Copyright For Animators – Orphan Works: New Licensing System
Skwigly
As many animators are all too aware, before they can use another’s copyright work in their animation, they must first obtain the permission of the relevant rights holder. Failure to do so is potentially a breach of copyright law.
It follows that if an animator wanted to use a musical work as the soundtrack to its animated film, it must get the permission of the owner of the relevant parts of the works ( i.e. the composer and the publisher) aka a licence to use the musical work.
However, there are instances where it can be extremely difficult to obtain the requisite licence. For example, where the copyright owner is unknown or cannot be located. Works that fall within this category are commonly referred to as orphan works.
As part of the on-going project to modernise the UK copyright system, the Intellectual Property Office recently launched the Orphan Works Licensing System. This is a very welcome system in dealing with the conundrum posed by orphan works.
It basically enables the prospective user to apply to the IPO for permission to use the orphan works. If the IPO is satisfied that the user had carried out diligent search in trying to ascertain the owner but to no avail, the IPO may grant the applicant a non-exclusive licence to use the orphan work. The licence would be for up to 7 years and a market rate licence fee would be payable to the IPO. The purpose of such fee is to ensure that if the absent rights owner is ever identified, they are properly remunerated. The user must also credit the copyright owner (if known) and include a web-link providing the details of the IPO and the orphan works licence number.
The IPO provides guidelines on its website on what constitutes a diligent search. It should be noted that apart from failure to carry out a diligent search, the IPO may refuse to grant the orphan works licence if, the proposed use would be a derogatory treatment of the copyright work or the proposed use is inappropriate.
Just shy of 3 months, the orphan works licensing system, is very much an infant. It needs to be given time to mature and grow. However, as said its birth is very welcome and indeed needed development to the UK copyright system.