1. Polish Copyright Forum and orphan works Katarzyna Ślaska National Library of Poland

2. Polish Copyright Forum Space for the discussion on adaptation copyright to the digital world

3. The crucial topics: Principles of the use of orphan works Access to the out-of-print and out-of- commerce works Alternative financing sources of the Fund for Promotion of Creativity - scope of liability in the Copyright Act Mechanisms of effective licensing, including non exclusive licences

4. Orphan works The issue of orphan works is one of increasing significance, and has received public attention in Poland. The cultural institutions have a lot of objects which they wish to digitise to enable easier access to them. The long duration of copyright protection limits the way that these types of organisations can use orphan works, and the risk of potential infringement claims from a reappearing ‘parent’ has resulted in many orphan works remaining unused.

5. Definition In Poland the orphan works will be defined in accordance with the provisions of the directive: a work or a phonogram is an orphan work if none of the rightholders in this work is identified or, even if one or more is identified, none is located despite of diligent search. In practice it means that an orphan work is a copyright-protected work for which the author cannot be identified.

6. Plans Poland plans to introduce a wide regulations covering the commercial and non-commercial use of all types of works (texts, images, music, films and others). In the cases provided by the Directive all types of use will be possible on the basis of fair use. In other situations, the use of orphan works will be possible on the basis of a non-exclusive license and concluded for a specified period of time.

7. Licences An independent authorising body appointed by the Ministry of Culture and National Heritage would oversee the licensing of orphan works. It is likely that the authorising body would accredit certain organisations (such as collective management organizations or cultural institutions) to use orphan works and carry out quality-control checks, rather than verifying the diligence of each and every search by the accredited organisation. Once verified, a licence would be issued for an up-front licence fee deposited by the user which should reflect the market conditions in a particular sector. All licenses will be non-exclusive and issued for a specified period.

8. Diligent search The ‘diligent search’ must be carried out to identify or locate the author before it is deemed an orphan. The use of orphan works will be possible after a diligent search, led by the collective management organization. It is assumed that the search will be a separate charged service. It will give the possibility of research commisioned by the beneficiaries of fair use. It will cover all costs of the diligent search, regardless of its results. Users of orphan works on the basis of fair use will be able to lead the search as well itself

9. Commercial use The commercial use of orphan works based on licensing model will be connected with the obligation to pay the fee. Where the rightful owner does not appear within a set period (probably likely to be around 5-6 years), the deposited fee is proposed to be transferred to the fund run by the Ministry of Culture (like the Fund for the Promotion of Creativity). The funds may be used to cover costs of storage and digitization of orphan works, costs of dissemination of orphan works or support for writers and artists. When the author is identified or makes a claim in relation to an orphan work, he will be able to claim deposited licence fees for use of their previously-orphaned works.

10. Register of orphan works Poland plans to create a transparent and publicly accessible register of orphan works carried out by the Ministry of Culture.