Getting the orphans out of the orphanage: risk management and orphan works at the State Library of Queensland.

Libraries and orphan works We’ve got some issues.

New ways of delivering library services

User expectation of online content

Libraries generally don’t like risk

Libraries and copyright – a balancing act

Can we? Should we? Will we? We’ve got some choices.

Choices for libraries “When a copyright holder cannot be identified or is unlocatable, potential users abandon important productive projects, many of which would be beneficial to our national heritage.” Marybeth Peters, Registrar of Copyrights, USA OR Use the work BUT manage the risk.

Managing risks Assess the level of risk. Minimise possible negative consequences.

Assessing risk Categorise consequences. (from insignificant to catastrophic) Determine likelihood of consequences occurring. (from rare to almost certain) Assign risk level. (from low to extreme)

Minimise negative consequences Document the search for the rights owner(s). Include a statement of acknowledgement with the work. Develop a procedure to respond to a claimant. Develop a position statement on orphan works.

Is the law an ass? We’ve got some exceptions.

Section 200AB – Copyright Act 1968 (Cth) “The intention is that s 200AB provide a flexible exception to enable copyright material to be used for certain socially useful purposes while remaining consistent with Australia’s obligations under international copyright treaties.” Supplementary Memorandum to the Copyright Ammendment Bill 2006

Section 200AB – Copyright Act 1968 (Cth) “This provision might be determined by a court, for example, to allow a library or archive to make use of a work where a copyright owner’s permission cannot be obtained because he or she cannot be identified or contacted...” Supplementary Memorandum to the Copyright Ammendment Bill 2006

Section 200AB – Copyright Act 1968 (Cth)

May be applied for some uses of orphan works. In other cases, risk management strategy will be appropriate.

Margaret Warren Australian Digital Alliance Australian Libraries Copyright Committee Australian Copyright Council More information