A new category of works creates a number of problems in the world of digital libraries, and not only, and that is, the ‘orphan’ works. Those works of an unknown -or untraceable- author create an uncertainty to the perspective users, who, although they need to use the works and they are willing to obtain a license, they are unable to do so, since they do not know from where to ask it. This chapter will analyze the ‘orphan’ works issue of the digital libraries’ perspective. It will explore not only the controversial term of ‘orphan’ works, but most importantly the controversial situation that the ‘orphan’ works has created. Part one will explain the notion of ‘orphan’ works. Part two will explore why, how and when they entered into the modern copyright world. Part three will look through the problems that originate from ‘orphan’ works: economic, cultural, technical problems and the multi-territorial issue. Next, after analyzing the relevant legal framework for ‘orphan’ works in relation to digital libraries in part four, part five will look into the legal solutions that exist or are proposed to confront this problem. Finally, in the last part (part six) it will be analyzed how the ‘orphan’ works are treated at the European level.
Directive 2019/790/EU (DSM Directive) aims to adapt and supplement the Union copyright framework in order to address the needs and challenges that are constantly arising in the digital environment. Given the importance of text and data mining (TDM) techniques not only with respect to the digital economy but also with regard to their benefits for the research and innovation, DSM Directive introduced the exception of TDM. Academic libraries are among the beneficiaries of the mandatory TDM exception for the purposes of scientific research. This paper analyses in detail the legal infrastructure of TDM exception as provided in Article 3 of the DSM Directive, elucidating at the same time the different notions included therein and addressing certain challenges regarding its application. Further, this paper aims at shedding light on the impact of the TDM exception on libraries and the benefit pursued by them, while in the last part the outcome and results reached through questionnaires and interviews in the framework of the research project "The exception of text and data mining in copyright law regarding Academic Libraries" realized in Greece are described and analyzed thoroughly. In view of the above, concrete recommendations and conclusions are provided with respect to the new TDM exception.
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