Has the introduction of orphan works licensing schemes solved the problem that orphan works present to digitization projects?

摘要

The purpose of this exploratory paper is to determine whether the introduction of orphan work licensing schemes has adequately addressed the barriers orphan works offer to digitization projects undertaken within the United Kingdom. The following topics are outlined: the barriers that digitizing orphan works present; how the risks they present have been managed prior to the introduction of the schemes; the schemes themselves and their requirement of due diligence. How these orphan works licensing schemes have impacted those undertaking digitization projects is explored through: consideration of examples of use as well as the Architecture and Place digitization project as a case study; the uptake of both schemes; and the discussion of other digitization practitioners. Preliminary results show that there has been low uptake and that a risk management approach is still being promoted. In addition, the prohibitive costs of due diligence, both in time and funding, has been highlighted. Further research is required to determine whether a recommendation could be made to regulatory bodies to improve the process of digitizing orphan works.