Problem utworów osieroconych w świetle nowelizacji prawa autorskiego

Abstract

The problem of orphan works in the light of amendment of the Copyright Law

Orphan works problem is one of the most important elements of a debate on future of the copyright law. The whole debate focused on problems of large-scale digitization and creation of the European Digital Library. Amendment of the Copyright Law and Related Laws of 11th September 2015 is implementation of the Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works. It creates the legal framework to facilitate the digitization and dissemination of works for which no rightholder is identified or for which the rightholder, even if identified, is not located. Permitted uses of orphan works include right of reproduction and right of making available to the public provided. Indispensable condition for using orphan works is conducting adiligent search for rightholders.