"The problem of orphan works, i.e. works for which the rights holder cannot be identified, is addressed, the suggestion being that after a diligent search to locate the owner, orphan works should be deemed to be licensable for a nominal fee. This would free up the use of large bodies of works in the national archives. However, it is suggested that a diligent search would simply require checking if a right is contained in the DCE, and, if not, treating it as an orphan work. This could effectively introduce a requirement for copyright registration, and it is questionable whether this would be consistent with the UK’s obligations under the Berne Convention to provide copyright without a registration requirement [Article 5(2) of the Berne Convention states that "The enjoyment and the exercise of these rights shall not be subject to any formality". Merpel says, I'm no lawyer and I'm pretty informal -- but this looks like a formality to me ...]".
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August 16th, 2011, 02:14 PM
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