LIBER has submitted its response to the German consultation to adapt copyright law to the requirements of the Digital Single Market.
In its proposal focussing on the mass digitisation and making available out-of-commerce works (Art 8-11), LIBER directs its concerns towards two specific items. The first is the lack of clarity in the draft as to when cultural heritage organisations should use a Collective Management Organization (CMO) and when to use an exception. LIBER responded with a number of recommendations, namely to make clear when a CMO would be involved and offer a licence and when the fall-back exception should be used, as well as the need for a time limit for making that decision.
The second issue is regarding the requirement for remuneration for types of works which often sit in libraries and archives which have never been commercially available. Our recommendation is to remove the remuneration requirement in § 61d (5) UrgH-E.