Orphan books: Difference between revisions
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[Page is still being edited] An orphan book is any original work whose author or editor cannot be determined. | [Page is still being edited] An orphan book is any original work whose author or editor cannot be determined. | ||
== Copyright == | == Why a book may be orphaned == | ||
There are times when a book genuinely has no copyright owner. | |||
== Copyright and its issues == | |||
Orphan books present a problem for the U.S. Copyright Office. It is automatically assumed that every work is copyright, and if someone wants to use the work – for example, if Project Gutenburg[https://www.gutenberg.org/about/] wants to scan a novel and upload it to their site – then they normally have to contact the copyright owners and get permission from them. However, with orphan books, there is no way of determining who the copyright owner is. Current laws allow a copyright management organization to extend a copyright solution of an orphan book to an outside member, as long as a good-faith effort to find the original copyright owner was attempted.<ref>Copyright Agency. “Extended Collective Licensing.” ''Copyright Agency'', 31 Oct. 2023, www.copyright.com.au/archive-about-copyright/extended-collective-licensing/. Accessed 24 Sept. 2025.</ref> | Orphan books present a problem for the U.S. Copyright Office. It is automatically assumed that every work is copyright, and if someone wants to use the work – for example, if Project Gutenburg[https://www.gutenberg.org/about/] wants to scan a novel and upload it to their site – then they normally have to contact the copyright owners and get permission from them. However, with orphan books, there is no way of determining who the copyright owner is. Current laws allow a copyright management organization to extend a copyright solution of an orphan book to an outside member, as long as a good-faith effort to find the original copyright owner was attempted.<ref>Copyright Agency. “Extended Collective Licensing.” ''Copyright Agency'', 31 Oct. 2023, www.copyright.com.au/archive-about-copyright/extended-collective-licensing/. Accessed 24 Sept. 2025.</ref> | ||
However, there is still a risk with using a copyrighted work. | However, there is still a risk with using a copyrighted work. If the owner reappeared and decided to claim the work as their own, then they could sue the person or organization who used it.<ref>Sember, Brette. “Understanding Orphan Works and Copyrights.” ''Legalzoom.com'', 20 Feb. 2019, www.legalzoom.com/articles/understanding-orphan-works-and-copyrights. Accessed 24 Sept. 2025.</ref> | ||
Revision as of 14:59, 24 September 2025
[Page is still being edited] An orphan book is any original work whose author or editor cannot be determined.
Why a book may be orphaned
There are times when a book genuinely has no copyright owner.
Copyright and its issues
Orphan books present a problem for the U.S. Copyright Office. It is automatically assumed that every work is copyright, and if someone wants to use the work – for example, if Project Gutenburg[1] wants to scan a novel and upload it to their site – then they normally have to contact the copyright owners and get permission from them. However, with orphan books, there is no way of determining who the copyright owner is. Current laws allow a copyright management organization to extend a copyright solution of an orphan book to an outside member, as long as a good-faith effort to find the original copyright owner was attempted.[1]
However, there is still a risk with using a copyrighted work. If the owner reappeared and decided to claim the work as their own, then they could sue the person or organization who used it.[2]
- ↑ Copyright Agency. “Extended Collective Licensing.” Copyright Agency, 31 Oct. 2023, www.copyright.com.au/archive-about-copyright/extended-collective-licensing/. Accessed 24 Sept. 2025.
- ↑ Sember, Brette. “Understanding Orphan Works and Copyrights.” Legalzoom.com, 20 Feb. 2019, www.legalzoom.com/articles/understanding-orphan-works-and-copyrights. Accessed 24 Sept. 2025.
