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. When information about licences concluded is available, it is indicated next to the country name.

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 one of the many resources we have prepared 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 countries. 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.

In relation to the transposition of the Directive and some implementation measures

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.

In relation to the licences concluded

Type of agreement	Umbrella agreement / one-to-one licence / semi-public agreement
Collective management organisation(s)	Name of the collective management organisation(s) with whom the licence is concluded. If possible, indicate the types of works and the rights represented by the collective management organisation(s).
Cultural heritage institution	Name of the cultural heritage institution(s) that are subject to the terms of the licence
Materials	Out of commerce works that fall under the scope of the agreement (type, collection…)
Uses authorised	Uses that cultural heritage institution(s) can make of the materials
Duration in time
Geographical coverage
Fees
Additional conditions to be respected by the CHI
Additional conditions to be respected by the CMO
Link to licence (if public)
Facilitates making available via Europeana?