This article examines and evaluates possible solutions to the ‘orphan’ works problem (works for which the copyright owners cannot be identified or located). Following a definition of orphan works ( verweesde werken ) and an estimation of the actual size of the problem, it describes and evaluates six different possible regulatory solutions, including extended collective licensing and compulsory licensing. The article concludes that if one wants to make the vast European audiovisual cultural heritage available for future usage, regulatory intervention is indispensable. This article appeared in Popular Communication – The International Journal of Media and Culture 2010, Volume 8, Issue 1 January 2010, pages 61 – 71.
This clearly written article is valuable reading for policy makers involved in copyright legislation, especially since it offers not only a variety of possible solutions based on a survey of existing regulatory constructions, it offers a proposed best solution for consideration.