Subject and Course Guides: Music Copyright Resources: Orphan works

About orphan works

Orphan works are works, in print or online, for which there is no clear copyright owner. Orphan works are protected under copyright law, as are all intellectual and creative works, but because of the lack of obvious ownership, it can be almost impossible to obtain copyright permission for orphan works. Legislation to "free" orphaned works has thus far not been passed. Also, pre-1972 sound recordings are governed by state law--not federal law.

Online resources about orphan works

US Copyright Law Office: Orphan Works
The US Copyright Law's site on Orphan Works contains the Orphan Works Act of 2008 (which did not pass), a testimony on the necessity of orphan works legislation to the House Subcommittee, and more.
Orphan Works: Statement of Best Practices by SAA
A statement given by the Society of American Archivists (SAA) on best practices for orphan works. Describes techniques for finding the copyright holder. Contains helpful graphs and a great bibliography.
Recommendations for Changes to the United States Copyright Law by HRCAP
The Historical Recording Coalition for Access and Preservation's (HRCAP) "wish list" of changes they would like to see in copyright law that would help "free" orphan works. Six organizations voted to endorse some or all of the changes: the American Library Association, the Association of Moving Image Archivists, the International Association of Jazz Record Collectors, the Music Library Association, the Society for American Music and the Society of American Archivists.
Orphan Works
Two documents from Duke University that cover Orphan Works and Orphan Films.

Subject Guide: Music

Anita Breckbill

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Subjects: Dance, Music