The Issue of ‘Orphan’ Works in Digital Libraries

Abstract

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.

The Issue of ‘Orphan' Works in Digital Libraries, Especially as Treated by the Directive 2012/28

“…All of them though aim at the same target: ameliorating the 'orphan' works problem. Extended collective licenses, establishing a new copyright exception or limited liability, creating centrally granted licences or a judicially granted clearance model are some of them (see analytically in Papadopoulou, 2011). There also some proposals that establish copyright formalities, such as registration and renewal (Hennig, 2008, p. 20;Khong, 2007, p. 35), but those ones would require major changes to the Berne Convention.…”