Out of commerce works National Implementations Overview

Out of commerce works National Implementations Overview information on how the out of commerce works provisions from the Copyright in the Digital Single Market (CDSM) Directive have been transposed and implemented in each European Union member state.

An asterisk * indicates that no information is available for that country. If you have any information, please reach out to copyright@europeana.eu.

This overview is just one of a number of resources we have available to support professionals working with copyright and digital cultural heritage. Discover them all on Europeana Pro, and read more about out of commerce works here.

This overview has been prepared and is maintained by the Out of Commerce Works Working Group, which is part of the Copyright Community at the Europeana Network Association. It is therefore created with input from cultural heritage professionals based in various countrise. We cannot guarantee the correctness of all of the information contained in this overview, so we recommend using it as general guidance and a first reference point to look for more information.

Link to legal provisions	Link to legal provisions in which the transposition text can be consulted.
Stakeholder dialogues	Indication of whether the stakeholder dialogues have started and of any relevant aspects in its composition, results, or other.
Out of commerce determination	Clarification of whether the national transposition or stakeholder dialogues provide indications on how to determine that materials are out of commerce, for example by establishing a cut-off date, defining non-mandatory customary channels of commerce by type of material, or indicating what can be considered a ‘reasonable effort’.
Sufficiently representative CMOs	Collective management organisations (CMOs) that are considered, on the basis of the stakeholder dialogues or other decisions, to be sufficiently representative of a type of out of commerce material.
Conditions for opt-out	Conditions established through the national transposition text or stakeholder dialogues with regards to the possibility for rights holders to opt out.
Scope of licence	Indication of the types of materials that fall within the scope of the licensing mechanism, and of the rights, on the basis of the law.
Scope of exception	Indication of the types of materials that fall within the scope of the exception, and of the rights, on the basis of the law.
Publicity measures	Clarification of whether the national transposition mandated the creation of a national database, in addition to the EUIPO’s database, and whose responsibility it is to declare the works through the relevant database.
Other conditions	Other conditions established by the Directive or resulting from the stakeholder dialogues.