Out-of-Commerce Works at the National Library of Luxembourg

1. About the Out-of-Commerce License Agreement

1.1 Overview

The National Library of Luxembourg (BnL) and luxorr (Luxembourg Organization For Reproduction Rights) have signed a license agreement on 26 November 2024 enabling the online publication of “out-of-commerce works”. This initiative aims to preserve and share Luxembourg’s cultural heritage while ensuring fair compensation for rights holders.

1.2 What are Out-of-Commerce Works?

Out-of-commerce works are those no longer available through usual commercial channels, regardless of format. This includes works never commercially exploited, such as publications by public institutions and associations.

1.3 How the License Works

The BnL identifies potentially out-of-commerce works in its digitisation projects. These works are then listed on the EUIPO Out-of-Commerce Portal for a 6-month waiting period. During this time, rights holders can review the list and opt out if they wish. After the six months have elapsed, the works will be made accessible online through the eluxemburgensia.lu portal. Rights holders can opt out at any time, even after the initial 6 month waiting period has passed.

1.4 Legal Framework 

This initiative operates under: 

2. For Users

2.1 Access to Access Out-of-commerce Works

You can find the National library’s digitised collections on the eluxemburgensia.lu portal or through the a-z.lu catalogue.

Access to the out-of-commerce works depends on the user’s location. Online, the user can browse and read them on eluxemburgensia.lu, though downloads are not available. In the BnL reading room, the user has the same access but can also download works (unless restrictions have been applied by rights holders).

This dual approach ensures both broad access and respect for copyright holders’ rights.

3. For Rights Holders

3.1 Understanding Your Rights

As a rights holder, you maintain control over how your work is accessed remotely and online. You can participate in this initiative and potentially receive compensation, or opt out at any time. However, your work may still be available on library premises. You also have the option to allow access in the reading room while restricting downloads.

3.2 Why You Might Choose to Opt out

You might opt out if

  • you wish to make your work commercially available again,
  • your work is still commercially available (regardless of format) and was included by error,
  • you prefer not to participate.

You do not need to provide any justification or reasons for opting out, but proof of rights holder status may be required.

3.3 Understanding Timing and Compensation

  • Opt-out during the initial 6-month waiting period: If you opt out, no compensation is provided as the works haven’t been made available online yet. Your work will be made accessible only on BnL premises, with download available unless you choose to disable this option.
  • Opt-out after the 6-month period: You can still opt out at any time and be eligible for compensation. Your work will be removed from online access within one month of your request and remain accessible only on BnL premises, with download available unless you choose to disable this option.

3.4 Why You Might Choose to Confirm the Out-of-commerce Status

At any time, you may choose to confirm the out-of-commerce status of works included under the licence. In this case, we may require proof of your rights holder status. Your confirmation is eligible for compensation regardless of timing. Even if you confirm the out-of-commerce status, you remain free to opt-out at any later moment. However, compensation is a one-time payment per work.

3.5 Compensation Structure

For works that were previously commercially available, a one-time compensation applies, with the amount depending on the publication year, specifically whether the work was published before or after 1981.

To receive compensation, you must:

  • Have your work listed on the EUIPO portal,
  • provide proof of your rights holder status (when requested),
  • be or become a member of luxorr,
  • and either confirm the out-of-commerce status, or opt out after the 6-month period.

For works that were never commercially available, there is no compensation.

3.6 How to Opt out

We recommend you opt out using the EUIPO Portal. The portal provides tracking and an automated system for fast processing. Information from EUIPO about the options for opting-out (generic vs specific): https://euipo.europa.eu/out-of-commerce/#/ooc/rightsholders

In order to opt-out a specific work, you must first identify the work. The starting point is the list of works, available in Excel or PDF format, see in this document under the heading “Lists of works”.

These lists contains a column called “Permalink vers a-z.lu” (which all start with https://persist.lu/ark: ...). This Permalink can be found on the EUIPO portal to launch an opt-out request and also points to the BnL's catalogue for additional information. If you have found the Permalink, go to the EUIPO Portal: https://euipo.europa.eu/out-of-commerce and click on “Advanced search”. Then click on “Configure search fields”, and tick “Permalink” in the drop-down menu that opens. You can now copy and paste the Permalink into the search box. Once you have found the work, use the blue “Request opt-out” button to launch the opt-out procedure.

You may also contact luxorr directly. You must clearly identify your work:

  • Use the list of works and provide: Author, title, and “Permalink to a-z.lu

3.7 Lists of Works

You can review the complete list of potential out-of-commerce works in these file formats:

4. Contact Information

luxorr
Address: 5, Allée John W. Léonard, L-7526 Mersch
Email: contact@luxorr.lu  
Website: www.luxorr.lu

Bibliothèque nationale du Luxembourg (BnL)
Address: 37D, avenue John F. Kennedy, L-1855 Luxembourg
Email: licensing@bnl.etat.lu
Website: www.bnl.lu

5. Future Evolution

The BnL and luxorr plan to add new works to their out-of-commerce works licence yearly. A new list will be published and after a new 6-month waiting period the licence will take effect.