Myth – anyone can use my photos without my permissionFact –
Anyone wishing to use a work as an orphan must first undertake a diligentsearch for the rights-holder which is then verified with permission to use the workgranted by the Government appointed independent authorising body. If the work isnot genuinely orphan then the rights-holder should be found, if the search is notproperly diligent, no licence will be issued.
Myth – the Act is the Instagram ActFact –
Given the steps that must be taken before an orphan work can be copied,such as the diligent search, verification of the search and payment of a going ratefee, it is unlikely that the scheme will be attractive in circumstances where asubstitute photograph is available. The rate payable for an orphan work will notundercut non-orphans.
Myth – a company can take my work and then sub-license it without myknowledge, approval or any paymentFact –
The licences to use an orphan work will not allow sub-licensing.
Myth - the stripping of metadata creates an orphan workFact –
the absence or removal of metadata does not in itself make a work “orphan”or allow its use under the orphan works scheme
Myth – I will have to register my photos to claim copyrightFact
– Copyright will continue to be automatic and there is no need to register awork in order for it to enjoy copyright protection.
Myth – the UK is doing something radical and unprecedented with the OrphanWorks powersFact
- Other jurisdictions already allow the use of orphan works. The UK powers arelargely based on what happens in Canada – which has been licensing orphan workssince 1990.