Commentary

212 UK Intellectual Property Office and the licensing of ‘orphan works’

ENTERTAINMENT AND MEDIA vol 15(1) commentary, music industry documentation
| Commentary

212 UK Intellectual Property Office and the licensing of ‘orphan works’

| Commentary

212 UK Intellectual Property Office and the licensing of ‘orphan works’

The Enterprise and Regulatory Reform Act 2013 introduced amendments into the Copyright, Designs and Patents Act 1988 permitting the Secretary of State to make legislative provision for the licensing of so-called ‘orphan works’. These amendments are not to be confused with the provisions relating to so-called ‘orphan works’ introduced by Council Directive (EU) 2012/28 which permit libraries, educational establishments, museums and archives to carry out certain acts in relation to works whose owners cannot be identified or whose whereabouts cannot be established. It is currently proposed that the provisions of the Directive be implemented in the form of the Copyright (Certain Permitted Uses of Orphan Works) Regulations 2014 which are intended to come into effect during 2014. Whilst the provisions of the Directive are primarily intended to promote learning and the dissemination of European culture, the new licensing scheme proposed by the Enterprise and Regulatory Reform Act 2013 is intended to permit the commercial exploitation of orphan works which is outside the scope of the Directive1.

In January 2014 the United Kingdom Intellectual Property Office issued a consultation paper on

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