Copyright and orphan works / Dr. Muhamad Helmi Muhamad Khair

Orphan works are copyright-protected works with unlocatable copyright holders. Prospective users (e.g. individuals, commercial organisations, and cultural heritage institutions) are legally reguired to obtain permission from the copyright holders before using their works (e.g. photos, paintings, novels, songs, movies). However, such copyright clearance may not be able to be obtained in the orphan works scenario. Activities like preservation, digitisation, restoration, adaptation, modification, or commercialisation of intellectual resources might be problematised for fear of legal suits from the reappearing copyright holders. Eventually, the works might be abandoned from the above activities, resulting in a massive loss to society for cultural and social benefits from the orphan works cannot be further leveraged.