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Monday, 29 October 2012

Breaking news: Orphan Work directive now online

But are they diligent searchers ...?
The most recent online issue of the Official Journal of the European Union features Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works. It's not very long -- the Preamble consists of 25 recitals and, inclusive of the dull formalities, there are just 12 Articles. Even so, this Kat has not yet had time to digest it.

There's plenty of material for endless references of questions to the Court of Justice for preliminary rulings. In particular, by Article 2 a work isn't an orphan work unless the rights holder(s) can't be found even after a diligent search (on which Article 3 elaborates).  This Kat suspects that the concept of the diligent search may be difficult to standardise, especially in the non-digital world.

A further post will no doubt follow soon, probably from Eleonora ...

Thank you, Chris Torrero, for spotting it for us

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