Antoinette Graves - UK Orphan Works Scheme 062013

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Antoinette Graves - UK Orphan Works Scheme 062013

  1. 1. The UK’s domestic orphan workslicensing scheme
  2. 2. Purpose and scope• Economic & cultural benefits from allowing commercialuse of orphan works as well as non-commercial• Orphan Works Directive focuses on digitisation bypublicly accessible cultural institutions to allow broaderaccess• UK scheme will allow anyone to apply for a licence touse an individual orphan work• UK scheme will allow use of all types of works – incl:stand-alone photos and wide range of unpublished material• UK scheme will license range of rights allowing works tobe used in books, exhibitions, television programmes etc
  3. 3. Key principles• Minimising market distortion between orphan & non-orphan works• Maximising the benefits to economic & cultural growth• Minimising/eliminating perverse incentives/opportunitiesto ‘orphan’ works• Through these & other measures, to ensure adequateprotection for the interests of absent rights holders• Two key safeguards to achieve these principles:• Verification of diligent search by Government-appointedauthorising body• Payment of remuneration at time of use, at rate appropriate totype of work & type of use, set aside with authorising body incase rights holder/s reappears
  4. 4. How the scheme will work• If applicant does not qualify to use work under theDirective they will need to apply to the authorising body• Applicant will be given sector-specific guidance ondiligent search to follow/check• If applicant can demonstrate to authorising body thatsearch has been sufficiently diligent (possibly overseas)they may be granted a licence for specific non-exclusiverights for a particular duration (time/print-run etc)• Applicant will need to gain permission from any locatablerights holders & search for all unlocatable ones (inclembedded works)
  5. 5. How the scheme will work (continued)• Working with stakeholders, competition authority &economists to establish principles for setting rates ofremuneration – may use average of published rate cards&/or average from invoices provided by potentiallicensees for equivalent non-orphan works• Where collecting societies already license equivalentnon-orphan works they could use existing tariffs,providing they are transparent• Remuneration held by authorising body for rights holder/s• After a period of time unclaimed funds could bedistributed: cover costs of authorising body, paid back topublic institutions for archiving etc costs, paid intoindustry benevolent/training fund
  6. 6. How the scheme will work (continued)• Will assume moral rights have been asserted & creditgiven for any known (but unlocatable) rights holder, pluscontact details of authorising body• Authorising body will maintain register of works subject todiligent search & those licensed• Rights holders will be able to object to derogatorytreatment just as they can now if they have not waivedthis right• Authorising body will probably have discretion to refuselicense for use rights holder might consider derogatory
  7. 7. Benefits of commercial use• Figures in impact assessment show wide range –because benefits will depend on how much potentiallicensees need to do before use is permitted• The estimated potential benefit to archives, museums,libraries and businesses and to the public could be ashigh as £220m a year• UK Government considers scheme will put rights holdersin better position than now – when works are either notused or used unlawfully & increases chances of beingreunited with their works• Scheme will mean that if user searches for rights holderbut cannot locate them search time is not wasted as theywill be able to use the work lawfully - unlike now

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