Legal Definitions - orphan works

An orphan work refers to a creative work, such as a book, photograph, film, or piece of music, that is still protected by copyright, but whose copyright owner cannot be identified or located after a diligent search. This situation creates a significant challenge for anyone wishing to use the work, as they cannot obtain the necessary permission or negotiate a license, potentially hindering new creative projects or public access to cultural heritage.

• Example 1: A historical society discovers a collection of unlabeled 1940s home movies depicting local community events. They want to digitize and share these films with the public as part of an educational exhibit. Despite extensive research into local families and film archives, they cannot identify the original filmmaker or their heirs who would hold the copyright.

  Explanation: The home movies are likely protected by copyright due to their age, but the historical society cannot find the copyright owner. This makes them orphan works because the society cannot seek permission to legally display or distribute the films, even for educational purposes.

• Example 2: A publisher wants to include a specific, striking illustration from an obscure, out-of-print poetry anthology published in the 1960s in a new literary textbook. The original publishing house no longer exists, and all attempts to trace the illustrator or their estate through professional organizations and public records have been unsuccessful.

  Explanation: The illustration is still under copyright protection, but the publisher cannot identify or locate the rights holder. This makes the illustration an orphan work, preventing the publisher from obtaining a license to use it in their new textbook.

• Example 3: A documentary filmmaker wishes to use a short audio clip of a unique, uncredited musical jingle from a regional television commercial that aired briefly in the late 1980s. The advertising agency that produced the commercial has long since closed, and the television station has changed ownership multiple times, with no records of the jingle's composer or rights holder.

  Explanation: The musical jingle is a copyrighted work, but the filmmaker cannot identify or locate the individual or entity that owns the copyright. Therefore, it is an orphan work, making it impossible for the filmmaker to secure the necessary permission to include the clip in their documentary.