[A2k] International Publishers and Librarians Agree On Access to Orphan Works

[Manon Ress]

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[ Picked text/plain from multipart/alternative ]
IFLA/IPA Joint Press Release



International Publishers and Librarians Agree On Access to Orphan Works

Geneva/The Hague, 27 June 2007

A joint steering group of the International Federation of Library
Associations and Institutions (IFLA) and the International
Publishers' Association (IPA) has agreed on key principles of access
to orphan works

The position paper is a contribution to the international debate on
so-called =93orphan works=94: =93Orphan Works=94 are works in copyright who=
se
owner cannot be identified and located by someone who wishes to make
use of the work in a manner that requires the rights owner=92s
permission. In a joint statement the international umbrella
organisations of librarians and book and journal publishers have set
out principles aimed at facilitating the use of orphan works.

The joint statement on orphan works was agreed by the Joint Steering
Group, a working group established by the International Federation of
Library Associations and Institutions (IFLA) and the International
Publishers Association (IPA) to discuss issue of mutual interest.

The statement sets out five principles to be followed by users of
orphaned works:

=B7        A reasonably diligent search should be undertaken to find
the copyright owner.

=B7        The user of an orphan work must provide a clear and adequate
attribution to the copyright owner.

=B7        If the copyright owner reappears, the owner should be
reasonably remunerated or appropriate restitution should be made.

=B7        If injunctive relief is available against the use of a
previously orphaned work, the injunctive relief should take into
account the creative efforts and investment made in good faith by the
user of the work.

=B7        The use of orphan works in non-exclusive.



Claudia Lux (IFLA), co-Chair of the IFLA/IPA Steering Group declared:
=93Orphan works are bad news for all concerned: for information users,
librarians, publishers and authors. Creativity and progress are
stifled when so many works are consigned to a legal limbo because
their copyright owners cannot be traced. The principles which IFLA
has agreed with the IPA are an important step forward because they
set out clearly what bona fide users of orphan works must do to avoid
being held liable for copyright infringement, and what should be done
if a missing copyright owner is found after the work has been used.
If applied, the principles would ensure that the rights of copyright
owners are respected without exposing users of orphan works to an
intimidating level of risk.=94

Herman P. Spruijt (IPA), co-Chair of the Steering Group declared:
=93Copyright is crucially important to publishers. We must ensure that
it supports access to knowledge and takes into account the interests
of all those contributing to the knowledge economy, including
publishers. As part of their business publishers seek authorisation
to use previously published works, including orphan works. Publishers
will therefore benefit from a pragmatic, common sense approach that
balances the legitimate interests of all sides. Our principles will
help to achieve this.=93



Notes for editors:

The full statement can be found at:

hhttp://www.internationalpublishers.org/images/pdf/IndustryPolicy/
IFLAIPA/JointStatement s/ifla-ipa%20orphan%20works%2020070607.pdf

IFLA is the global voice of the library and information profession.
Established in 1927, IFLA currently has some 1500 members in 50
countries. Together, IFLA=92s association and institutional members
represent over 500.000 librarians and library workers serving almost
two billion registered library users worldwide. IFLA is an accredited
Non-Governmental Organisation enjoying consultative status to the
United Nations. For more on IFLA, see: www.ifla.org

The International Publishers Association (IPA) is the global non-
governmental organisation representing all aspects of book and
journal publishing worldwide. Established in 1896, IPA's mission is
to promote and protect publishing and to raise awareness for
publishing as a force for cultural and political advancement
worldwide. IPA is an industry association with a human rights
mandate. IPA currently has 65 member associations in 53 countries.

The members of the IFLA/IPA Steering Group are:


For IFLA:

Claudia Lux, IFLA President-elect (Co-Chair)

Vinyet Panyella, IFLA Governing Board member

Winston Tabb, Chair of the IFLA Committee on Copyright and other
Legal Matters



Peter Lor, IFLA Secretary General

For IPA:

Herman P. Spruijt (Co-Chair), IPA Vice President, Brill Academic, NL



Marc Brodsky, American Institute of Physics, USA



Michael Mabe, Chief Executive Officer, STM



Jens Bammel, IPA Secretary General





For further information, please contact:

Jens Bammel

Secretary General Secretary General International Publishers
Association (IPA)

Avenue de Miremont 3

CH-1206, Geneva

Switzerland

Tel: +41 22 3463018

Fax: +41 22 3475717

Email: mailto:bbammel@intenationalpublishers.org



Peter Johan Lor

Secretary General International Federation of Library Associations
and Institutions (IFLA)

P O Box 95312

2509 CH, THE HAGUE

Netherlands

Tel: +31 70 3140884

Fax: +31 70 3834827

Email: ifla@ifla.org