Orphan works: Difference between revisions
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'''Orphan works''' is a term used to describe the situation where a copyright owner cannot be identified and located by someone who is seeking permission to use the work. In the most common situation, the inability of a potential user of such a work to locate the copyright holder produces uncertainty about the use of the work, since it is possible, however remotely so, that a copyright holder may surface after the use has begun and bring an infringement action, leading to the possibility of compensatory damages against the user of the work. When the use of an orphan works is not subject to a strong [[fair use]] claim, use of the work effectively stops before it even starts. It is thought that this seriously inhibits the public good that would otherwise come from the use of orphan works. The problem of orphan works is global. | '''Orphan works''' is a term used to describe the situation where a copyright owner cannot be identified and located by someone who is seeking permission to use the work. In the most common situation, the inability of a potential user of such a work to locate the copyright holder produces uncertainty about the use of the work, since it is possible, however remotely so, that a copyright holder may surface after the use has begun and bring an infringement action, leading to the possibility of compensatory damages against the user of the work. When the use of an orphan works is not subject to a strong [[fair use]] claim, use of the work effectively stops before it even starts. It is thought that this seriously inhibits the public good that would otherwise come from the use of orphan works. The problem of orphan works is global, leading to large repositories of materials that librarians, museums, and other collections holders fear to disperse. | ||
Revision as of 15:50, 20 October 2007
Orphan works is a term used to describe the situation where a copyright owner cannot be identified and located by someone who is seeking permission to use the work. In the most common situation, the inability of a potential user of such a work to locate the copyright holder produces uncertainty about the use of the work, since it is possible, however remotely so, that a copyright holder may surface after the use has begun and bring an infringement action, leading to the possibility of compensatory damages against the user of the work. When the use of an orphan works is not subject to a strong fair use claim, use of the work effectively stops before it even starts. It is thought that this seriously inhibits the public good that would otherwise come from the use of orphan works. The problem of orphan works is global, leading to large repositories of materials that librarians, museums, and other collections holders fear to disperse.