The article analyses the situation of orphan works solutions under several different international jurisdictions, examining each jurisdiction in turn. Various solutions for addressing the problem of orphan works are provided by the jurisdiction of each country, the most comprehensive scheme being offered by the law of the United Kingdom. The UK provides three types of solution: an exceptions-based model, compulsory licensing and extended collective licensing. The author demonstrates that as this problem largely has emerged with the proliferation of technology, some countries have not considered orphan works an issue serious enough to take steps to address. Some countries are still examining the situation and working on finding a suitable solution to the problem. Considering various factors affecting a country’s options, any chosen solution to the problem of orphan works would need to reduce the risk of a county being found liable for the use of these works.
Bzhar A. Ahmed,
The Situation of Orphan Works under Different Jurisdictions,
Chi. -Kent J. Intell. Prop.
Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol20/iss1/5