i2010 Digital Libraries Copyright Subgroup's recommended Key Principles for Rights Clearance Centres and Databases for Orphan Works

Die Einleitung desBerichts zu den Grundprinzipien für Rechteklärungsinstitutionen und -datenbanken für Verwaiste Werke der Copyright Subgroup lautet wie folgt:

"The European Commission has made digital libraries a key aspect of i2010 as expressed inter alia in its Communication i2010: Digital Libraries’ of 30 September 2005. The Commission’s Recommendation of 24 August, approved by the Council in November 2006 focuses on digital preservation, orphan works and out-of-print works. Text-based and audiovisual materials include substantial amounts of works with unclear copyright status. Comprehensive, large scale digitisation and online accessibility, as well as other uses could be facilitated.
A High Level Expert Group (HLG) was appointed to advice the Commission on implementation issues regarding the European Digital Libraries initiative. To develop solutions on key copyright issues, the HLG established a Copyright Subgroup which worked out a set of High Level Principles that were endorsed by the HLG at its meeting 17 October 2006.
As a part of the solution on copyright issues, the Copyright Subgroup recommended rights clearance centres and dedicated databases concerning information on orphan works taking into account that any mechanism intended to facilitate the EDL should in principle be established or promoted on a voluntary basis. It further noted that the European Commission could recommend that the Member States support or complete contractual arrangements by “an extension effect to a collective licence contracts by some legal presumption and by other measures to the same effect.” The High Level Principles are fundamental for the establishment of Rights Clearance Centres (RCC) and Databases (DB) in relation to the i2010 European Digital Libraries (EDL).
Moreover, co-ordination should take place among the various initiatives at national level and across the European Union, to avoid unnecessary duplication among different initiatives. Also, mutual recognition is important with a view to the cross border effect of the use. National RCCs could act as portals and centralised access points for clearance of rights and be accessible across borders, supported by DBs and registries. In building these RCCs will also involve and co-operate, when appropriate, the cultural institutions with the view to draw on their expertise to enable a best possible result to the benefit of right holders as well as institutions and other users of copyright works. Interlinking national databases would establish a European centralised access point and a European wide solution. It should take account of the variety of existing and future information resources available."

Gliederung des Berichts:

- Preface
- High Level Principles governing the Clearance of Rights for Works presumed to be Orphan
- High Level Purpose of Rights Clearance Centres and Databases
- Definitions
- Governing principles of the Databases and Rights Clearance Centres for Orphan Works