Directive 2012/28/EU is a directive of the European Parliament and European Council enacted on 25 October 2012 that pertains to certain uses of orphan works.[1] Hence it is often referred to as the Orphan Works Directive (OWD).[2]
The directive sets out common rules on the digitisation and online display of orphan works.[1] After a diligent search has been completed, a work can be registered at the orphan works register of the European Union Intellectual Property Office. Registering a work at that database allows for certain permitted uses of that work by cultural heritage institutions. Only such institutions are allowed to submit an orphaned work to the register.[3] In case a copyright holder comes forward later, they are entitled to stop the institution's usage of the work and to ask for a retroactive license fee.
The directive's diligent search requirements have been criticized as burdensome and unworkable.
^ ab"Orphan works". European Commission. Retrieved 27 May 2014.
^"Commissioner Barnier welcomes final adoption of the Orphan Works Directive by the Council". European Commission - European Commission. European Commission. 2012. Retrieved 13 June 2022.
^Martinez, Merisa; Terras, Melissa (13 May 2019). "'Not Adopted': The UK Orphan Works Licensing Scheme and How the Crisis of Copyright in the Cultural Heritage Sector Restricts Access to Digital Content". Open Library of Humanities. 5 (1): 36. doi:10.16995/olh.335. hdl:20.500.11820/4b54f86f-11a9-4835-bffa-6eb998863bd1. ISSN 2056-6700.
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