When dealing with orphan works
  • Orphan works may be able to be made available under s200AB, subject to an appropriate assessment that incorporates legal, ethical, public interest, creator interest and privacy matters.
  • Develop clear policies as to what steps should be taken to attempt to identify and contact rights holders and keep records of the steps taken in individual cases. This may, for example, incorporate public consultation and a notice of intention to publish.
  • When making orphan works available online under s200AB, incorporate ‘good faith’ statements explaining that best practice efforts have been made to identify copyright owners and inviting interested parties to contact the institution.
  • Develop clear policies for dealing with circumstances in which interested parties do come forward. This may incorporate, for example, processes for the removal of material and amendment of copyright statements.
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