Formalities in the Digital Era: An Obstacle or Opportunity?

Gompel, S. van

doi:10.4337/9781849806428.00038

Cited by 4 publications

(2 citation statements)

References 1 publication

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Absent a radical change to copyright law, such as shortening the term of protection or requiring registration and renewal of copyright (see Kretschmer, 2006; van Gompel, 2012), regulators have sought innovative solutions to the problem of clearing rights in archival collections of copyright works so that they can be shared with the public. The EU Orphan Works Directive and the UK licensing scheme represent two such approaches in a relatively young field[15].…”

Section: Discussionmentioning

confidence: 99%

“I should like you to see them some time”

Stobo

Patterson

Erickson

et al. 2018

View full text Add to dashboard Cite

Purpose The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of national jurisdictions. Overlapping efforts to remedy the situation were recently undertaken in the form of EU Directive 2012/28/EU, the “Orphan Works” directive, and a new licensing scheme introduced by the UK Intellectual Property Office (UKIPO). The purpose of this paper is to empirically evaluate both the EU and UK policy approaches, drawing on data collected during a live rights clearance simulation. Design/methodology/approach The authors attempted to clear rights in a sample of 432 items contained in the mixed-media Edwin Morgan Scrapbooks collection held by the University of Glasgow Library. Data were collected on the resource costs incurred at each stage of the rights clearance process, from initial audit of the collection, through to compliance with diligent search requirements under EU Directive 2012/28/EU and the UKIPO licensing procedures. Findings Comparing results against the two current policy options for the use of orphan works, the authors find that the UKIPO licensing scheme offers a moderate degree of legal certainty but also the highest cost to institutions (the cost of diligent search in addition to licence fees). The EU exception to copyright provides less legal certainty in the case of rightsholder re-emergence, but also retains high diligent search costs. Both policy options may be suitable for institutions wishing to make use of a small number of high-risk works, but neither approach is currently suitable for mass digitisation. Research limitations/implications This rights clearance exercise is focussed on a single case study with unique properties (with a high proportion of partial works embedded in a work of bricolage). Consequently, the results obtained in this study reflect differences from simulation studies on other types of orphan works. However, by adopting similar methodological and reporting standards to previous empirical studies, the authors can compare rights clearance costs between collections of different works. Originality/value This study is the first to empirically assess the 2014 UK orphan works licensing scheme from an institutional perspective. The authors hope that it will contribute to an understanding of how policy could more effectively assist libraries and archives in their digitisation efforts.

show abstract

Section: Discussionmentioning

confidence: 99%

“I should like you to see them some time”

Stobo

Patterson

Erickson

et al. 2018

View full text Add to dashboard Cite

show abstract

“…Moreover, in the UK, formality conditions were removed in 1911 as a result of the Berlin Revision of the Berne Convention in 1908, as it was a member of the Berne Convention at the time (Gompel, 2010). With regard to Canada, because it was a British colony, Canada was forced to implement changes to its copyright law (Gompel, 2011).…”

Section: Prohibition Of Formalitiesmentioning

confidence: 99%

Proliferation of the problem of orphan works across the world

Ahmed

Al-Salihi

2019

World Intellectual Property

View full text Add to dashboard Cite

The article examines the problem of orphan works in general. Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate after a diligent search has been conducted. The article introduces the nature of the problem and how it emerged.There are various reasons for the creation of the problem of orphan works and the authors undertake a qualitative approach to a thorough investigation that reveals that orphan works have become a significant challenge. The authors also reveal the legal and technological factors behind the creation of the problem and suggest ways to prevent its recurrence in the future. It is understood that orphan works undermine the goal of copyright law because one of the objectives of providing authors with copyright protection is that the public should, in return, be able to access the protected work and take benefit from it; however, the problem of orphan works deprives the public of a means of accessing these works.

show abstract

The Economics of Life: Reflections on the Term of Copyright

Mackaay

2011

SSRN Journal

View full text Add to dashboard Cite

Formalities in the Digital Era: An Obstacle or Opportunity?

Cited by 4 publications

References 1 publication

“I should like you to see them some time”

“I should like you to see them some time”

Proliferation of the problem of orphan works across the world

The Economics of Life: Reflections on the Term of Copyright

Contact Info

Product

Resources

About