Regulation for Cultural Heritage Orphans - Time Does Matter

Abstract

The regulation of orphan works has stalled in many countries. This is mainly due to the complexity of the issues surrounding these works and the corresponding difficulties of providing a comprehensive legislative solution. Yet the problems created by orphan works affect distinct categories of secondary users: not-for-profit cultural heritage users and commercial users. This paper argues that the impact of the orphan works problem on cultural heritage institutions and researchers is of immediate concern in New Zealand and other net-copyright importing countries (in which the impact of the problem on the domestic economy is less certain). A partial solution for the cultural heritage orphans must therefore not be delayed. As the paper explains time is of the essence. The alternative is that other secondary users might have the first opportunity to use the orphan works originating from tardier countries.