Reference: MEMO/11/333 Date: 24/05/2011
"What does the proposal for a Directive on orphan works say?
The Commission's proposal, which takes the form of an EU Directive, rests on three pillars. First, the proposal contains rules on how to identify orphan works. It provides that the user has to conduct a diligent search to find the copyright holder. In this search, the user should rely on sources such as databases and registries. One such tool that exists in the book publishing sector is ARROW, the Accessible Registry of Rights Information and Orphan Works. It is hoped that other sectors will also develop similar central rights information databases. Doing so would greatly simplify and streamline the conduct of a reliable diligent search.
Secondly, the proposal establishes that if the diligent search does not yield the identity or location of the copyright holder, the work shall be recognised as an orphan work. This status shall then, by virtue of mutual recognition, be valid across the European Union. This implies that once a work is recognised as an orphan work, it shall be recognised as such across the European Union. The proposal also foresees that there will be a generally accessible record of all recognised orphan works.
Thirdly, the proposal establishes the uses that can be made of the orphan works and the conditions for such uses depending on their nature. Thus, the current proposal should make a major contribution to the development of various European digital library initiatives and their accessibility for everyone throughout the European Union. Clear rules on what works can be posted online as orphan works will also provide the beneficiaries of the Directive - not only libraries, museums and archives but also film heritage institutions and public service broadcasters - with a sound legal framework that safeguards them against claims of copyright infringement. In this respect, a degree of legal certainty can be achieved that will exceed the one th
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