European Commission (2011b)
|European Commission (2011b)|
|Title:||Impact assessment on the cross-border online access to orphan works|
|Author(s):||European Commission Staff Working Paper|
|Citation:||European Commission Impact assessment on the cross-border online access to orphan works (Commission Staff Working Paper SEC (2011) 615 (final)|
|Link(s):||Definitive , Open Access|
|Key Related Studies:|
|About the Data|
|Data Description:||This study is a literature review and has no original data.|
|Secondary Data Sources:|
|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||No|
|Government or policy study?:||Yes|
|Time Period(s) of Collection:|
This study is a European Commission Staff working paper Impact Assessment on the Cross-border Online Access to Orphan Works accompanying the document proposal for a Directive of the European Parliament and of the Council on certain permitted uses of orphan works.
Main Results of the Study
In terms of operating costs, the statutory exception appears to be the most efficient and least onerous for libraries as this option is limited to requiring a diligent search with no subsequent transactional cost linked to licensing. The absence of a secure licensing framework is, however, a slight disadvantage with this option as far as legal certainty is concerned. The option based on mutual recognition, on the other hand, could result in slightly higher operating costs for libraries, depending on whether Member States choose costly licensing systems to authorise the lawful display of orphan works. Nevertheless, the additional license substitutes for the requisite "permission to use" and would thus provide additional safeguards against subsequent infringement claims. Also, as long as a diligent search has been conducted, Member States can reduce operating costs by adopting rules that orphan works can be integrated into existing licensing schemes covering digital libraries. Property rights are affected in the same manner by both options. Notwithstanding a prior diligent search, the orphan work is being used without the right holders' express authorisation. However, since the mutual recognition option grants Member States the possibility to establish suitable instruments to substitute for an express authorisation, The mutual recognition option is better suited to allow Member States to provide a higher level of protection for property rights.
Policy Implications as Stated By Author
The chosen approach is therefore based on the mutual recognition of the orphan work status determined after a diligent search in the Member State where the work was first published. In addition, all licenses permitting the making available of orphan works will also, by virtue of mutual recognition, be valid throughout the European Union. In this manner the principal goal of the initiative, to promote the knowledge economy and grant Europe wide access to orphan works contained in digital library projects, is best achieved.