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] This is different from public domain books, which are books whose registered copyright has expired. These books are able to be read and shared freely by anyone, unlike orphan books.[3]
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.[5] However, there is still a risk with using an orphan work in these cases. 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.[6]
Copyright then creates a barrier between the orphaned work and the world. Because orphan works are, in most cases, unable to be shared, the public cannot read or benefit from these books.[6]
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.
- ↑ Chatham University. “Copyright and Fair Use: Public Domain & Orphan Works.” JKM Library, 2024, library.chatham.edu/copyright/public_domain.
- ↑ U.S. Copyright Office. “Copyright Office Adopts Updated Seal, Logo, and Wordmark.” Copyright, 2024, www.copyright.gov/pr/new_logo.html.
- ↑ Copyright Agency. “Extended Collective Licensing.” Copyright Agency, 31 Oct. 2023, www.copyright.com.au/archive-about-copyright/extended-collective-licensing/. Accessed 24 Sept. 2025.
- ↑ 6.0 6.1 Walsh, Edmund. Addressing the Copyright Issues of Orphan Works and Mass Digitization: Analyses and Proposals. Nova Science Publishers, Inc, 2016. EBSCO, research.ebsco.com/linkprocessor/plink?id=6c7ef64c-057d-3f3b-b944-6409bf936387.
