Cultural Heritage Online? Settle It in the Country of Origin of the Work

Type: Journal Article
Lucie Guibault
This journal article proposes a cross-border extended collective licensing scheme which could facilitate the clearing of works from cultural heritage institution collections for use in digital repositories like Europeana.
2015 December 31
The abstract provided by the author(s) of this work is as follows: This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.
German Association for Law and Informatics , Deutsche Gesellschaft für Recht und Informatik (DGRI)
Journal Title
Journal of Intellectual Property, Information Technology and E-Commerce Law
Issue Number
Pages (from-to)
173-191 pp.
European Union
353 KB, 19 pp.
Copyright Information
In Copyright
Cortex Citation:
Lucie Guibault, “Cultural Heritage Online? Settle It in the Country of Origin of the Work,” Copyright Cortex, accessed June 2, 2020,