1) Where licences are created for in-copyright material, ensuring that the licences are pan-European.
2) Orphan works – ‘the Commission will prepare an impact assessment on the way to tackle the orphan work issue’.
3) The disparity between US and European public domain rules (in the US pre-1923 works are in the public domain):
‘The practical consequence is wider online access to digital books in the US than in Europe, and solutions involving rightholders and cultural institutions should be considered in order to redress this situation. These solutions could include speeding up the creation of registries for orphan and out of print works – already underway through the ARROW project – or the pragmatic use of a cut-off date that would impose a lower threshold for diligent search for works from before a certain date.’4) Accessibility of digitised public domain material as some institutions charge for access:
‘The question is whether digitisation in itself creates new rights. Normally this would not be the case. However, the level of originality needed for the creation of copyright is not harmonised at European level, so the answer to the question may differ from one Member State to another (the originality criterion has, however, been harmonised for photographs, databases and computer software). It may also vary for different types of digitisation (for example the scanning of books is not the same as costly 3D rendering of objects).’The Commission press release is here.