Orphan Works set to spread its tentacles across Europe
I have had a reply from the UK Intellectual Property Office (UK-IPO) that I thought may be of interest to a wider public. I have deleted the name of the respondent but otherwise this is a verbatim reply:
I note your concerns regarding the forthcoming legislation on orphan works which is currently going before the US Senate. Neither the UK Government nor the European Commission has announced any plans for compulsory registration for artists or creators, nor are we aware of any in the pipeline.
However, the issue of orphan works is being considered by the European Commission. The Commission established four expert industry working groups in 2006, with strong UK representation, to look at the issue of orphan works and to develop recommendations on the criteria for a reasonable search for the missing rights holders. The Commission plans to publish the final and agreed recommendations from the expert groups in this summer.
The UK Intellectual Property Office (UK-IPO) has been engaging in the process through dialogue with the UK stakeholders who are represented at the European level, and with the Commission itself. Assuming that we are clear that the outcome of this process produces a satisfactory way ahead, we would expect to consult on measures to allow access to orphan works, subject to appropriate safeguards, later this year.
Industry bodies are also working on the development of their own solutions to the problems created by orphan works and the difficulties of tracing ownership. These solutions could include a form of voluntary registration, but it is important to emphasise that any such industry arrangements would need to deal adequately with any situation where a rights holder or an exclusive licensee, identified himself/herself later and made a claim for ownership and potential royalties owed.
I hope you find this information helpful.
Kind regards,
United Kingdom Intellectual Property Office.
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