Facilitating Access to Out-of-Commerce Works in the Digital Single Market

Author:Christophe Geiger - Giancarlo Frosio - Oleksandr Bulayenko
Position:Is a Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France - Is a Senior Researcher and Lecturer at CEIPI - Is a Researcher and PhD Candidate at CEIPI
Pages:240-250
SUMMARY

Renaissance genius Pico della Mirandola dreamed of making all knowledge accessible in one place. The Proposal for a Directive on Copyright in the Digital Single Market could help Pico’s dream come true. The proposal, inter alia, aims at facilitating wider access to Europe’s cultural heritage through the introduction of a mechanism enabling the use of out-of-commerce works by cultural heritage... (see full summary)

 
FREE EXCERPT
2018
Christophe Geiger, Giancarlo Frosio and Oleksandr Bulayenko
240
3
Facilitating Access to Out-of-Commerce
Works in the Digital Single Market
How to Make Pico della Mirandola’s Dream a Reality in the
European Union
by Christophe Geiger, Giancarlo Frosio and Oleksandr Bulayenko*
© 2018 Christophe Geiger, Giancarlo Frosio and O leksandr Bulayenko
Everybody may disseminate this ar ticle by electronic m eans and make it available for downloa d under the terms and
conditions of the Digital P eer Publishing Licence (DPPL). A copy of the license text may be obtain ed at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8.
Recommended citation: Chris tophe Geiger, Giancarlo Frosio and Olek sandr Bulayenko, Facilitating Access to Out-of-
Commerce Works in the Digital S ingle Market – How to Make Pico della Mirandola’s Dream a Reality in the Europea n Union,
(2018) JIPITEC 240 pa ra 1
Keywords: Copyright; digital single market; reform; digitisation; out-of-commerce
merce status of works, the requirement of the repre-
sentative character of collective management organ-
isations, and the non-application of the mechanism
to third-country works. This Opinion also looks into
the coordination between the CJEU’s Soulier decision
and the Directive Proposal, with special emphasis on
the sufficiency of general publicity measures, and the
creation of the EUIPO’s out-of-commerce online da-
tabase. In conclusion, while being supportive of the
proposal and the idea of promoting more access to
out-of-commerce works, this Opinion provides some
suggestions for improving the text.
Abstract: Renaissance genius Pico della Mi-
randola dreamed of making all knowledge acces-
sible in one place. The Proposal for a Directive on
Copyright in the Digital Single Market could help Pi-
co’s dream come true. The proposal, inter alia, aims
at facilitating wider access to Europe’s cultural her-
itage through the introduction of a mechanism en-
abling the use of out-of-commerce works by cultural
heritage institutions in the digital environment. After
examining the key elements of this mechanism, this
Opinion critically discusses the definition of the scope
of search required for establishing the out-of-com-
A. Introduction
1
Cultural heritage stands as perhaps one of the major
assets of the European Union. No other world region
can showcase such a vast amount of cultural riches.
Digitisation has enabled access and the ability to
reuse this heritage to an extent previously unknown,
rendering the fundamental right to culture a reality
in the European Union.1 Cultural heritage can be
* Christophe Geiger is a Professor of Law, Director General
and Director of the Research Department of the Centre
for International Intellectual Property Studies (CEIPI),
University of Strasbourg, France; Giancarlo Frosio is a Senior
made available online from a single access point for
all EU citizens—and the international community—
to enjoy. The entire collection of European cultural
heritage may only be one click away. As the former
European Commissioner for the Digital Agenda,
Researcher and Lecturer at CEIPI; Oleksandr Bulayenko is a
Researcher and PhD Candidate at CEIPI.
1 On the right to culture, see Christophe Geiger (ed.),
Intellectual Property and Access to Science and Culture:
Convergence or Conict?, CEIPI/ ICTSD publication series on
“Global Perspectives and Challenges for the Intellectual
Property System”, Issue No. 3, Geneva/Strasbourg,
December 2016.

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