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The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a…
The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of national jurisdictions. Overlapping efforts to remedy the situation were recently undertaken in the form of EU Directive 2012/28/EU, the “Orphan Works” directive, and a new licensing scheme introduced by the UK Intellectual Property Office (UKIPO). The purpose of this paper is to empirically evaluate both the EU and UK policy approaches, drawing on data collected during a live rights clearance simulation.
The authors attempted to clear rights in a sample of 432 items contained in the mixed-media Edwin Morgan Scrapbooks collection held by the University of Glasgow Library. Data were collected on the resource costs incurred at each stage of the rights clearance process, from initial audit of the collection, through to compliance with diligent search requirements under EU Directive 2012/28/EU and the UKIPO licensing procedures.
Comparing results against the two current policy options for the use of orphan works, the authors find that the UKIPO licensing scheme offers a moderate degree of legal certainty but also the highest cost to institutions (the cost of diligent search in addition to licence fees). The EU exception to copyright provides less legal certainty in the case of rightsholder re-emergence, but also retains high diligent search costs. Both policy options may be suitable for institutions wishing to make use of a small number of high-risk works, but neither approach is currently suitable for mass digitisation.
This rights clearance exercise is focussed on a single case study with unique properties (with a high proportion of partial works embedded in a work of bricolage). Consequently, the results obtained in this study reflect differences from simulation studies on other types of orphan works. However, by adopting similar methodological and reporting standards to previous empirical studies, the authors can compare rights clearance costs between collections of different works.
This study is the first to empirically assess the 2014 UK orphan works licensing scheme from an institutional perspective. The authors hope that it will contribute to an understanding of how policy could more effectively assist libraries and archives in their digitisation efforts.
The internet is transforming possibilities for creative interaction, experimentation and cultural consumption in China and raising important questions about the role that…
The internet is transforming possibilities for creative interaction, experimentation and cultural consumption in China and raising important questions about the role that “publishers” might play in an open and networked digital world. The purpose of this paper is to consider the role that copyright is playing in the growth of a publishing industry that is being “born digital”.
The paper approaches online literature as an example of a creative industry that is generating value for a wider creative economy through its social network market functions. It builds on the social network market definition of the creative industries proposed by Potts et al. and uses this definition to interrogate the role that copyright plays in a rapidly‐evolving creative economy.
The rapid growth of a market for crowd‐sourced content is combining with growing commercial freedom in cultural space to produce a dynamic landscape of business model experimentation. Using the social web to engage audiences, generate content, establish popularity and build reputation and then converting those assets into profit through less networked channels appears to be a driving strategy in the expansion of wider creative industries markets in China.
At a moment when publishing industries all over the world are struggling to come to terms with digital technology, the emergence of a rapidly‐growing area of publishing that is being born digital offers important clues about the future of publishing and what social network markets might mean for the role of copyright in a digital age.