EU copyright reform: Right to publish books online that are no longer sold
<p>I read that the EU copyright reform changes the rights regarding books that are no longer sold. It should become possible to publish them for non-commercial use (probably under conditions).</p>

<p>Is this correct? What are the prerequisites to do this?</p>

<p>The closest thing to what you're describing is the new rights granted to cultural heritage institutions described in Articles 8-11 of the <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.130.01.0092.01.ENG&amp;toc=OJ:L:2019:130:TOC" rel="nofollow noreferrer">new Copyright Directive</a> (draft Articles 7-9). Note this doesn't apply to individuals, just cultural heritage institutions, which is defined by Article 2(3):</p>

<blockquote>
  <p>‘cultural heritage institution’ means a publicly accessible library or museum, an archive or a film or audio heritage institution;</p>
</blockquote>

<p>I won't quote the articles in full since it's over 1000 words, but the main points are:</p>

<ul>
<li>Under Article 8(1), collective rights management organizations may independently issue a non-exclusive, non-commercial licence to a cultural heritage institution for out-of-commerce works. By Article 9(1), the licence may apply within EU territory.</li>
<li>Under Article 8(2) and (3), where no appropriate collective rights management organization exists, the cultural heritage institution does not need a licence for out-of-commerce works. By Article 9(2) this only applies within the Member State concerned.</li>
<li>Under Article 8(4), the rightholder for the out-of-commerce work has a unilateral right to deny usage of their work at any time.</li>
<li>In all cases, the work must already be within the collection of the cultural heritage institution.</li>
</ul>

copyright publishing