Mishra and Saxena, ‘Use of Orphan Works In Derivative Works: Towards A Model Framework’

Orphan Works, as the name suggests, are those works whose author cannot be identified or found for some reasons. These works are copyrightable work but only without the trace of author or author is unknown. US Library of Congress defines ‘Orphan works’ as ‘copyrighted works whose owners are difficult or even impossible to locate’. The digital world has created an anomaly in tracing the real author of work for a number of reasons. Be it informal, collaborative, or amorphous or be it works wrote anonymously. In order to use an orphan work, a prospective user must invest considerable resources to locate the owner. This may always be not a feasible and appropriate option however remains a necessary step. Therefore, the work creates a lose-lose situation for society. This note explores different issues and legal options in different jurisdictions and at the end propose a model framework.

Mishra, Abhinav K and Saxena, Anushtha, Use of Orphan Works In Derivative Works: Towards A Model Framework (June 1, 2021). Maharishi Journal of Law and Society Volume 2 Issue 1 and 2 Jan-Dec 2019.

First posted 2021-06-07 09:00:20

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