Getting Broadcaster Archives Online: Orphan Works and Other Copyright Challenges of Clearing Old Cultural Material for Digital Use

Media Arts Law Review, Vol. 14, 2009

Posted: 22 May 2009 Last revised: 26 Oct 2012

Sally McCausland

Independent

Date Written: May 21, 2009

Abstract

This paper explores why copyright clearance issues currently hinder Australian public broadcasters from putting their program archives online, at a time when broadband offers new opportunities for public access. The difficulty of putting program archives online is an example of copyright “gridlock” preventing access to valuable cultural material.

The paper includes case studies of the BBC and NHK Japan who have conducted pilot online archive projects.

The article concludes that the current copyright regime - which is based on an “opt-in” model of individual permissions of all rights-holders, will not facilitate online access to public broadcaster archives on any comprehensive scale. It briefly considers how such access might be achieved if new compulsory statutory licensing schemes or “opt-out” models such as the Google Books Settlement are adopted.

Keywords: orphan works, television, radio, archives, Google Books, copyright, moral rights, clearances, compulsory licensing, gridlock, statutory licensing

Suggested Citation

McCausland, Sally, Getting Broadcaster Archives Online: Orphan Works and Other Copyright Challenges of Clearing Old Cultural Material for Digital Use (May 21, 2009). Media Arts Law Review, Vol. 14, 2009. Available at SSRN: https://ssrn.com/abstract=1408346

Sally McCausland (Contact Author)

Independent ( email )

No Address Available

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