Orphaned works
Encyclopedia
An orphan work is a copyrighted work for which the copyright owner cannot be contacted. In some cases the name of the creator or copyright owner of an orphan work may be known but other than the name no information can be established. Reasons for a work to be orphan include that the copyright owner is unaware of their ownership or that the copyright owner has died or gone out of business (if a company) and it is not possible to establish to whom ownership of the copyright has passed.
s have been lengthened, and (2) that copyright is automatically conferred without registration or renewal. Currently only a fraction of old copyrighted works is available to the public. Netanel argues that copyright owners have "no incentive to maintain a work in circulation" or otherwise make their out-of-print content available unless they can hope to earn more money doing so than by producing new works or engaging in more lucrative activities.
has created a supplemental licensing scheme that allows licenses for the use of published works to be issued by the Copyright Board of Canada on behalf of unlocatable copyright owners, after a prospective licensor has made "reasonable efforts to locate the owner of the copyright".
As of August 2008, the Board had issued 226 such licenses, and denied 7 applications.
, the civil branch of the European Union
, created a report on Digital Preservation of Orphan Works and Out-of-Print Works.
The European Commission also brought an arbitration against the United States in the World Trade Organization for the US violation of the Berne Convention
with the passing of the Fairness in Music Licensing Act, a much less expansive law than the orphan works legislation currently pending in the Congress. The United States lost the arbitration and is currently paying undisclosed reparations to the WTO.
On June 4, 2008 European representatives of museums, libraries, archives, audiovisual archives and rightsholders signed a Memorandum of Understanding
, an orphan works legislation supported by rightsholders. It will help cultural institutions to digitize books, films and music whose authors are unknown, making them available to the public online.
In April 2009 the Strategic Content Alliance and the Collections Trust published the "In from the Cold" research report. This assessed the scale, scope and impact of orphan works and their effect on the delivery of web services to the public.
Examples
Despite a recognition that a vast number of orphan works exist in the collections of libraries, archives and museums precise figures are not readily available. In April 2009 a study estimated there to be around 25 million orphan works in the collections of public sector organisations in the UK. Examples of orphan works include photographs which do not note the photographer, such as photos from scientific expeditions and historical images, old folk music recordings, little known novels and other literature.Impact
Orphan works are not available for use by filmmakers, archivists, writers, musicians, and broadcasters. Because the copyright owner can not be identified and located, historical and cultural records such as period film footage, photographs, and sound recordings cannot be incorporated in contemporary works. Public libraries, educational institutions and museums, who digitise old manuscripts, books, sound recordings and film, may choose to not digitise orphan works, or make orphan works available to the public, for fear that a re-appearing copyright owner may sue them for damages.Causes
According to Neil Netanel the increase in orphan works is the result of two factors: (1) that copyright termCopyright term
Copyright term is the length of time copyright subsists in a work before it passes into the public domain.- Length of copyright:Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work Copyright term is...
s have been lengthened, and (2) that copyright is automatically conferred without registration or renewal. Currently only a fraction of old copyrighted works is available to the public. Netanel argues that copyright owners have "no incentive to maintain a work in circulation" or otherwise make their out-of-print content available unless they can hope to earn more money doing so than by producing new works or engaging in more lucrative activities.
Canada
CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
has created a supplemental licensing scheme that allows licenses for the use of published works to be issued by the Copyright Board of Canada on behalf of unlocatable copyright owners, after a prospective licensor has made "reasonable efforts to locate the owner of the copyright".
As of August 2008, the Board had issued 226 such licenses, and denied 7 applications.
European Union
The European CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, the civil branch of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, created a report on Digital Preservation of Orphan Works and Out-of-Print Works.
The European Commission also brought an arbitration against the United States in the World Trade Organization for the US violation of the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
with the passing of the Fairness in Music Licensing Act, a much less expansive law than the orphan works legislation currently pending in the Congress. The United States lost the arbitration and is currently paying undisclosed reparations to the WTO.
On June 4, 2008 European representatives of museums, libraries, archives, audiovisual archives and rightsholders signed a Memorandum of Understanding
Memorandum of understanding
A memorandum of understanding is a document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in...
, an orphan works legislation supported by rightsholders. It will help cultural institutions to digitize books, films and music whose authors are unknown, making them available to the public online.
In April 2009 the Strategic Content Alliance and the Collections Trust published the "In from the Cold" research report. This assessed the scale, scope and impact of orphan works and their effect on the delivery of web services to the public.
See also
- AbandonwareAbandonwareAbandonware are discontinued products for which no product support is available, or whose copyright ownership may be unclear for various reasons...
- Orphan filmOrphan filmAn orphan film is a motion picture work that has been abandoned by its owner or copyright holder; also, any film that has suffered neglect.-History:...
- Orphan works in the United StatesOrphan works in the United StatesAn orphan work is a copyright work where it is difficult or impossible to identify or contact the copyright owner.See United States copyright law- Orphan works :...
- Orphaned technologyOrphaned TechnologyOrphaned technology is a descriptive term for computer products, programs, and platforms that have been abandoned by their original developers. Orphaned technology refers to software, such as abandonware and antique software, but also to hardware and practices...
- Public domainPublic domainWorks are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...