What can cultural heritage providers do to enable access to in copyright audiovisual materials which are no longer commercially exploited, but whose copyright is difficult or impossible to clear?

This webinar will explore whether the EU Out-of-Commerce works regime introduced by the Copyright in the Digital Single Market Directive (CDSM Directive) provides an effective solution to a long-standing problem: enabling access to audiovisual works and collections that are still in copyright but are no longer commercially exploited.

The discussion will draw on the recent De Schatkamer project in the Netherlands, which demonstrates that the framework can work at scale when supported by institutional leadership, broadcaster cooperation, political support, and effective use of the EUIPO Out-of-Commerce portal. At the same time, the regime raises important concerns, such as its reliance on negotiations between cultural heritage institutions (CHIs) and Collective Management Organisations (CMOs), often characterised by uneven bargaining power and conflicting incentives.

By exploring both the opportunities and limitations of the CDSM framework, the webinar will assess whether the EU Out-of-Commerce works regime can provide a sustainable and scalable mechanism for making Europe's audiovisual heritage more widely accessible.

The webinar is co-organised by the EUscreen Foundation and the Europeana Copyright Community. It will be chaired by EUscreen board member Bartolomeo Meletti (CREATe, University of Glasgow) in his capacity as Smart Data Research Fellow (UKRI4014).

Speakers:
- Maarten Brinkerink - IT Solution Architect at The Netherlands Institute for Sound & Vision
- Heidi Heftberger - Deputy Head of the Department for Audiovisual Media at the German Federal Archives (Bundesarchiv)
- Brecht Declercq - Head of Archives at Radiotelevisione Svizzera Italiana
- Maarten Zeinstra - Public Policy & Information Law Specialist at IP Squared
- Ariadna Matas - Policy Advisor at the Europeana Foundation