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With Enough Eyeballs All Searches are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization

29 Pages Posted: 14 Jul 2016 Last revised: 23 Jan 2017

Maurizio Borghi

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM)

Kris Erickson

University of Leeds - Faculty of Performance, Visual Arts and Communications

Marcella Favale

Bournemouth University

Date Written: July 7, 2016

Abstract

Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article suggests a de-centralized approach based on crowdsourcing certain phases of the diligent search process. The proposed solution may alleviate the problem of the high costs of diligent search, and may ultimately enable cultural heritage institutions to take full advantage of the orphan works legislation. Suitability of the crowdsourcing solution to the cultural heritage sector is discussed and challenges to implementation are identified.

Keywords: Oprhan Works, Mass Digitisation, Cultural Heritage, Crowdsourcing

Suggested Citation

Borghi, Maurizio and Erickson, Kris and Favale, Marcella, With Enough Eyeballs All Searches are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization (July 7, 2016). Chicago-Kent Journal of Intellectual Property, Vol. 16, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2806145 or http://dx.doi.org/10.2139/ssrn.2806145

Maurizio Borghi (Contact Author)

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM) ( email )

89 Holdenhurst Road
Bournemouth
Dorset, BH8 8EB
United Kingdom

HOME PAGE: http://www.cippm.org.uk

Kristofer Erickson

University of Leeds - Faculty of Performance, Visual Arts and Communications ( email )

United Kingdom

Marcella Favale

Bournemouth University ( email )

Fern Barrow
Poole BH12 5BB, Dorset BH8 8EB
United Kingdom

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