Orphan works, works still in copyright but with untraceable rights holders, continue to block access to vast portions of our cultural heritage. For many institutions, the challenge isn’t just legal—it’s practical. The time, cost, and complexity of diligent searches make large-scale digitisation almost impossible.
Orphan works, copyright-protected materials whose rights holders are unknown or cannot be traced, pose a major obstacle to the mass digitisation of cultural heritage. Although digitisation offers unprecedented opportunities for access, legal uncertainty often prevents institutions from making collections available online.
A recent update from Australia highlights an important international development in orphan works legislation. New copyright legislation has recently passed enabling cultural heritage institutions (CHIs) to publish orphan works online.
Copyright and orphan works
Copyright attaches to a work the moment it's created and lasts until legal expiry, but the relationship between the creator, the work and the copyright can change over time as ownership changes and records can easily become fragmented.
