Abstract
Articles 8 and 12 of the DSM Directive provide the first explicit legal basis for extended collective licences (ECL) in the EU copyright acquis. Article 8 is a mandatory rule on the use of out-of-commerce works and other subject matter by cultural heritage institutions, whereas Article 12 is an optional rule that applies to all kinds of works or other subject matter and all forms of use. Article 12 harmonizes national rules on ECLs and leaves some, but limited, freedom to the Member States. The comment of European Copyright Society examines the possibilities that Articles 8 and 12 provide for adopting national rules on extended collective licences and addresses a number of core aspects of Articles 8 and 12 that may play an important role in the national implementation process.
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