Orphan works and risk management
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Contents |
OVERVIEW
This article looks at the issue of orphan works and IPR and provides links to advice and guidance in managing this material, in particular approaches to risk assessment.
What are orphan works?
An orphan work is a resource still in copyright where the rightsholder cannot be traced. This applies to a significant proportion of the material in public sector collections and can form a major barrier to the their use in digitisation programmes. Often the items are of significant cultural interest and/or have much to contribute to research but their true potential is hampered by their unknown provenance. However, there are approaches which may be adopted which can allow orphan works to be used in digital resources.
Managing Orphan Works
The scale and scope of the issue has been set out in a major study for The Strategic Content Alliance by Naomi Korn and The Collections Trust, In from the cold: an assessment of the scope of orphan works and its impact on delivery of services to the public. SCA, 2010. It forms part of the IPR toolkit.
The study shows that many millions of works produced in the past 100 years and held in public sector instutions are at risk of becoming invisible because there are no records of rights holders or they are difficult and time-consuming to trace. Rather than risk legal action, many organisations simply leave items on the shelf, unused and inaccessbile despite their cultural value. The study makes a number of recommendations including learning from the implementation of European policies in this area, setting up a register of orphan works and the provision of training and more easily accessble advice and guidance.
The following sections of the IPR Toolkit provide information which will assist with the management of orphan works:
3.2 IPR Risk Assessments
This guidance note forms part of the IPR Toolkit and will help content creators and those responsible for rights management to make informed choices and take appropriate actions. It includes:
- a template IPR Risk Assessment Table for evaluating risks associated with content creation and user
- a template take-down notice and
- scenarios to support decision-making.
3.3 Terminology Toolkit Paper
This paper gives definitions of commonly used terms in IPR and licensing.
3.11 IPR FAQs
Alongside the scenarios in the Risk Assessment toolkit, these FAQs cover a range of commonly occuring situations and provide advice on their management, including the situation where the rights holder cannot easily be traced.
3.1 Getting Permissions
This toolkit outlines the process of clearing rights, how to go about tracing rights holders and gives advice on the due diligence process.
Links to IPR Toolkit Resources as PDFs
Background papers
Reports
Practical tools
3.4 Top Tips for Issuing Licences
3.5 Top Tips for Requesting Licences
3.8 Template Email Permissions Form
3.9 IPR Template Permission Letter
3.10 Rights Management Template
3.12 Model Contractual Clauses for Requesting Permission from Staff
3.13 Example Consortium Agreement
3.14 Model Contractual Clauses for Requesting Permission from Students/Volunteers
3.15 Model contractual clauses for requesting permission from freelancers/subcontractors
3.16 Template Terms and Conditions of Service
Template policy statements
2.1 Draft Institutional IPR Policy Statements
2.2 IPR and Licensing Blue Print for Funding Bodies and Recipients of Funding
Related Digipedia links
IPR policy statement for the public sector
Orphan works and risk management
Web 2.0 and legal issues factsheet
Further information
General resources
Intellectual Property Office: Overview of the legislative framework and policy issues/developments regarding Intellectual Property Rights
Office for Public Sector Information: Information about Crown Copyright material, click use licence for reusing Crown Copyright material and access to the consolidated copyright legislation.
British Library Business and IP Centre: Provision of resources, support and advice relating to the creation and exploitation of IP within a business context
Licensing schemes and open content licensing initiatives
Copyright Licensing Agency (CLA)
Design and Artists Copyright Society (DACS)
Resources for health professionals
Resources for schools, colleges and universities
JISC Digital Media Online Image Finding Tutorial: Interactive tool providing information about how to find images online which can be used with the least amount of restrictions
Web2Rights Project: JISC funded project providing interactive copyright and other legal issues tools, resources and charts for use by JISC funded projects
JISC Casper: Interactive tools and associated resources for dealing with copyright issues in schools and projects who are reusing content
JISC IPR and Web2.0 Animation: IPR and Web2.0 animation commissioned by JISC and built around the Web2Rights project deliverables
Becta: Information about IPR for schools
JISC IPR Consultancy: Briefing documents about IPR and monthly IPR Newsletter
JISC Open Content Licences Overview Paper: Overview paper providing guidance about the use of open content licences for JISC funded projects
JISC Model Licence Interactive: Interactive tool which provides an overview of the benefits of the JISC Model Licence
TrustDR Project: JISC funded project providing supporting documentation relating to the establishment of a digital rights management system for repositories
JISC Legal: Support for HEIs and FEIs on legal issues
OSS Watch: Support for HEIs and FEIs on open source licences
Resources for the cultural heritage sector
Collections Link: Comprehensive resources relating to IP and licensing for cultural heritage bodies
Harvested links
- Copyright Essentials
- A Collections Trust factsheet providing an introduction to copyright law for the non-specialist collections manager. [?]
- Training Course: Copyright Essentials
- This training course provided by Museums Galleries Scotland offers an introduction to the principles of copyright within the context of caring for collections. It offers basic and practical training, [?]
- New guide to copyright for cultural heritage organisations
- The Collections Trust is delighted to announce the publication of a new guide to copyright for cultural heritage organisations. [?]
- Collections Management Network website
- Collections Management Network (CMNetwork) is a consortium of consultants, advisers and trainers with expertise in collections management. We work together to provide practical, authoritative, cost ef [?] <span id="fck_dom_range_temp_1287584946184_396" />
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