Study on the application of the Orphan Works Directive

Milieu is proud to have been awarded a study on the application of the Oprhan Works Directive (212/28/EU). The objective of the study is to assist DG CONNECT in collection of the necessary factual evidence to prepare the review of the Orphan Work Directive as well as to present possible policy options to improve the application and effects of the Directive.

Orphan works are works which are protected by copyright or related rights and for which no rightholder is identified or for which the rightholder, even if identified, is not located. Orphan works represent a substantial part of the collections of Europe’s cultural institutions. The main issue with digitization of these works lies in the fact that obtaining the prior consent of rightholders is conceptually impossible. To address this issue, the Orphan Works Directive was adopted in 2012. The aim of the Directive is thus to improve legal certainty in case of digitisation of orphan works, particularly in the context of large-scale EU digitisation project.