Regulation for Cultural Heritage Orphans – Time Does Matter

The WIPO Journal: Analysis and Debate of Intellectual Property Issues, Vol. 1, No. 2, pp. 180-196, 2010

23 Pages Posted: 21 Sep 2010 Last revised: 4 Apr 2011

See all articles by Susan Corbett

Susan Corbett

Victoria University of Wellington

Date Written: April 30, 2010

Abstract

The regulation of orphan works has stalled in many countries. This is mainly due to the complexity of the issues surrounding these works and the corresponding difficulties of providing a comprehensive legislative solution. Yet the problems created by orphan works affect distinct categories of secondary users: not-for-profit cultural heritage users and commercial users. This paper argues that the impact of the orphan works problem on cultural heritage institutions and researchers is of immediate concern in New Zealand and other net-copyright importing countries (in which the impact of the problem on the domestic economy is less certain). A partial solution for the cultural heritage orphans must, therefore, not be delayed.

As the paper explains, time is of the essence. The alternative is that other secondary users might have the first opportunity to use the orphan works originating from tardier countries.

Keywords: copyright, cultural heritage, orphan works

JEL Classification: K39

Suggested Citation

Corbett, Susan Felicity, Regulation for Cultural Heritage Orphans – Time Does Matter (April 30, 2010). The WIPO Journal: Analysis and Debate of Intellectual Property Issues, Vol. 1, No. 2, pp. 180-196, 2010, Available at SSRN: https://ssrn.com/abstract=1680044

Susan Felicity Corbett (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
New Zealand
+64 4 4635480 (Phone)

HOME PAGE: http://www.victoria.ac.nz/sacl/staff/susan-corbett.aspx

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