New Procedures For Unlocking Access To Orphan Works

Works of unknown authorship or ownership (so called 'orphan works') are still protected by copyright. Since the use of a copyright work requires the owner's consent, as the law previously stood an orphan work could not be used until the term of copyright had expired (70 years from the end of the year in which the work was first made or made available to the public).

From 29 October 2014, the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 ("Licensing of Orphan Works Regulations") come into force, establishing a procedure under which a licence to use orphan works may be obtained.

Alongside this, the Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 transpose the Orphan Works Directive (2012/28/EU) into English law allowing relevant bodies, including libraries, museums, and film or audio heritage institutions, to make certain orphan works available to the public and to reproduce a relevant