Orphan Works and Other Orphan Material Under National, Regional and International Law:Analysis, Proposals and Solutions

摘要

What should a solution look like to allow the effective and yet equitable use of orphan material? National governments around the world are grappling with the issue, including the UK Intellectual Property Office in its recent consultation while European stakeholders are discussing the European Commission's proposed Directive for orphan works. This article presents a selection of globally existing and proposed solutions (in Europe, the United States, Canada, Japan, Korea), presents criteria to evaluate them and develops its own proposal for a solution to allow the use of orphan material.