Orphaned works
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Orphaned works are, broadly speaking, any copyrighted works where the rights holder is hard to find. Because the cost of finding the owner is so high, creators cannot build on orphan works, even when they would be willing to pay to use them. In many cases the works were abandoned because they no longer produced any income. In most cases, rights holders, once found, are delighted to have their work used with minimal compensation.
Some countries have considered a compulsory license scheme for orphaned works; Canada has enacted one. Some believe that such a scheme, even when applied to foreign works, would pass the Berne three-step test because it is limited to those works that are no longer actively exploited.
In February 2006, the United States Copyright Office released a report on orphaned works, concluding:
- "The orphan works problem is real.
- The orphan works problem is elusive to quantify and describe comprehensively.
- Some orphan works situations may be addressed by existing copyright law, but many are not.
- Legislation is necessary to provide a meaningful solution to the orphan works problem as we know it today." [link] (PDF format)
See also
External links
- [Cites & Insights]
- [Report on Orphan Works] by the United States Copyright Office (PDF format)
- [American Society of Media Photographers: Urgent Call for Your Action on Orphan Works]
- [Illustrators' Partnership of America: Orphan Works Resource Page for Artists]
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