The context of the orphan works problems

Graham GreenleafUniversity of New South Wales

Orphan works workshop,UNSW 8 February 2011

Overall aims

2 aims come before orphans1. Put users in contact with © owners

– Authors if alive or representatives if in term

– Enable negotiation of licences

2. Identify works out of ©– Enable public domain works to be used

3. If 1&2 fail, assist use of orphan works– Enable both new works and culturally valuable uses

– Compensate authors/representative if found

The Australian context

Longer terms makes orphan problems worse– ‘Life + 70’

– Unlimited term of unpublished works

Established system of ‘legal deposit’ makes print works easier to find – But not audio-visual or digital works

DoDs of authors can often be found through BD&M registers

No ID card or location registers, so locating live authors is more difficult

8 Desirable aims

Reduce the number of orphans– Improve ID/location of authors/representatives

Identify public domain works– Improve dating of deaths of authors, and publication

– Include works otherwise in public domain?

Limit our solution to ‘local’ works– Published here or created here?

Seek a comprehensive solution– But don’t assume one solution fits all -

• (a) all user sectors (eg s200AB); or • (b) all types of works

8 Desirable aims (cont.)

Seek cooperation b/w institutions– Libraries, Collecting Socs, other registers

Use existing tools, esp. Collecting Socs.– But avoid conflicts of interest (eg in Canada)

– Best able to build databases of works and authors

Enable voluntary registers of works– Users can pay to search

Make users’ intentions transparent– ‘Notice of intention to use orphan works’?

– Enable ‘bounty hunters’ to find parents for orphans