The context of the orphan works problems Graham Greenleaf University of New South Wales Orphan works workshop, UNSW 8 February 2011

Overall aims 2 aims come before orphans 1. 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The Australian context  Longer terms makes orphan problems worse –‘Life + 70’ –Unlimited term of unpublished works  Established system of ‘legal deposit’ makes print works easier to find –But not audio-visual or digital works  DoDs of authors can often be found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