The position paper is a contribution to the international debate on so-called “orphan works”. “Orphan Works” are works in copyright whose owner cannot be identified and located by someone who wishes to make use of the work in a manner that requires the rights owner’s permission.

In a joint statement the international umbrella organizations of librarians and book and journal publishers have set out principles aimed at facilitating the use of orphan works.

The joint statement on orphan works was agreed by the Joint Steering Group, a working group established by the IFLA and the IPA to discuss issue of mutual interest.

The statement sets out five principles to be followed by users of orphaned works:

- A reasonably diligent search should be undertaken to find the copyright owner.

- The user of an orphan work must provide a clear and adequate attribution to the copyright owner.

- If the copyright owner reappears, the owner should be reasonably remunerated or appropriate restitution should be made.

- If injunctive relief is available against the use of a previously orphaned work, the injunctive relief should take into account the creative efforts and investment made in good faith by the user of the work.

- The use of orphan works is non-exclusive.

“Orphan works are bad news for all concerned: for information users, librarians, publishers and authors. Creativity and progress are stifled when so many works are consigned to a legal limbo because their copyright owners cannot be traced,” Co-Chair of the IFLA/IPA Steering Group, Claudia Lux declared.

“The principles which IFLA has agreed with the IPA are an important step forward because they set out clearly what bona fide users of orphan works must do to avoid being held liable for copyright infringement, and what should be done if a missing copyright owner is found after the work has been used,” he added.

“If applied, the principles would ensure that the rights of copyright owners are respected without exposing users of orphan works to an intimidating level of risk,” Lux noted “Copyright is crucially important to publishers. We must ensure that it supports access to knowledge and takes into account the interests of all those contributing to the knowledge economy, including publishers,” Co-Chair of the Steering Group from IPA Herman P. Spruijt highlighted.

“As part of their business publishers seek authorization to use previously published works, including orphan works. Publishers will therefore benefit from a pragmatic, common sense approach that balances the legitimate interests of all sides. Our principles will help to achieve this,” he concluded.