"Orphan works," which are works where the copyright holder is unknown or cannot be located, pose a significant challenge to the digitization and dissemination of cultural heritage material worldwide. This issue has been a priority on the copyright agenda of legislators for over a decade, leading to the EU Orphan Works Directive of 2012 and the UK Orphan Works Licensing Scheme of 2014. These laws allow cultural institutions to use certain orphan works in their collections (e.g., books, films, sound recordings). However, to determine if a work is an orphan, institutions must conduct a "diligent search" for potential rights holders. This process requires substantial effort in terms of time and expertise, which is why the directive has not fully resolved the orphan works problem.
Crowdsourcing the diligent search process—inviting the public to assist—could significantly reduce the time, money, and manpower required by cultural heritage institutions.
The EnDOW Project (http://diligentsearch.eu), funded by the Joint Programming Initiative in Cultural Heritage and Global Change and the EU Commission, addresses this issue by developing an internet platform for crowdsourcing rights clearance for orphan works. The project is a collaboration between multiple partner institutions across the EU:
• CIPPM, Bournemouth University (Project Leader)
• CREATe, University of Glasgow
• IViR, University of Amsterdam
• ASK, Bocconi University, Milan
The EnDOW Diligent Search Platform (available at http://diligentsearch.eu/diligent-search-tool/) is an online tool that guides users through a step-by-step diligent search. The platform records the steps taken by the user to locate the potential rights holder of a work and the sources consulted. At the end of the search, a Diligent Search Report can be generated as a PDF. If the rights holder is not located despite consulting the recommended sources, the work can be registered in the Orphan Works Database of the EUIPO (https://euipo.europa.eu/ohimportal/en/web/observatory/orphan-works-database) and published online by the cultural institution. The Diligent Search Report will be kept on record by the cultural institution, providing evidence that the search was conducted according to legal provisions.
The EnDOW project concluded on May 31, 2018. Its final conference, held at the EUIPO in Alicante on May 15, 2018, presented the results of three years of research and included discussions on resolving the diligent search problem with representatives from the European Commission, the European Parliament, and Europeana.
Next Steps: Diligent search procedures vary for different types of copyright works (films, music, books, etc.). As demonstrated by EnDOW findings, a specifically identified and trained community can be substantially more efficient in clearing the rights of these artefacts. EnDOW researchers propose a follow-on project to provide tailored training for clearing the rights of specific collections, aimed at targeted groups (e.g., local heritage film clubs), to build a loyal community of volunteers. This project will produce a dataset of Diligent Search Reports that the archive can use to publish and share the film collection. Additionally, the trained community will help digitize similar film collections.
For more information, visit http://diligentsearch.eu
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