Orphan works

An orphan work is a work whose owners could not be held established or identify even by a careful search.

Problem situation

Orphan works represent a problem for potential consumers as utilization, which requires the consent of the author or rights holder, is not possible.

Even if an in commercial publications of the statement that you have, despite all care copyright holder can not determine and commit to paying the usual fee, not infrequently encountered, represents a use without permission of the copyright holder until 1 January 2014 in Germany a copyright infringement represents the sources of a diligent search are defined by law as an annex to § 61a of the Copyright Act for the various types of works and other subject matter.

Unlike in the U.S. where you can - starting from a discussion of the Copyright Office - debated since 2005 violently over orphan works, was the problem, although it has considerable practical relevance, initially covert nationally in anticipation of an EU Directive in Germany.

Canada has since 1997 a compulsory license with respect to orphan works. The use may be made against royalties, which are held in trust by a public authority.

Not an orphan work is considered an official work that is no longer subject to protection because it is no longer the authority and she also has no legal successor.

The Act on the use of orphan and out of print works and further amendments to the Copyright Act of October 1, 2013 implements Directive 2012/28/EU in the applicable from 1 January 2014 § § 61 to 61c of the German Copyright Act and in force from April 1, 2014 § § 13d and 13e of the German copyright Administration Act to.