ORPHAN WORKS

The Department of Jobs, Enterprise and Innovation seeks reactions to the EU proposal on certain permitted uses of orphan works.

A new directive on orphan works has been proposed at European level, which we would like to bring to the attention of interested parties. We would welcome reactions to the proposal.

Orphan works are works that are protected by copyright, but where the owner of the copyright or related right cannot be either identified or found. The absence of a known rights holder means that users are unable to obtain the required authorisation to use – reproduce and make available - the work. For example, books cannot be digitised nor can film footage be used again without the risk of infringing copyright. It is considered that orphan works represent a substantial part of the collections of Europe's cultural institutions.

The main objective of this proposal is to create a legal framework to ensure the lawful, EU cross-border online access to orphan works contained in online digital libraries or archives operated by a variety of institutions that are specified in the proposal when such orphan works are used in the pursuance of the public interest mission of such institutions. Such works include those which are published in the form of :

books, journals, newspapers, magazines or other writings, including works embedded in them, as well as

audiovisual and cinematographic works in the collections of film heritage institutions, and audio, audiovisual and cinematographic works contained in the archives of public service broadcasting organisations and produced by them.

The proposal also specifies how Member States may permit certain additional uses, including commercial use, under particular conditions.

Attention is drawn to the proposed directive which may be accessed at http://ec.europa.eu/internal_market/copyright/orphan_works_en.htm. The directive sets out the types of institutions which may undertake use of orphan works and the varieties of works involved. These must have been first published or broadcast in a Member State. It also defines what an orphan work is and sets out conditions for the diligent search which is required to establish the orphan status. The principle of the Mutual Recognition of orphan works in all the Member States is provided for as is the necessity for measures to end the orphan status, if necessary. Authorised use of the orphan works is provided for, including commercial use, subject to certain conditions.

Further information, including the text of the proposal and an impact assessment may be accessed on http://ec.europa.eu/internal_market/copyright/orphan_works_en.htm .

Where to send submissions

Submissions should be sent to IPU@DJEI.ie or posted to Intellectual Property Unit, Department of Jobs, Enterprise and Innovation, Kildare Street, Dublin 2. The closing date for receipt of submissions is Friday 30 September 2011.

Queries

Any questions regarding the Review should be emailed to IPU@DJEI.ie or please phone 01 6312587.

Format of Submissions

Respondents are requested to make their submissions in writing and, where possible, by email. With regard to the latter, respondents are requested to ensure that electronic submissions are furnished in an unprotected format.

Confidentiality of Submissions

Contributors are requested to note that it is the Department’s policy to treat all submissions received as being in the public domain unless confidentiality is specifically requested. Respondents are, therefore, requested to clearly identify material they consider to be confidential and to place same in a separate annex to their response, labelled “confidential”. Where responses are submitted by email, and those emails include automatically generated notices stating that the content of same should be treated as confidential, contributors should clarify in the body of their emails as to whether their comments are to be treated as confidential.

Relevant provisions of Freedom of Information Act 1997 (as amended)

Respondents’ attention is drawn to the fact that information provided to the Department may be disclosed in response to a request under the Freedom of Information Acts. Therefore, should you consider that any information you provide is commercially sensitive, please identify same, and specify the reason for its sensitivity. The Department will consult with any potentially affected respondent regarding information identified as sensitive before making a decision on any Freedom of Information request.

Intellectual Property Unit

Department of Jobs, Enterprise and Innovation

Main Copyright Consultation page