On certain permitted uses of orphan works

Orphan works are creative works abandoned by their rights holders but still protected by copyright.

In legal terms, this means they cannot be accessed by anybody unwilling to take the residual risk of entering into a legal dispute about the ownership of the works in question.

Since public libraries, museums and educational establishments do not normally take such risks, orphan works cannot be mass digitised and made available to promote scientific progress and cultural, social and economic development.

The aim of the Directive is to create a legal way of accessing them.

The Greens believe that the European harmonisation of how orphan works are handled would be beneficial and should cover all kinds of such works.

To achieve this harmonisation, national legislation should take on board EU rules governing orphan works.

In our view, a Directive on orphan works should also provide legal security for any persons or institutions using orphan works in the event that copyright holders resurface after the work has been made public.

The Greens were unable to muster majority support for our demand regarding legal certainty for the users of orphan works.

A majority of MEPs also voted in favour of national solutions to orphan works management, so no real harmonisation will be attained.

Consequently we doubt whether the Directive will provide greater access to orphan works.