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29.10.2011 Official
Journal
of
the
European
Union L
283/39
RECOMMENDATIONS
COMMISSION RECOMMENDATION
of 27 October 2011
on the digitisation and online accessibility of cultural material and digital preservation
(2011/711/EU)
THE EUROPEAN COMMISSION,
progress has been made. However, progress is not
consistent across the Member States and is uneven for
the different points of the Recommendation.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 292 thereof,
(4) Moreover
the
context
for
digitisation
efforts
and
for
collaboration at European level has changed considerably
over the last few years. New elements include the launch
of Europeana in November 2008, the publication of the
report ‘The New Renaissance’ by the ‘Comité des Sages on
Whereas:
bringing Europe’s cultural heritage online’ of 10 January
2011 and the Commission’s proposal for an Orphan
Works Directive of 24 May 2011.
(1) The
Digital
Agenda
for
Europe
seeks
to
optimise
the
benefits of information technologies for economic
(5) Therefore,
an
updated
set
of
measures
for
digitising
and
growth, job creation and the quality of life of European
bringing cultural heritage online and for digital preser
citizens, as part of the Europe 2020 strategy. The digiti
vation should be recommended to the Member States. In
sation and preservation of Europe’s cultural memory
that context, the development of digitised material from
which includes print (books, journals and newspapers),
libraries, archives and museums should be further
photographs, museum objects, archival documents,
encouraged in order to ensure that Europe maintains
sound and audiovisual material, monuments and archae
its place as a leading international player in the field of
ological sites (hereinafter ‘cultural material’) is one of the
culture and creative content and uses its wealth of
key areas tackled by the Digital Agenda.
cultural material in the best possible way. As underlined
by the ‘Comité des Sages on bringing Europe’s cultural
heritage online’, Europe needs to act now to reap the
benefits of digitisation and digital preservation. If
Member States do not step up their investments in this
(2) The
EU’s
strategy
for
digitisation
and
preservation
builds
area, there is a risk that the cultural and economic
on the work done over the last few years in the digital
benefits of the digital shift will materialise in other
libraries initiative. The European actions in this area,
continents and not in Europe.
including the development of Europeana, Europe’s
digital library archive and museum, were supported by
the European Parliament and the Council, most recently
in a Parliament resolution of 5 May 2010 and the
Council Conclusions of 10 May 2010. The Workplan
(6) The
online
accessibility
of
cultural
material
will
make
it
for Culture 2011-14, established by the Council at its
possible for citizens throughout Europe to access and use
meeting of 18 and 19 November 2010, highlights the
it for leisure, studies or work. It will give Europe’s diverse
need for a coordinated effort in the area of digitisation.
and multilingual heritage a clear profile on the Internet,
and the digitisation of their assets will help Europe’s
cultural institutions to continue carrying out their
mission of giving access to and preserving our heritage
in the digital environment.
(3) On
28
August
2006,
the
Commission
issued
a
Recom
mendation to the Member States with a view to opti
mising, by means of the Internet, the economic and
cultural potential of Europe’s cultural heritage. The
(7) Moreover,
the
digitised
material
can
be
reused
–
for
both
Member States’ reports on the implementation of the
commercial and non-commercial purposes – for uses
Recommendation of 2008 and 2010 show that
such as developing learning and educational content,

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L 283/40
EN
Official Journal of the European Union
29.10.2011
documentaries, tourism applications, games, animations
key tool to stimulate creativity, Europe’s cultural material
and design tools, provided that this is done with full
should be digitised, made available and preserved in full
respect for copyright and related rights. This will give
respect of copyright and related rights.
an important input to the creative industries, which
account for 3,3 % of EU GDP and 3 % of employment.
These industries are faced with a digital transition that is
shaking up traditional models, transforming value chains
and calling for new business models. Digitising and
(12) On
24
May
2011
the
Commission
made
a
proposal
for
a
providing wider access to cultural resources offers
Directive for orphan works. In order to have its full effect
enormous economic opportunities and is an essential
it should be rapidly adopted and implemented to ensure
condition for the further development of Europe’s
a harmonised approach to the issue of orphan works
cultural and creative capacities and of its industrial
throughout the EU. For the large-scale digitisation of
presence in this field.
out-of-commerce works, legislative backing for licensing
solutions voluntarily developed by stakeholders may be
needed in the Member States, taking into account the
need to ensure a cross-border effect. In this context,
the approach followed in the stakeholders’ dialogue,
(8) Digitisation
is
an
important
means
for
ensuring
greater
sponsored by the Commission, on out-of-commerce
access to and use of cultural material. Concerted action
books and learned journals, which resulted in a
by the Member States to digitise their cultural heritage
Memorandum of Understanding signed in Brussels on
would lend greater coherence to the selection of material
20 September 2011, should be seen as a model for
and would avoid overlap in digitisation. It would also
further dialogues to facilitate agreements for the digiti
lead to a more secure climate for companies investing
sation of as much of the out-of-commerce material as
in digitisation technologies. Overviews of current and
possible. Rights information databases connected at
planned digitisation activities and quantitative targets
European level can bring down transaction costs for
for digitisation would contribute to achieving those
rights clearance. Such mechanisms should therefore be
objectives.
encouraged in close cooperation with all stakeholders.
(9) The
cost
of
digitising
the
whole
of
Europe’s
cultural
heritage is high and cannot be covered by public
(13) In
order
to
allow
wide
access
to
and
use
of
public
funding alone. Private sector sponsoring of digitisation
domain content, it is necessary to ensure that public
or partnerships between the public and private sectors
domain content remains in the public domain once
can involve private entities in digitisation efforts and
digitised. The use of intrusive watermarks or other
should be further encouraged. In order to be fair and
visual protection measures on copies of public domain
balanced, these partnerships should comply with a
material as a sign of ownership or provenance should be
number of key principles. In particular it is necessary
avoided.
to set time limits for the preferential use of the
digitised material. The ‘Comité des Sages on bringing
Europe’s cultural heritage online’ indicated that the
maximum time for preferential use of the material
digitised in public-private partnerships should not be
(14) Europeana,
Europe’s
digital
library,
archive
and
museum,
longer than 7 years.
was launched on 20 November 2008. The further devel
opment of the Europeana platform will depend to a large
extent on the way the Member States and their cultural
institutions feed it with content, and make it visible to
citizens. Measures to achieve this effect should be
(10) The EU Structural Funds can be and are being used to
encouraged.
co-fund digitisation activities as part of projects having
an impact on the regional economy. However, such use
could be more widespread and systematic. Mass digiti
sation processes can gain in efficiency due to scale.
Therefore, the efficient use of digitisation capacity and,
(15) Currently,
Europeana
gives
direct
access
to
more
than
where possible, the sharing of digitisation equipment
19 million digitised objects. Only 2 % of these objects
between cultural institutions and countries should be
are sound or audiovisual material. Increasing the
encouraged.
content accessible through Europeana, including types
of material that are currently underrepresented, will
make the site more interesting for the users, and
should therefore be encouraged. The overall target of
30 million objects by 2015 is in line with Europeana’s
(11) Only
part
of
the
material
held
by
libraries,
archives
and
strategic plan, and a stepping stone for getting Europe’s
museums is in the public domain, in the sense that it is
entire cultural heritage digitised by 2025. The availability
not or is no longer covered by intellectual property
of all public domain masterpieces (key cultural or
rights, while the rest is protected by intellectual
historical works and objects, as determined and selected
property rights. Since intellectual property rights are a
by the Member States) through Europeana will enrich the

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EN
29.10.2011 Official
Journal
of
the
European
Union L
283/41
content of the site, in line with the expectations of the
HEREBY RECOMMENDS THAT MEMBER STATES:
users. Provisions in the Member States ensuring that all
material digitised with public funding is made available
through Europeana would boost the development of the
platform and create a clear framework for the content
contribution by cultural institutions, and the introduction
Digitisation: organisation and funding
of such provisions should therefore be encouraged.
1. further develop their planning and monitoring of the digiti
sation of books, journals, newspapers, photographs,
museum objects, archival documents, sound and audio
visual material, monuments and archaeological sites (here
inafter ‘cultural material’) by:
(16) Digital
material
has
to
be
managed
and
maintained,
otherwise files may be unreadable when the hardware
and software used to store them becomes obsolete,
material may be lost when storage devices deteriorate
(a) setting clear quantitative targets for the digitisation of
over time, and storage devices could be overwhelmed
cultural material, in line with the overall targets
by the sheer volume of new and changing content. In
mentioned under point 7, indicating the expected
spite of progress made across the EU on the preservation
increase in digitised material which could form part
of digital material, in several Member States no clear and
of Europeana, and the budgets allocated by public
comprehensive policies are in place on the preservation
authorities;
of digital content. The absence of such policies poses a
threat to the survival of digitised material and may also
result in the loss of material produced in digital format
(born digital material). The development of effective
means of digital preservation has far-reaching impli
(b) creating overviews of digitised cultural material and
cations that go beyond cultural institutions. Questions
contributing to collaborative efforts to establish an
of digital preservation are relevant for any private or
overview at European level with comparable figures;
public organisation, which is obliged or which wishes
to preserve digital material.
2. encourage partnerships between cultural institutions and
the private sector in order to create new ways of funding
digitisation of cultural material and to stimulate innovative
(17) Digital preservation poses challenges of a financial,
uses of the material, while ensuring that public private
organisational, and technical nature and sometimes
partnerships for digitisation are fair and balanced, and in
requires an update of legislative provisions. Several
line with the conditions indicated in the Annex;
Member States have introduced or are considering legal
obligations requiring producers of digital material to
make one or more copies of their material available to
a mandated deposit body. Efficient provisions and
3. make use of the EU’s Structural Funds, where possible, to
practices for legal deposit can minimise the adminis
co-finance digitisation activities in the framework of
trative burden on content holders and deposit insti
regional innovation strategies for smart specialisation;
tutions alike, and should therefore be recommended.
Effective collaboration between Member States is
necessary to avoid a wide variation in the rules
governing the deposit of digital material and should be
encouraged. Web-harvesting is a new technique for
4. consider ways to optimise the use of digitisation capacity
collecting material from the Internet for preservation
and achieve economies of scale, which may imply the
purposes. It involves mandated institutions actively
pooling of digitisation efforts by cultural institutions and
collecting material instead of waiting for it to be
cross-border collaboration, building on competence centres
deposited, thus minimising the administrative burden
for digitisation in Europe;
on producers of digital material, and national legislation
should therefore make provision for it.
Digitisation and online accessibility of public domain
material
(18) In as far as cinematographic works are concerned the
5. improve access to and use of digitised cultural material that
present Recommendation complements the Parliament
is in the public domain by:
and Council Recommendation of 16 November 2005
on film heritage and the competitiveness of related
industrial activities ( 1 ) on a number of aspects,
(a) ensuring that material in the public domain remains in
( 1 ) OJ L 323, 9.12.2005, p. 57.
the public domain after digitisation;

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L 283/42
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Official Journal of the European Union
29.10.2011
(b) promoting the widest possible access to digitised public
(d) setting up or reinforcing national aggregators bringing
domain material as well as the widest possible reuse of
content from different domains into Europeana, and
the material for non-commercial and commercial
contributing to cross-border aggregators in specific
purposes;
domains or for specific topics, which may bring
about economies of scale;
(c) taking measures to limit the use of intrusive
watermarks or other visual protection measures that
reduce the usability of the digitised public domain
(e) ensuring the use of common digitisation standards
material;
defined by Europeana in collaboration with the
cultural institutions in order to achieve interoperability
of the digitised material at European level, as well as the
systematic use of permanent identifiers;
Digitisation and online accessibility of in-copyright
material
6. improve conditions for the digitisation and online accessi
(f) ensuring the wide and free availability of existing
bility of in-copyright material by:
metadata (descriptions of digital objects) produced by
cultural institutions, for reuse through services such as
Europeana and for innovative applications;
(a) rapid and correct transposition and implementation of
the provisions of the Directive on orphan works, once
it is adopted, with consultation of interested parties
ahead of adoption in order to facilitate a rapid imple
(g) establishing a communication plan to raise awareness
mentation; a close monitoring of the Directive’s appli
of Europeana among the general public and notably in
cation once it is adopted;
schools, in collaboration with the cultural institutions
contributing content to the site;
(b) creating the legal framework conditions to underpin
licensing mechanisms identified and agreed by stake
Digital preservation
holders for the large-scale digitisation and cross-
border accessibility of works that are out-of-commerce;
8. reinforce national strategies for the long-term preservation
of digital material, update action plans implementing the
strategies, and exchange information with each other on
the strategies and action plans;
(c) contributing to and promoting the availability of
databases with rights information, connected at the
European level, such as ARROW;
9. make explicit and clear provision in their legislation so as
to allow multiple copying and migration of digital cultural
Europeana
material by public institutions for preservation purposes, in
full respect of European Union and international legislation
7. contribute to the further development of Europeana by:
on intellectual property rights;
(a) encouraging cultural institutions as well as publishers
10. make the necessary arrangements for the deposit of
and other rightholders to make their digitised material
material created in digital format in order to guarantee its
accessible through Europeana, thus helping the
long-term preservation, and improve the efficiency of
platform to give direct access to 30 million digitised
existing deposit arrangements for material created in
objects by 2015, including two million sound or audio
digital format by:
visual objects;
(b) making all public funding for future digitisation
(a) ensuring that rightholders deliver works to legal deposit
projects conditional on the accessibility of the
libraries without technical protection measures, or that,
digitised material through Europeana;
alternatively, they make available to legal deposit
libraries the means to ensure that the technical
protection measures do not impede the acts that
libraries have to undertake for preservation purposes,
(c) ensuring that all their public domain masterpieces will
in full respect of European Union and international
be accessible through Europeana by 2015;
legislation on intellectual property rights;

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EN
29.10.2011 Official
Journal
of
the
European
Union L
283/43
(b) where relevant, making legal provision to allow the transfer of digital legal deposit works from one
legal deposit library to other deposit libraries that also have the right to these works;
(c) allowing the preservation of web-content by mandated institutions using techniques for collecting
material from the Internet such as web-harvesting, in full respect of European Union and inter
national legislation on intellectual property rights;
11. taking into account developments in other Member States, when establishing or updating policies and
procedures for the deposit of material originally created in digital format, in order to prevent a wide
variation in depositing arrangements;
Follow-up to this Recommendation
12. inform the Commission 24 months from the publication of this Recommendation in the Official Journal
of the European Union, and every 2 years thereafter, of action taken in response to this Recommendation.
Done at Brussels, 27 October 2011.
For the Commission
Neelie KROES
Vice-President

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L 283/44
EN
Official Journal of the European Union
29.10.2011
ANNEX I
PUBLIC-PRIVATE PARTNERSHIPS FOR DIGITISATION
In order to make rapid progress on the digitisation of our cultural heritage, public funding for digitisation needs to be
complemented by private investment. Therefore, the Commission encourages public-private partnerships for the digiti
sation of cultural material.
It calls on the Member States to stimulate such partnerships, which should comply with the following key principles:
1. Respect for intellectual property rights
Public-private partnerships for the digitisation of collections in cultural institutions should fully respect the European
Union and international legislation on intellectual property rights.
2. Non-exclusivity
The agreements for digitising public domain material should be non-exclusive in the sense that any other private partner
should have the possibility to digitise the same material under comparable conditions.
A period of preferential commercial use or preferential commercial exploitation may be necessary in order to give the
private partner the possibility to recoup its investment. This period should be limited in time and as short as possible, in
order to respect the principle that public domain material should stay in the public domain once it is digitised. The period
of preferential use should not be longer than 7 years.
Agreements should be fully compliant with EU competition rules.
3. Transparency of the process
Agreements for the digitisation of collections held by cultural institutions should be awarded after an open competition
between potential private partners.
4. Transparency of agreements
The content of agreements between cultural institutions and private partners for the digitisation of cultural collections
should be made public.
5. Accessibility through Europeana
The conclusion of a public-private partnership should be conditional on the accessibility of the digitised material through
Europeana.
6. Key criteria
Key criteria for assessing proposals for a public-private partnership are the following:
— The total investment to be made by the private partner, taking into account the effort required by the public partner.
— The accessibility of the digitised material for the general public, including through Europeana. Partnerships models
where the end-user has free access to the digitised material should be encouraged over models where the end-user has
to pay for accessing the material.
— Cross-border access. Partnership agreements must result in cross-border access for all.
— The length of any period of preferential commercial use of the digitised material by the private partner. This period
should be as short as possible.
— The envisaged digitisation quality, and the quality of the files that will be given to the cultural institutions. The private
partner should provide cultural institutions with digitised files of the same quality as the ones it uses itself.
— The use that the cultural institutions can make of the digitised material in non-commercial contexts. This use should
be as wide as possible, and not limited by technical or contractual restrictions.
— The time-scale of the digitisation project.

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EN
29.10.2011 Official
Journal
of
the
European
Union L
283/45
ANNEX II
INDICATIVE TARGETS FOR MINIMUM CONTENT CONTRIBUTION TO EUROPEANA PER MEMBER STATE
Number of objects in Europeana per
MS (*)
Indicative Target 2015 (**)
BELGIUM 338
098 759
000
BULGARIA 38
263 267
000
CZECH REPUBLIC 35
490 492
000
DENMARK 67
235 453
000
GERMANY 3
160
416 5
496
000
ESTONIA 68
943 90
000
IRELAND 950
554 1
236
000
GREECE 211
532 618
000
SPAIN 1
647
539 2
676
000
FRANCE 2
745
833 4
308
000
ITALY 1
946
040 3
705
000
CYPRUS 53 45
000
LATVIA 30
576 90
000
LITHUANIA 8
824 129
000
LUXEMBOURG 47
965 66
000
HUNGARY 115
621 417
000
MALTA 56
233 73
000
NETHERLANDS 1
208
713 1
571
000
AUSTRIA 282
039 600
000
POLAND 639
099 1
575
000
PORTUGAL 28
808 528
000
ROMANIA 35
852 789
000
SLOVENIA 244
652 318
000
SLOVAKIA 84
858 243
000
FINLAND 795
810 1
035
000
SWEDEN 1
489
488 1
936
000
UNITED KINGDOM 944
234 3
939
000
(*) October 2011. Further objects are contributed by a number of non-EU countries (in particular Norway and Switzerland), or come
from EU-wide projects and are therefore not attributed to a particular Member State.
(**) The indicative targets per Member State are calculated on the basis of (a) the size of the population and (b) GDP, in line with the
overall target of making 30 million digitised objects available through Europeana by 2015. For Member States which would already
have reached or would be close to reaching the indicative target now, the calculation is based on the current number of objects they
contribute to Europeana plus 30 %. All Member States are invited to look also at the qualitative aspects, taking into account the need
to make all public domain masterpieces available through Europeana by 2015.

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