Copyright protected work for which the rights holder(s) is/are
positively indeterminate and cannot be contacted, is said to be an Orphan Work. Even when the author is known, but there is lack of sufficient details to contact him or her, the work
falls into this domain. A copyright holder’s sudden demise might also lead to
the work slipping into the category of Orphan
Works, when the inheritance cannot be established.
The fact that the owner of the copyrighted work cannot be
reached makes it very difficult to obtain his permission for the use of the
work, mere digitization becomes impossible. The use can only be warranted by
Fair Use Exceptions.
The respective Governments have taken steps towards
extending the accessibility of these works to the general public for these
works to maintain their successful circulation and some have also taken steps
to guarantee the payment of royalties for use of such works.
The latest news in this regard, is the UK IPO’s licensing
scheme for Orphan Works. The IPO
intends to maintain a register of works which can be licensed out to Applicants
upon payment of royalties. The register will also enable the authors to check
if any of their works have been labeled as Orphan
Works under the system. The IPO also retains the power to deny the Applicants
licenses where the proposed use is deemed to be inappropriate, or on any other
reasonable ground.
The EU rules, in place, have already allowed the libraries,
museums and universities, among other institutions, to digitize “Orphaned Works” from their respective
collections, only after a diligent search has been carried out for determining
the owners of the works. It is only time which shall determine the success of
the scheme which the UK IPO has intended to move ahead with, and similar
frameworks being adopted by other IP regimes across the globe.
- Bagmisikha Puhan
- Bagmisikha Puhan
