Orphan books
An orphan book is any original work whose copyright owner cannot be determined.[1]
Why a Book May be Orphaned
If a book has been orphaned, there are several possible reasons why it could have happened. There are times when publishers go out of business, or authors pass away. It is difficult to determine who owns the rights to the work in cases like these.[2]
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 Gutenberg 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 is attempted.[3]
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, even if an attempt to find them was made.[4]
Notes
- ↑ “Orphan Books.” Making Book, 9 Jan. 2017, rhollick.wordpress.com/2017/01/09/orphan-books/. Accessed 26 Sept. 2025.
- ↑ Robinson, Solveig C. The Book in Society : An Introduction to Print Culture. Peterborough, Broadview Press, 2014.
- ↑ 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, 20 Feb. 2019, www.legalzoom.com/articles/understanding-orphan-works-and-copyrights. Accessed 24 Sept. 2025.
