IFLA Statement on Orphan Works

Abstract

Libraries are dealing with an increasing number of works where the copyright owners cannot be identified or located to consider the library’s request for uses requiring permission. Such “orphan works” risk exclusion from the cycle of creation and use, and carry potential liability for copyright infringement. To promote the public interest while protecting owners’ rights, IFLA strongly recommends that a formal structure be adopted to enable the use of orphan works. Key issues include diligent search, support for mass digitisation, fair remuneration if rightsholders reappear, adequate attribution, limits on injunctive relief, and non-exclusivity of use.