Maurizio Borghi and Stavroula Karapapa
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199664559
- eISBN:
- 9780191758409
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664559.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
Orphan and out-of-print works, which embody a significant part of our cultural heritage, are a significant impediment towards the formation of digital libraries and mass digital archives. In its ...
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Orphan and out-of-print works, which embody a significant part of our cultural heritage, are a significant impediment towards the formation of digital libraries and mass digital archives. In its limited capacity, the EU Directive on orphan works does not provide an undisputed solution as it does not cover commercial uses of orphan works, and is hence not suitable in the context of mass digitization. The US has not enacted legislation in this regard, but there have been a number of private ordering mechanisms, such as in the context of Google Books and the HathiTrust Orphan Work Project. The question however remains: does the fact that a digital library includes orphan and out-of-print works signal the creation of entitlements over the entire corpus?Less
Orphan and out-of-print works, which embody a significant part of our cultural heritage, are a significant impediment towards the formation of digital libraries and mass digital archives. In its limited capacity, the EU Directive on orphan works does not provide an undisputed solution as it does not cover commercial uses of orphan works, and is hence not suitable in the context of mass digitization. The US has not enacted legislation in this regard, but there have been a number of private ordering mechanisms, such as in the context of Google Books and the HathiTrust Orphan Work Project. The question however remains: does the fact that a digital library includes orphan and out-of-print works signal the creation of entitlements over the entire corpus?
Stavroula Karapapa
- Published in print:
- 2020
- Published Online:
- May 2020
- ISBN:
- 9780198795636
- eISBN:
- 9780191836930
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795636.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
A substantial body of copyright infringement defences is primarily available to institutional users, such as educational establishments, libraries, and archives. In light of the advent of the ...
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A substantial body of copyright infringement defences is primarily available to institutional users, such as educational establishments, libraries, and archives. In light of the advent of the Internet and mass digitization, the availability of defences has been enlarged through a set of legislative instruments, such as the Orphan Works Directive and the Directive on Copyright in the Digital Single Market. Public policy privileges are meant to make allowances for modern methods of teaching provision, such as online courses, distance learning, and cross-border education programmes, as well as exempt from infringement new methods of carrying out research, such as text mining and data analytics, and enable value extraction from the plethora of works that are currently out of print. Although the policy reason behind the expansion of available defences has been the promotion of growth in the educational and cultural sector, there is a strong public interest underpinning the very presence of these exceptions in the statute. This has to do with the promotion of a rigorous public domain, whereby certain works shall be made more accessible for users to use and re-use. Subject to examination in this chapter is the breadth of these permissible activities and their ability to accommodate modern online services, including also the defences available for uses made by public administration.Less
A substantial body of copyright infringement defences is primarily available to institutional users, such as educational establishments, libraries, and archives. In light of the advent of the Internet and mass digitization, the availability of defences has been enlarged through a set of legislative instruments, such as the Orphan Works Directive and the Directive on Copyright in the Digital Single Market. Public policy privileges are meant to make allowances for modern methods of teaching provision, such as online courses, distance learning, and cross-border education programmes, as well as exempt from infringement new methods of carrying out research, such as text mining and data analytics, and enable value extraction from the plethora of works that are currently out of print. Although the policy reason behind the expansion of available defences has been the promotion of growth in the educational and cultural sector, there is a strong public interest underpinning the very presence of these exceptions in the statute. This has to do with the promotion of a rigorous public domain, whereby certain works shall be made more accessible for users to use and re-use. Subject to examination in this chapter is the breadth of these permissible activities and their ability to accommodate modern online services, including also the defences available for uses made by public administration.
