text:  In the EU, the 2019 Copyright Directive introduced speciﬁc provisions on the "use of out-of-commerce 
  
  17 
  works and other subject matter by cultural heritage institutions" (Articles 8-11 CDSMD). These 
  provisions allow cultural heritage institutions to "make available, for non-commercial purposes, out-of- 
  commerce works or other subject matter permanently in their collections". The limitation to non- 
  commercial purposes means that works made available under these provisions would be of limited use 
  in building a books data commons. 
  
   For one assessment of the diﬃculties of complying with the CC licenses in this context, to the extent 
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  they are applicable, see Lee, K., A. Feder Cooper, & Grimmelmann, J. (2023). Talkin’ ‘Bout AI Generation: 
  Copyright and the Generative AI Supply Chain. Forthcoming,*Journal of the Copyright Society*2024. 
  https://doi.org/10.2139/ssrn.4523551. 