In September 2011, Michel Barnier, European Commissioner for the Internal Market and Services, presided over the signing of a Memorandum of Understanding (MoU) setting out key principles on the digitisation and making available of Out‐of‐Commerce Works (OOC) by publicly accessible libraries and similar institutions in the European Union. The MoU was agreed among 10 organisations representing national, research and public libraries and documentation centres, authors of literary works, and embedded visual works (eg illustrations, photographs etc), publishers of books and journals and relevant collective management organisations (CMOs). It envisages a process at the Member State level whereby out‐of‐commerce works first published in that Member State may be made available, including through digital means and across borders.
For more than one year, the 10 signatories to the MoU have set up the Out-Of-Commerce Implementation Task Force (OMIT). Its purpose is to assist institutions with its implementation and to offer advice and support during and after devising the Out of Commerce Digitisation project.
Find here a short description of how Making Out of Commerce Works Available in EU Member States.