"However, the substantial progress made with Europeana also brings to the surface the challenges and problems linked to the digitisation process. At the moment, Europeana includes mainly digitised books which are in the public domain and are thus no longer protected by copyright law (which extends to 70 years after the death of the author).
For the moment, Europeana includes, for legal reasons, neither out-of print works (some 90% of the books in Europe's national libraries), nor orphan works (estimated at 10 – 20% of in-copyright collections) which are still in copyright but where the author cannot be identified.
Europeana also shows that licensing of copyright-protected material in Europe still takes place under a very fragmented legal framework. Earlier this year a French aggregator had to withdraw photographs from Europeana, since it only had the right to disseminate the material on French territory".
A public consultation on these very controversial topics has been launched.