Article 9—Cross-border Uses

This chapter examines Article 9 of Directive 2019/790, the copyright directive in Europe. It discusses licences that allow the use of out-of-commerce works or other subject matter by cultural heritage institutions in any Member State. It also clarifies the uses of works and other subject matter that are deemed to occur solely in the Member State where the cultural heritage institution undertaking that use is established. The chapter cites cultural heritage institutions that benefit from a clear framework for the digitisation and dissemination of works or other subject matter that are out-of-commerce for the purposes of Directive 2019/790. It describes characteristics of the collections of out-of-commerce works or other subject matter involved in mass digitisation projects, wherein obtaining the prior authorisation of the individual rightholders can be very difficult.