Signing of a license to put out-of-commerce works online

The National Library of Luxembourg (BnL) and Luxorr (Luxembourg Organization for Reproduction Rights) have signed a historic pilot license for the online publication of “out-of-commerce” works.

This innovative scheme is part of the strategy to preserve and share Luxembourg’s cultural heritage, as outlined in the BnL’s Vision 2030, while guaranteeing fair compensation for creators and respect for their rights.

A work is considered out-of-commerce when it is no longer accessible to the public through standard commercial channels, regardless of the format. This agreement also extends to works that have never been commercially exploited, such as publications by public institutions and associations.

This “extended effect” pilot license, a first of its kind in Luxembourg, represents a major step forward in making our heritage available to the public. Its legal basis is the law of 1 April 2022, transposing the European directive on copyright in the digital single market (2019/790). An “extended effect” license covers potentially unknown rights holders or those not yet represented by Luxorr, thus addressing a historic challenge: the often impossible identification of rights holders for heritage collections.

At the beginning of 2025, BnL will publish the list of works it considers to be commercially unavailable on the EUIPO portal (European Union Intellectual Property Office). From this point onwards, a six-month waiting period will begin, accompanied by an awareness-raising campaign. During this time, rights holders can exercise their right to withdraw.

At the end of this period, the system will come into effect and the works will be made available on the eluxemburgensia.lu portal. Rights holders will retain their right to withdraw at any time.

This pioneering collaborative project between rights holders, the BnL and Luxorr marks a turning point and sets the stage for broader agreements in the future.