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Copyright and "Orphan Works" Issues In The UK

Copyright and "Orphan Works" Issues In The UK

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Published by wmartin46
Copyright and "Orphan Works" Issues--

Organisations across the UK’s public sector are responsible for the management of and provision
of access to a huge range of content in many formats. These are likely to range from works with high commercial value, such as fine art and commercial films with attributable artists and/or rights holders and collecting societies, to works of low commercial value but high academic, cultural and historic worth, such as documentary photographs, letters and sound recordings, where a recognised rights holder is unlikely.
Public sector organisations have a critical role as content brokers to other public sector organisations, to users and to the commercial sector, particularly the creative industries. In their capacity as custodians of this content, they will often straddle the mutually inclusive roles of both rights users and rights holders of this content. As rights users, they will be obliged to seek permission for providing online public access to the vast majority of content still in copyright that they own. The extent of copyright duration in much of this material1, as well as the likelihood that many of these works in copyright are likely to have been created by amateurs, means that a significant proportion of
works owned by public sector bodies include those whereby the rights holder is unknown or cannot be traced, or so-called ‘Orphan Works’.
The huge scale and significant impact of Orphan Works, conservatively estimated to be some 25
million items across public sector organisations, has led to a ‘locking up’ of content with little or
no prospect of these items ever making a meaningful contribution to a knowledge economy without potentially complex and costly ‘due diligence’ processes.
Copyright and "Orphan Works" Issues--

Organisations across the UK’s public sector are responsible for the management of and provision
of access to a huge range of content in many formats. These are likely to range from works with high commercial value, such as fine art and commercial films with attributable artists and/or rights holders and collecting societies, to works of low commercial value but high academic, cultural and historic worth, such as documentary photographs, letters and sound recordings, where a recognised rights holder is unlikely.
Public sector organisations have a critical role as content brokers to other public sector organisations, to users and to the commercial sector, particularly the creative industries. In their capacity as custodians of this content, they will often straddle the mutually inclusive roles of both rights users and rights holders of this content. As rights users, they will be obliged to seek permission for providing online public access to the vast majority of content still in copyright that they own. The extent of copyright duration in much of this material1, as well as the likelihood that many of these works in copyright are likely to have been created by amateurs, means that a significant proportion of
works owned by public sector bodies include those whereby the rights holder is unknown or cannot be traced, or so-called ‘Orphan Works’.
The huge scale and significant impact of Orphan Works, conservatively estimated to be some 25
million items across public sector organisations, has led to a ‘locking up’ of content with little or
no prospect of these items ever making a meaningful contribution to a knowledge economy without potentially complex and costly ‘due diligence’ processes.

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Categories:Types, Research, History
Published by: wmartin46 on Apr 08, 2011
Copyright:Attribution Non-commercial

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04/08/2011

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In rom the Cold
An assessment of the scope of ‘Orphan Works’and its impact on the delivery of services to the public
JISC Content
April 2009
 
JISC, British Library, BBC, National Health Service,Becta, and Museums, Libraries and Archives Councilworking together to fully realise the potential ofe-content for all users. For more information on theStrategic Content Alliance, please visit:
www.jisc.ac.uk/contentalliance
Produced and funded by JISC
In rom the ColdAn assessment o the scope o ‘Orphan Works’ and its impact on the delivery o services to the publicResearch report prepared or:
Strategic Content AllianceCollections Trust
Prepared by:
Naomi Korn, IP Officer, Collections Trust
Based upon research carried out by:
DJS Research
ABL Consulting 
Collections Trust
22 Hills Road,CambridgeCB2 1JPT: +44 (0)1223 316028 E: office@collectionstrust.org.ukW: www.collectionstrust.org.ukThis document is available in alternative formats which can be found at:
www.jisc.ac.uk/contentalliance
 
Contents PAGE
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Contents
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Appendix A: Statistical Calculations, Accuracyand Respondent Proile
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