![]() ![]() It's a combination of Idiocracy and the destruction of the Ancient Library at Alexandria. Let's hope the European Commission is beginning to understand this. And against their non-existent downside, the upside is just immense. Demanding "due diligence" just misses the point completely.Īt least this proves that publishers simply have no credible arguments against introducing an "exception" to use orphan works, for example in digitisation projects. The utter cluelessness and fatuity of the publishers' response is breath-taking: the problem is that the rights-holders *cannot be found* - that's why they're called "orphans". For them, the crucial issue is to ensure that a good faith due diligence search to identify and locate the right holders is carried out, using existing databases. They are sceptical about introducing a blanket exception to use orphan works. It is also stressed that obstacles to intra-Community trade in orphan works may emerge if each Member State were to adopt its own set of rules to deal with the problem.įor publishers, collecting societies and other right holders, orphan works are a rights-clearance issue. Since non-legislative initiatives neither provide sufficient legal certainty nor solve the fact that using orphan works constitutes a copyright infringement, they advocate a legislative approach at the European level to allow different uses of orphan works. Libraries, universities, archives, some commercial users and several Member States claim that the problem of existing instruments, such as the Commission Recommendation 2006/585/EC 7 or the 2008 Memorandum of Understanding on Orphan Works and the related diligent search guidelines, is that these are not legally binding acts and that the issue of mass digitisation has not been addressed. There is also a risk that a significant proportion of orphan works cannot be incorporated into mass-scale digitisation and heritage preservation efforts such as Europeana or similar projects. a photograph cannot be used to illustrate an article in the press, a book cannot be digitised or a film restored for public viewing. ![]() This leads to a situation where millions of works cannot be copied or otherwise used e.g. In the case of orphan works, granting such authorisation is not possible. A work can only be exploited only after obtaining prior permission from the right holders. Protected works can become orphaned if data on the author and/or other relevant right holders (such as publishers, photographers or film producers) is missing or outdated. Orphan works are works that are in copyright but whose right holders cannot be identified or located. ![]() This is droll: the European Commission is finally waking up to the copyright orphans problem - thanks to some healthy panic induced by Google's book digitisation plans : ![]()
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