Copyright works: seeking the lost
- Title
- Copyright works: seeking the lost
- Date
- 10 Jan 2014
- Link
- https://www.gov.uk/government/consultations/copyright-uk-orphan-works-licensing-scheme
- PDF Document
- Download document
- Publisher
- Intellectual Property Office
- Category
- Public Consultation
- Subject
- Intellectual Property
- Inactive
- No
- Description
- Orphan works are copyright works (such as books, photographs, films and music) for which one or more of the copyright owners cannot be found. If someone wants to copy a work to use it in a book, an exhibition, on a website or in a documentary, they need to obtain permission from the rights holders (creators, publishers, broadcasters etc). At present, if the work is an orphan then it cannot be reproduced lawfully.
The Government’s orphan works scheme aims to address the issue of reproducing works when rights holders cannot be found. The UK-wide scheme provided under the Enterprise and Regulatory Reform Act 2013, allows for the commercial and non-commercial use of any type of orphan work, by any applicant, once they have undertaken a diligent search for missing rights holders and paid a licence fee.
Alongside the UK scheme, the Government is implementing the complementary EU directive on orphan works (Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works). This will allow publicly accessible archives to digitise certain works and to display them on their websites for access across the EU.
This technical consultation, which closes on 28/2/2014, is seeking views on the legal effectiveness, structure and effect of the draft secondary legislation only.
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