Young Writers Society

Just over a year ago, I wrote about a new French law that, under the guise of dealing with the pressing issue of orphan works, implements a truly massive rights transfer.

The law empowers the Bibliothèque Nationale de France to create an online database of works published in France before 2001 that are currently out of print (this includes not just works by French writers, but foreign works translated into French). Once a work has been listed in the database for more than six months, the right to digitize it transfers to a collective management organization, which thereafter has near-unlimited power to exploit that right--including granting it to publishers without the author's permission. The collective management organization will also be responsible for distributing (an unspecified portion of) the proceeds from such grants to rightsholders.

There's a six-month waiting period between a book's appearance in the database and the transfer of rights to the collective management organization. To be removed from the database, rightsholders--who are not currently being notified if their works are included--must opt out in writing before the six-month waiting period expires. If they miss that deadline, they lose control of the digital display and sale of their work, and can only demand removal by proving that that they are the sole holder of digital rights.