The Use of Subject Matter with Missing Owners - Australian Copyright Policy Options

Abstract

Orphan works, in which copyright owners are either missing or not locatable, present a significant problem in copyright law. Commissioned by Screen Rights, this paper addresses two reforms: one directed at users of unpublished non-commercial subject matter, while the other considers all users of published subject matter. More broadly, the paper suggests copyright reform regarding mass digitisation and re-use projects should be separately resolved as a question of public policy.