Biblioteca Nacional deEspaña

Arrow National Libraries domain’s meetingBnF Paris, March 30, 2010

Legal framework: projects of a national

law regarding the issue of orphan works.

Spanish Intellectual Property Laws currently in force are the following:

1. Texto Refundido de la Ley de Propiedad Intelectual (RDL 1/1996), amended by

2. Ley 23/2006 de 7 de julio

There is no mention to orphan works

Legal framework: projects of a national

law regarding the issue of orphan works.• There is an amendment to the last law proposed by a

Parlamentary Group to cover the legal emptiness, adding a new article:

• Works considered as orphans, that is to say : those whoserigth holders have not been found after a lawful research, could be used without previous authorization, according to legally-stablished-conditions

Legal framework: projects of a national law regarding the issue of orphan works.

In the meantime, the law includes some recommendationsregarding the use of orphan works by a library:

If there is a doubt, not to use these works

Before using them, the library has to prove that a diligent search has been performed, including the obtaining of a certification of the Intellectual Property Register stating thatthe work has not been registered (although such register is not compulsory for a work to be protected)

CEDRO concedes a license for reproduction which nowadaysacts as a temporary solution to the orphan works issue

Legal framework: Seminario de Directores Generales y Expertos sobre Digitalización del Material Cultural "Bibliotecas digitales y derecho de autor"

Date: 12 to 14-04-2010

Place: Biblioteca Nacional. Madrid

Content: The seminar will take place on 12th, 13th and 14th of April. Theaim is to consider and analyse the process of digitation of culture and the role it plays in the knowledge society. One of the mainelements of analysis will be The European Digital Library and itsinfluence in the rest of member Estates.

Presentation of the different stakeholders of the book value chain and interconnections between local BIPs, RROs and NL

RRO: CEDRO -Centro Español de Derechos ReprográficosThe Centro Español de Derechos Reprográficos (CEDRO – ‘SpanishReproduction Rights Centre’), is a non-profit association of authors andpublishers of books, periodicals and other publications in any medium. Theassociation collectively protects and manages members’ intellectual propertyrights (copying, processing, public disclosure and distribution). CEDRO wasauthorised for its role by the Spanish Ministry of Culture in 1988, under theIntellectual Property Act.CEDRO’s mission is to represent and defend the legitimate interests ofauthors and publishers of books and periodicals by authorising and endorsingthe legal use of their works.Also, CEDRO offers the service of right holders localization (writers, translators and publishing companies) to users that request it with differentendsCEDRO collectively manages the rights held by its partner associations in other countries, and is a member of the International Federation ofReproduction Rights Organizations (IFRRO). http://www.cedro.org/

Presentation of the different stakeholders of the book value chain and interconnections between local BIPs, RROs and NL

BIP:DILVE- Distribuidor de Información del Libro Español en VentaDILVE is the technological platform for the management anddistribution of the bibliographical and marketing information ofSpanish books in print. It is an Internet-based system, designed for the exchange ofinformation, in a quick and highly efficient way, between theprofessionals of the book world. For all the professionals of the book chain Publishers, booksellers, distributors, librarians, online stores, book and reading web sites, themedia... It uses the ONIX international standard of bibliographicalinformation based in XML, but it allows loading and obtainingcontents in different formats (including ONIX).http://www.dilve.es/

Presentation of the different stakeholders of the book value chain and interconnections between local BIPs, RROs and NL

Flash information of the BNE

• Created in 1711 as Royal Public Library, becomes the National Library in 1836.

• Emblematic Headquarters building at the heart of Madrid since 1893.

• Legal Deposit since 1957.

• Autonomous institution since 1991.

• Second building complex in Alcalá de Henares opens in 1992 (six storage towers deserved by robots + usual services to users).

Presentation of the different stakeholders of the book value chain and interconnections between local BIPs, RROs and NL

The BNE in figures

• Over 26 million pieces of which some 9 million are books.

• More than 60% are stored in the Alcalá de Henares site.

• A monthly average of 20 tons of new entries through Legal Deposit.

• More than 400.000 new monographers per year.

• Close to one million new items per year.

• An annual budget for new acquisitions of heritage pieces and electronic resources (3 million €).

Presentation of the different stakeholders of the book value chain and interconnections between local BIPs, RROs and NL

Roles in the Arrow Project

CEDRO in fact plays both roles, RRO and BIP, as they can access and obtain the information about Books in Print from DILVE.

CEDRO is developing the Spanish prototype:Based on Webservices

Input: bibliographic data in XML

Output: bibliographic data + Intellectual Property Rightsinformation + availability in XML

BNE acts as a provider of bibliographic records for TEL and authorityrecords for VIAF.

Library context: are there mass digitization plans?The Biblioteca Digital Hispánica

• Launched in the web in January 2008 with 10.000 works -currently has more than 25,000 works- representing the diversity of supports in the patrimonial collections. .

• Image format : TIFF, JPG, JP2 and PDF using DigiTool software.

• Quality selection of materials by several interdisciplinary academic committees.

• Target audience: research and studies on Hispanic culture and its promotion worldwide

• The whole BDH is accessible in TEL and Europeana

• http://bdh.bne.es/bnesearch/

Library context: are there mass digitization plans? Strategic partner agreement with Telefónica for large scale digitization project

• Signed end January 2008 as a result of successful launching The 5-year agreement amounts a contribution of 10 million euros + technical assessment.

• The collections to be digitised -up to 200.000 titles-, may include different types of material selected through a thematic approach for the best representation of the Spanish culture.

2008 2009 2010 2011 2012

Printed books 2.000 9.500 9.500 9.500 9.500

Drawings,engraves andphotographs

180.000 160.000 160.000

Manuscripts 330 330 330

Library context: are there mass digitization plans?Another digital collection : Historic Press

• Spanish press titles from XVIIIth to early XXth century. Currently includes over 697 titles (about 4 million pages).

• PDFs with OCR treatment ingested in a proprietary software for research and retrieval via web.

• http://www.bne.es/es/Catalogos/HemerotecaDigital/

New value-added service starting on May 2009

• Printing on demand through a non-exclusive agreement with BUBOK (Spain).

• This service means a new “life” for BNE digital collections through their permanent inclusion in this powerful commercial platform.

• It offers end users a practical alternative to the printing functionality at a reasonable cost. The ordered title is shipped in printed form to the customer in fifteen days.

• Currently available for all digital documents included in ObrasMaestras collection. More than 200 titles offered by the BDH.

• BNE is discussing terms and contract conditions with AMAZON (USA).

• http://bne.bubok.com/

New value-added service starting on November 2008

ENCLAVE: Access to digital books with copyrigth through TheBiblioteca Digital Hispánica

• Project promoted by the Federación de Gremios de Editores de España (FEDER) and the BNE and funded by the Ministry of Industry, Tourism and Commerce of Spain (Plan Avanza).

• How it works:

• Beginning at the BDH site, any user, having selected a particular copyrighted work, may access external sites owned by the publishing company (e-book site) where he will have the opportunity to view the full version of that work.

• http://www.bne.es/es/Catalogos/BibliotecaDigital/enclave/index.html

Current management of orphan works: how do they currently cope with this problem?

The main mass digitization projects involve works in the public domain.

Copyrighted works are subject to diverse commercial terms.

At the moment the digitization projects don't include orphan works

End users of ARROW: what type of libraries are likely to be interested in using ARROW?

University Libraries

Libraries with digital collections

http://www.bne.es/es/Catalogos/BibliotecaDigital/ColeccionesDigitalesEspanolas/

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Ana Mª ManchadoAutomatization AreaBiblioteca Nacional de Españaana.manchado@bne.es

Pº de Recoletos 20 -22 28071 Madrid EspañaT +34 915 16 8981

www.bne.eshttp://bibliotecadigitalhispanica.bne.eswww.facebook.com/bnewww.youtube.com/bibliotecaBNE

Choice of use cases1. Based on the original file of Spanish Nobel Prizes, I took the authors:José de Echegaray y Eizaguirre (1832-1916)

Jacinto Benavente y Martínez (1866-1954)Juan Ramón Jiménez (1881-1958)Vicente Aleixandre (1898-1984)Santiago Ramón y Cajal (1852-1934)Severo Ochoa (1905-1993)

and I looked for all the works of these authors . They are 1718.2. From each record I extract only some fields: key| year of de publicatin (from 260)| country of publication (from

008)|ISBN|traslation(041)| main author|other authors3. In Access, to ordenar and select according the requirements.Example:bimo0001818950|1894|fra|-|fre spa|Ramón y Cajal, Santiago 1852-1934|-|bimo0001627651|1894|deu|-|ger spa|Ramón y Cajal, Santiago 1852-1934|Greeff,

Richard|bimo0000630805|1889|esp|-|-|Ramón y Cajal, Santiago 1852-1934|-|bimo0001534853|2000|esp|84-00-07971-X|-|Ochoa, Severo 1905-1993|-|bimo0001531620|1999|esp|84-00-07850-0|-|Ochoa, Severo 1905-1993|-|