The UK's Intellectual Property Office has opened a consultation into orphan works -- works that are still in copyright but whose copyright holder can't be ascertained or located. The US Supreme Court case Eldred v Ashcroft heard that 98 percent of the works in copyright are orphans, and this problem will only get worse as the duration of copyright keeps on getting extended.
Parliament enacted the Enterprise and Regulatory Reform Act 2013, which set out a plan for letting people buy and use orphan works with an escrow fund for absentee rightsholders. Now, the IPO is seeking opinions on how that system should run.
The Government's orphan works scheme aims to address the issue of reproducing works when rights holders cannot be found. The UK wide scheme provided under the Enterprise and Regulatory Reform Act 2013 External Link, allows for the commercial and non-commercial use of any type of orphan work, by any applicant, once they have undertaken a diligent search for missing rights holders and paid a licence fee.
Alongside the UK scheme, the Government is implementing the complementary EU orphan works Directive External Link. This will allow publicly accessible archives to digitise certain works and to display them on their websites for access across the EU.
This technical consultation is seeking views on the legal effectiveness, structure and effect of the draft secondary legislation only. The overall policy is outside the scope of this consultation.
This consultation is particularly relevant to rights holders, their representatives and to anyone wishing to reproduce copyright works where the copyright owner cannot be found. However, it is not limited to these groups and responses from all interested parties are welcome.
Copyright works: seeking the lost
Steven Boyett writes, “Humble Bundle has released a unicorn-themed Bundle, with proceeds to benefit the World Wide Fund for Nature and Fauna & Flora International. For as little as $1.00, you can get Ariel, by Steven R. Boyett (full disclosure: that’s me); Unicorn Mountain, by Michael Bishop; Homeward Bound, by Bruce Coville; and Unicorn Triangle, […]
Brewster Kahle, who invented the first two search engines and went on to found and run the Internet Archive has published an open letter describing the problems that the W3C’s move to standardize DRM for the web without protecting otherwise legal acts, like archiving, will hurt the open web.
Timothy from Creative Commons writes, “The purpose of copyright is to empower — not frustrate! — creativity and knowledge production. Nowhere is a balanced copyright more important than in education. But 15-year-old EU copyright laws don’t take into account modern digital and online teaching methods, tools, and resources.”
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]
Yeah, Bluetooth audio is pretty common these days, so why should you care about these earbuds? Look how happy that woman up above looks. She’s got FRESHeBUDS in. Boom. There’s your reason. She’s also at the beach and it appears to be a very nice day.But for the sake of promotion, wireless earbuds are fast becoming the […]
“Gets stuff done,” is a good way to be described by anybody. Especially by coworkers or bosses. Because whether you’re in finance or a children’s librarian, stuff needs to get done. But how do you make sure stuff gets done? You definitely can’t do all the stuff yourself, unless your company/organization/government office consists entirely of you. And […]