n.a copyrighted work for which the owner cannot be identified or located by someone who wishes to make use of it in a manner that requires permission of the copyright ownerSAA 2009, 1“Orphan works” is a term used to describe the situation in which the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner.Dryden 2014b, 71In sum, it appears that for archivists, copyright is something with which they have to deal, but they do not like it much. . . . They think in terms of the process of clearing copyrights; they just want it to be easier, either in terms of locating rights holders or having a process for dealing with orphan works. Whether or not the rules change, they also want clear guidance that tells them what to do in specific situations.Briston 2015, 48Identifying the rights holder for an orphan work is rarely straightforward and can be particularly tricky when no clear creator can be determined. . . . This leads to a current challenge faced by most archivists—a deluge of materials accompanied by a paucity of information about who owns their copyrights.LoC 2015a, 35The uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace. The consequences of this uncertainty reverberate through all types of uses and users, all types and ages of works, and across all creative sectors.
