The out-of-commerce works system

Abstract

A system that simplifies rights clearance now makes it possible for cultural heritage institutions in the European Union to digitise materials in their collections and legally make them available online, as long as they are not in commercial circulation. The so-called out-of-commerce works provisions, brought forward by the 2019 Copyright in the Digital Single Market Directive, builds upon previous attempts to close the “twentieth century blackwhole” and offers a promising solution.