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What are Orphan Works?
What are Orphan Works?
Published: 2011/01/28
Channel: scaw2r
An Introduction to Orphan Works in the UK
An Introduction to Orphan Works in the UK
Published: 2015/09/07
Channel: Intellectual Property Office
The Orphan Works Database
The Orphan Works Database
Published: 2016/03/23
Channel: EUIPO
Pt 2 - Early Days Of The Orphan Work | George Muller
Pt 2 - Early Days Of The Orphan Work | George Muller
Published: 2012/08/11
Channel: AnswersToPrayer
Sweet Orphan Elk Tries To Befriend Firefighters At Work In The Woods
Sweet Orphan Elk Tries To Befriend Firefighters At Work In The Woods
Published: 2016/07/08
Channel: SlideShow ForFun
World News - Chinese orphan, 7, has to work as a delivery boy
World News - Chinese orphan, 7, has to work as a delivery boy
Published: 2018/01/20
Channel: World News
Orphan Work
Orphan Work
Published: 2017/06/24
Channel: Museum Study, LLC
Chinese orphan, 7, has to work as a delivery boy
Chinese orphan, 7, has to work as a delivery boy
Published: 2018/01/18
Channel: arshad ali
Orphan’s Promise at Work In South Africa
Orphan’s Promise at Work In South Africa
Published: 2014/08/25
Channel: 700 Club Interactive
Doing LAST RITES to ORPHAN DEAD BODY is a DIVINE work.
Doing LAST RITES to ORPHAN DEAD BODY is a DIVINE work.
Published: 2017/01/31
Channel: SERVE NEEDY SOCIAL SERVICE ORGANIZATION
"It
"It's a hard knock life" ORIGINAL Annie 1982
Published: 2011/11/19
Channel: GiGgLeBeArSoApBoX
akg-images : A Day in the Life of an Orphan Work
akg-images : A Day in the Life of an Orphan Work
Published: 2014/03/03
Channel: akg images
UK Copyright Law: Libraries, Archives and Orphan Works (4 of 5)
UK Copyright Law: Libraries, Archives and Orphan Works (4 of 5)
Published: 2012/07/19
Channel: CIPPM
Flashback: Orphan works
Flashback: Orphan works
Published: 2012/11/13
Channel: EuroparlTV EN
Orphan Works 5: The Types of Users & Uses Subject to Any Orphan Works Legislation
Orphan Works 5: The Types of Users & Uses Subject to Any Orphan Works Legislation
Published: 2014/07/31
Channel: LibraryOfCongress
Photographer Help on Orphan Works Problem
Photographer Help on Orphan Works Problem
Published: 2009/05/10
Channel: TheCopyrightRegistry
House Judiciary Committee - Orphan Works Testimony by PLUS CEO
House Judiciary Committee - Orphan Works Testimony by PLUS CEO
Published: 2014/04/04
Channel: John Harrington
Orphan Works II (from 2007)
Orphan Works II (from 2007)
Published: 2012/05/27
Channel: lessig
Re: CORPORATE THEFT - THE ORPHAN WORKS BILL
Re: CORPORATE THEFT - THE ORPHAN WORKS BILL
Published: 2008/04/30
Channel: acroduster
Orphan Works 1: The Need for Legislation in Light of Recent Legal & Technological Developments
Orphan Works 1: The Need for Legislation in Light of Recent Legal & Technological Developments
Published: 2014/07/31
Channel: LibraryOfCongress
A challenging orphan (horse) few could handle with care
A challenging orphan (horse) few could handle with care
Published: 2016/11/23
Channel: ReachOutToHorses
Orphan Works 3: The Role of Private & Public Registries
Orphan Works 3: The Role of Private & Public Registries
Published: 2014/07/31
Channel: LibraryOfCongress
Entertainment Law Asked and Answered - Orphan Works
Entertainment Law Asked and Answered - Orphan Works
Published: 2011/07/29
Channel: Gordon Firemark
The Bitcoin and Blockchain Technology Explained
The Bitcoin and Blockchain Technology Explained
Published: 2015/06/23
Channel: Rodrigo Henrik
FSU Libraries: Know Your Copyrights 4 (First Sale, eBook, Orphan Works, & Risk)
FSU Libraries: Know Your Copyrights 4 (First Sale, eBook, Orphan Works, & Risk)
Published: 2017/07/24
Channel: FSU Libraries
When Creativity Knocks - Orphan Works Legislation
When Creativity Knocks - Orphan Works Legislation
Published: 2008/07/23
Channel: When Creativity Knocks
Orphan leaves work in the red light district, finds hope and Christ
Orphan leaves work in the red light district, finds hope and Christ
Published: 2014/02/28
Channel: IMB
Michael Donaldson Presents Orphan Works Case to Congress
Michael Donaldson Presents Orphan Works Case to Congress
Published: 2014/04/22
Channel: International Documentary Association
The Origins of the Orphan Train Movement & the Children’s Aid Society
The Origins of the Orphan Train Movement & the Children’s Aid Society
Published: 2015/11/23
Channel: IowaPublicTelevision
Orphan Works: Treasure in the Rubbish
Orphan Works: Treasure in the Rubbish
Published: 2011/01/27
Channel: scaw2r
Mass Digitization & Orphan Works
Mass Digitization & Orphan Works
Published: 2017/11/05
Channel: Jason Kline
Orphan Works in a Medical Context
Orphan Works in a Medical Context
Published: 2011/01/27
Channel: scaw2r
ORPHAN FUNDRAISE PROJECT KOYO TOWN WORK BOOK 2018
ORPHAN FUNDRAISE PROJECT KOYO TOWN WORK BOOK 2018
Published: 2017/12/10
Channel: Orphan Fundraise
Midtown Fellowship working with MDI/Radooga
Midtown Fellowship working with MDI/Radooga's Orphan Camp Project
Published: 2010/08/18
Channel: MDIweb
Orphan Works 4: Types of Works Subject to Any Orphan Works Legislation
Orphan Works 4: Types of Works Subject to Any Orphan Works Legislation
Published: 2014/07/31
Channel: LibraryOfCongress
Orphan trailer "class work"
Orphan trailer "class work"
Published: 2012/12/04
Channel: Lindsey Popowich
SOS Children
SOS Children's Villages Works for Orphan Children
Published: 2007/05/11
Channel: Jen Tabbal
NEW Roblox Exploit: Orphan Beta | Script Executor | Level 6 | Works in 32 bit & Windows 7
NEW Roblox Exploit: Orphan Beta | Script Executor | Level 6 | Works in 32 bit & Windows 7
Published: 2017/12/29
Channel: Arpon Adventure Gamer
ORPHAN FUNDRAISE PROJECT ROKON WORK BOOK 2018
ORPHAN FUNDRAISE PROJECT ROKON WORK BOOK 2018
Published: 2017/12/10
Channel: Orphan Fundraise
Right to Work March (1972) | BFI National Archive
Right to Work March (1972) | BFI National Archive
Published: 2017/12/19
Channel: BFI
Blacklight Orphan score work
Blacklight Orphan score work
Published: 2014/11/09
Channel: Deedle Switch
Orphan works
Orphan works
Published: 2009/12/20
Channel: carrie donovan
Hair and Makeup Helps Tatiana Maslany Keep Her Orphan Black Clones Straight
Hair and Makeup Helps Tatiana Maslany Keep Her Orphan Black Clones Straight
Published: 2015/08/22
Channel: The Tonight Show Starring Jimmy Fallon
Exploitation of orphan works - Japanese compulsory license system -
Exploitation of orphan works - Japanese compulsory license system -
Published: 2013/07/29
Channel: LRWL1
Orphan Black - 5x08 - Soundtrack - Charlotte Day Wilson - Work
Orphan Black - 5x08 - Soundtrack - Charlotte Day Wilson - Work
Published: 2017/07/30
Channel: TV Series & Movie Soundtrack 6
Cute baby Benjamin the orphan pygmy goat in Yorkshire England
Cute baby Benjamin the orphan pygmy goat in Yorkshire England
Published: 2014/12/06
Channel: Pot House Hamlet
OFA - Basics & principles for educational work with parentless and orphan children
OFA - Basics & principles for educational work with parentless and orphan children
Published: 2014/08/27
Channel: ofaegypt
Volunteer Work at Bhaktapur Earthquake camp orphan
Volunteer Work at Bhaktapur Earthquake camp orphan
Published: 2016/02/14
Channel: Roshan Suwal
Met
Met'llerr! & The Frustums - Orphan Works
Published: 2010/09/10
Channel: Metllerr
The Orphan Works Bill Petition
The Orphan Works Bill Petition
Published: 2008/09/10
Channel: rockbandmicrosoft
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WIKIPEDIA ARTICLE

From Wikipedia, the free encyclopedia
  (Redirected from Orphan works)
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An orphan work is a copyright protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found.[1] A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable.[2] In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work.

Extent[edit]

Precise figures of orphan works are not readily available, even though libraries, archives and museums hold a vast number of them. In April 2009, a study estimated that the collections of public sector organisations in the UK hold about 25 million orphan works.[2] Examples of orphan works include photographs that do not note the photographer, such as photos from scientific expeditions and historical images, old folk music recordings, little known novels and other literature.[1] Software which became an orphaned work is usually known as abandonware. The Computerspielemuseum Berlin estimates that around 50% of their video game collection consists of at least partial orphans.[3] Source code escrow can prevent software orphaning but is seldom applied.

Impact[edit]

In countries whose laws do not specifically allow for the use of orphan works, orphan works are not available for legal use by filmmakers, archivists, writers, musicians, and broadcasters. Because rightsholders cannot be identified and located in order to obtain permission, historical and cultural records such as period film footage, photographs, and sound recordings cannot be legally incorporated in contemporary works in such countries (unless the incorporation qualifies as fair use).[4] 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,[4] for fear that a re-appearing rightsholder may sue them for damages.[1]

Causes[edit]

According to Neil Netanel the increase in orphan works is the result of two factors: (1) that copyright terms have been lengthened, and (2) that copyright is automatically conferred without registration or renewal.[4] Currently only a fraction of old copyrighted works is available to the public. Netanel argues that rightsholders 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.[4]

Specifics by country[edit]

Canada[edit]

Canada has created a supplemental licensing scheme, under Section 77 of its Copyright Act, that allows licenses for the use of published works to be issued by the Copyright Board of Canada on behalf of unlocatable rightsholders, after a prospective licensor has made "reasonable efforts to locate [holders of] copyright".[5] As of August 2008, the Board had issued 226 such licenses,[6] and denied 7 applications.[7]

European Union[edit]

The European Commission, the civil branch of the European Union, created a report on Digital Preservation of Orphan Works and Out-of-Print Works in 2007.[8] In 1998 with the passing of the Fairness in Music Licensing Act in the United States the European Commission brought an arbitration against the United States in the World Trade Organization for violation of the Berne Convention. The WTO sided with the EC in 2000,[9] and the US and EC announced a temporary settlement arrangement on June 23, 2003, with the Fairness in Music Licensing Act remaining in effect[10] and the US paying to a fund established in the EU for the benefit of rights-holders.[11] As of May 7, 2010, the US continues to file required status reports, with the WTO stating that they still working on a resolution with all parties.[12]

On June 4, 2008 European representatives of museums, libraries, archives, audiovisual archives and rightsholders signed a Memorandum of Understanding,[13] 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.[8] In 2009 the Strategic Content Alliance and the Collections Trust published a report[2] on the scope and impact of orphan works and their effect on the delivery of web services to the public.

In October 2012 the European Union adopted Directive 2012/28/EU on Orphan Works.[14] The directive applies to orphan works that were created in the EU as printed works (books, journals, magazines and newspapers), cinematographic and audio-visual works, phonograms and works embedded or incorporated in other works or phonograms (e.g. pictures in a book). Under certain conditions, the directive can also apply to unpublished works (such as letters or manuscripts).[15] Whether orphaned software and video games ("Abandonware") fall under the audiovisual works definition is a matter debated by scholars.[16]

United Kingdom[edit]

On the 29th October 2014 the Intellectual Property Office launched an online licensing scheme for orphan works.[17][18]

United States[edit]

Other nations[edit]

Hungary,[19] India,[20] Japan,[21] Saudi Arabia,[22] and South Korea[23] have established state licensing options for orphan works.

See also[edit]

References[edit]

  1. ^ a b c Borgman, Christine L. (2007). Scholarship in the digital age: information, infrastructure, and the internet. MIT Press. p. 108. ISBN 978-0-262-02619-2. 
  2. ^ a b c In from the Cold: An assessment of the scope of 'Orphan Works' and its impact on the delivery of services to the public (PDF). JISC Collections Trust. April 2009. p. 9. 
  3. ^ Maier, Henrike (2015). "Games as Cultural Heritage Copyright Challenges for Preserving (Orphan) Video Games in the EU" (PDF). JIPITEC. Humboldt Universität zu Berlin. p. 127. Retrieved 2016-01-18. The Computerspielemuseum in Berlin estimates that around 50 % of their collection consists of at least partial orphans. 
  4. ^ a b c d Netanel, Neil (2008). Copyright’s paradox. Oxford University Press US. p. 200. ISBN 978-0-19-513762-0. 
  5. ^ "Copyright Act, R.S., c 77". Copyright Board of Canada. 2005. Retrieved 2010-02-17. 
  6. ^ "Unlocatable Copyright Owners Licenses Issued". Copyright Board of Canada. 2008. Retrieved 2009-07-20. 
  7. ^ "Unlocatable Copyright Owners Applications Denied". Copyright Board of Canada. 2009. Retrieved 2009-07-20. 
  8. ^ a b "Report on Digital Preservation, Orphan Works and Out-of-Print Works, Selected Implementation Issues". European Commission. 2007-04-18. Retrieved 2007-06-09. 
  9. ^ http://www.wto.org/english/tratop_e/dispu_e/1234da.pdf
  10. ^ http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds160_e.htm
  11. ^ Landau, Michael (Summer 2007). "Fitting United States Copyright Law into the International Scheme: Foreign and Domestic Challenges to Recent Legislation". Georgia State University Law Review. Georgia State University. 23: 847–892, at 887. (23 Ga. St. U.L. Rev. 847, 887). 
  12. ^ "WT/DS160/24/Add.65". May 7, 2010. Retrieved May 25, 2010. 
  13. ^ "Digital Libraries Initiative - High Level Expert Group (HLEG) | Europa - Information Society". Ec.europa.eu. Retrieved 2013-04-20. 
  14. ^ "Directive 2012/28/EU". Ec.europa.eu. Retrieved 2013-04-20. 
  15. ^ "Memo - Orphan works - FAQ". europa.eu. European Commission. Retrieved 27 May 2014. 
  16. ^ Maier, Henrike (2015). "Games as Cultural Heritage Copyright Challenges for Preserving (Orphan) Video Games in the EU" (PDF). JIPITEC. Humboldt Universität zu Berlin. p. 120. Retrieved 2016-01-18. 
  17. ^ "Apply for a licence to use an orphan work". www.gov.uk. IPO UK Government. Retrieved 29 October 2014. 
  18. ^ "Millions of unseen 'orphan' artworks to be put on show" by Adam Sherwi], The Independent, 29 October 2014
  19. ^ 1999. évi LXXVI törvény a szerzői jogról (Act LXXVI of 1999 on Copyright), §§ 41/A-41/K (Hung.).
  20. ^ Art. 31a, Indian Copyright Act.
  21. ^ Art. 67, Japanese Copyright Act.
  22. ^ Art. 16, Copyright Act of Saudi Arabia.
  23. ^ South Korean Copyright Act, Art. 47.

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