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The Orphan Works Database
The Orphan Works Database
Published: 2016/03/23
Channel: EUIPO
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
ORPHAN WORKS, Sneaky Pete
ORPHAN WORKS, Sneaky Pete's, Edinburgh, July 2016, 'READER'S SPINE'
Published: 2016/08/01
Channel: TheFudlip
An Introduction to Orphan Works in the UK
An Introduction to Orphan Works in the UK
Published: 2015/09/07
Channel: Intellectual Property Office
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
Orphan Works 10: Audience Participation
Orphan Works 10: Audience Participation
Published: 2014/10/22
Channel: LibraryOfCongress
Orphan Works 6: Remedies & Procedures Regarding Orphan Works
Orphan Works 6: Remedies & Procedures Regarding Orphan Works
Published: 2014/10/22
Channel: LibraryOfCongress
What are Orphan Works?
What are Orphan Works?
Published: 2011/01/28
Channel: scaw2r
Orphan Works 2: Defining a Good-Faith "Reasonably Diligent Search" Standard
Orphan Works 2: Defining a Good-Faith "Reasonably Diligent Search" Standard
Published: 2014/07/31
Channel: LibraryOfCongress
Orphan works
Orphan works
Published: 2009/12/20
Channel: carrie donovan
Entertainment Law Asked and Answered - Orphan Works
Entertainment Law Asked and Answered - Orphan Works
Published: 2011/07/29
Channel: Gordon Firemark
Photographer Help on Orphan Works Problem
Photographer Help on Orphan Works Problem
Published: 2009/05/10
Channel: TheCopyrightRegistry
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
Orphan Works in a Medical Context
Orphan Works in a Medical Context
Published: 2011/01/27
Channel: scaw2r
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
Can Google and the British Library save orphaned books?
Can Google and the British Library save orphaned books?
Published: 2011/09/24
Channel: Channel 4 News
Orphan Works - A Polish Perspective
Orphan Works - A Polish Perspective
Published: 2008/08/27
Channel: themileproject
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
CORPORATE THEFT - THE ORPHAN WORKS BILL
CORPORATE THEFT - THE ORPHAN WORKS BILL
Published: 2008/04/25
Channel: therealweeklynews
Orphan Works 8: Extended Collective Licensing & Mass Digitization
Orphan Works 8: Extended Collective Licensing & Mass Digitization
Published: 2014/10/22
Channel: LibraryOfCongress
Re: CORPORATE THEFT - THE ORPHAN WORKS BILL
Re: CORPORATE THEFT - THE ORPHAN WORKS BILL
Published: 2008/04/30
Channel: acroduster
Permitted uses of orphan works
Permitted uses of orphan works
Published: 2013/09/14
Channel: Luigi Berlinguer
Orphan Works 9: Structure & Mechanics of Possible Extended Collective U.S. Licensing System
Orphan Works 9: Structure & Mechanics of Possible Extended Collective U.S. Licensing System
Published: 2014/10/22
Channel: LibraryOfCongress
Flashback: Orphan works
Flashback: Orphan works
Published: 2012/11/13
Channel: EuroparlTV EN
Rick Prelinger explains why he likes the new Orphan Works Act
Rick Prelinger explains why he likes the new Orphan Works Act
Published: 2012/05/18
Channel: Joe Devlin
Orphan Works: Treasure in the Rubbish
Orphan Works: Treasure in the Rubbish
Published: 2011/01/27
Channel: scaw2r
Orphan Works 3: The Role of Private & Public Registries
Orphan Works 3: The Role of Private & Public Registries
Published: 2014/07/31
Channel: LibraryOfCongress
Peter Hirtle on silos, the Hathi Trust, and orphan works
Peter Hirtle on silos, the Hathi Trust, and orphan works
Published: 2011/07/31
Channel: hereandthere123
The current Orphan Works Bills in Congress
The current Orphan Works Bills in Congress
Published: 2008/08/26
Channel: themileproject
William Fisher, Copyright Spring 2013: Special Event 6, Orphan Works and Digital Libraries
William Fisher, Copyright Spring 2013: Special Event 6, Orphan Works and Digital Libraries
Published: 2013/04/26
Channel: The Berkman Klein Center for Internet & Society
Implementing Orphan Works Legislation at the Digital Repository of Ireland
Implementing Orphan Works Legislation at the Digital Repository of Ireland
Published: 2016/07/12
Channel: Open Repositores
Orphan Works II (from 2007)
Orphan Works II (from 2007)
Published: 2012/05/27
Channel: lessig
Exploitation of orphan works - Japanese compulsory license system -
Exploitation of orphan works - Japanese compulsory license system -
Published: 2013/07/29
Channel: LRWL1
The Copyright Killings (Orphan Works/Embedded Metadata)
The Copyright Killings (Orphan Works/Embedded Metadata)
Published: 2013/05/09
Channel: Picturepark Digital Asset Management
The Orphan Works Bill Petition
The Orphan Works Bill Petition
Published: 2008/09/10
Channel: rockbandmicrosoft
Everything You Know About Copyright Is About To Change - Brad Holland
Everything You Know About Copyright Is About To Change - Brad Holland
Published: 2015/07/17
Channel: Will Terry
Orphaned Works Act?  Oh GOD, no ....
Orphaned Works Act? Oh GOD, no ....
Published: 2008/09/03
Channel: TolstoyKafkaEvsky
Orphan Work
Orphan Work
Published: 2017/06/24
Channel: Museum Study, LLC
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
Stock Photo Agency Help on Orphan Works Issues
Stock Photo Agency Help on Orphan Works Issues
Published: 2009/05/11
Channel: TheCopyrightRegistry
Michael Donaldson Presents Orphan Works Case to Congress
Michael Donaldson Presents Orphan Works Case to Congress
Published: 2014/04/22
Channel: International Documentary Association
Orphan Works 7: Mass Digitization, Generally
Orphan Works 7: Mass Digitization, Generally
Published: 2014/10/22
Channel: LibraryOfCongress
#128 The Orphan Works Bill
#128 The Orphan Works Bill
Published: 2017/05/25
Channel: Deconstructing Comics
Copyright & Commerce: Orphan Works & Fair Use in a Digital Age - Maria Pallante
Copyright & Commerce: Orphan Works & Fair Use in a Digital Age - Maria Pallante
Published: 2011/12/15
Channel: Copyright Clearance Center
Met
Met'llerr! & The Frustums - Orphan Works
Published: 2010/09/10
Channel: Metllerr
Cecilia Wikström on Permitted uses of orphan works
Cecilia Wikström on Permitted uses of orphan works
Published: 2012/09/13
Channel: ALDE ADLE
Copyright & Commerce: Orphan Works & Fair Use in a Digital Age - Cecilia Kang
Copyright & Commerce: Orphan Works & Fair Use in a Digital Age - Cecilia Kang
Published: 2011/12/15
Channel: Copyright Clearance Center
Opening Up Orphan Works, ARL Membership Meeting, Oct. 2011
Opening Up Orphan Works, ARL Membership Meeting, Oct. 2011
Published: 2012/08/20
Channel: Association of Research Libraries
Róża Thun o Orphan Works
Róża Thun o Orphan Works
Published: 2010/11/24
Channel: Róża Thun
how orphansave works
how orphansave works
Published: 2015/06/30
Channel: Orphan Save
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WIKIPEDIA ARTICLE

From Wikipedia, the free encyclopedia
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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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