>> IFLA: Thank you again Mr. Chair for allowing IFLA to take the floor. IFLA supports initiatives to support and make available cumulative knowledge and cultural heritage and recognize the role of libraries and archives in that respect. We further acknowledge that this includes identifying solutions for the inclusion of orphan works and works out of commerce. Before allowing such works to be made available, they must be carefully defined, for instance, in line with the E.U., orphan works directive and the European Commission for facilitated out of commerce works MOU signed by IFLA and the European library author and publisher’s organisations.They must only be reproduced or made available under criteria agreeable to right holders to insure that this does not conflict with the normal exploitation of the work or the interest of the authors. Solutions to enable the digitization and making available of orphan works and out of commerce works require a country specific approach considering national legal and other traditions. Orphan works legislation must insure the right of withdrawal and remuneration for reappearing rights holders. The reproduction and making available of out of commerce works is best handles when voluntary stakeholder initiatives including licensing arrangements set the point of departure.
Stakeholders have shown the ability to establish workable solutions for the digitization and making available of such works. This comprises recommended tools including definitions criteria for the search for rights holders and model licensing agreements, as well as making decisions for rights clearance through the one stop shop represented by collective management. All tools available from the digital library page on the IFLA website. The stakeholder MOU on library digitization and making available out of commerce works facilitated by the European Commission and signed by the IFLA and the European library authors and publishers association is currently being implemented in a number of E.U. Member States.
We recommend that WIPO Member States study examine more closely the out of commerce MOU that representative organisations after all stakeholders have signed in Europe how they can benefit from this experience.
The stakeholders have also set up a task force and resource pool to assist those who require it to implement or learn from it. IFLA as the coordinator of the task force will be pleased to contribute to obtaining information from the various sectors. Thank you.