Research

The Orphan Works Problem: The Copyright Conundrum Of Digitizing Large-Scale Audiovisual Archives, And How To Solve It

Type: Journal Article
Author
Stef van Gompel, P. Bernt Hugenholtz
Description
This article considers six regulatory solutions to the orphan works problem: incentivising the sharing of rights management information; extended collective licensing; indemnity or security; compulsory licensing; limited liability; and statutory limitation.
Date
2010 February 4
Abstract
The abstract provided by the author(s) of this work is as follows: This article examines the problem of 'orphan works' against the background of various projects for mass-digitization of audiovisual content. Orphan works are works for which the copyright owners cannot be identified or located. The fact that a particular work is 'orphaned' makes it impossible to clear the rights and to legally reutilize the work. This article describes and evaluates six different possible regulatory solutions to the orphan works problem, including extended collective licensing and compulsory licensing. The article concludes that if one wants to make the vast European audiovisual cultural heritage available for future usage, regulatory intervention is indispensable.
Institution
IViR, Institute for Information Law
Journal Title
Popular Communication: The International Journal of Media and Culture
Volume
8
Issue Number
1
Pages (from-to)
61-71
ISSN
1540-5710
Jurisdiction
The Netherlands, European Union
Language
ENG
Size
11 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
DOI
10.1080/15405700903502361
Cortex Citation:
Stef van Gompel and P. Bernt Hugenholtz, “The Orphan Works Problem: The Copyright Conundrum Of Digitizing Large-Scale Audiovisual Archives, And How To Solve It,” Copyright Cortex, accessed October 15, 2019, https://copyrightcortex.org/research/the-orphan-works-problem-the-copyright-conundrum-of-digitizing-large-scale-audiovisual-archives-how-to-solve-it.