Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Policy & Evidence Identifier An unambiguous reference to the resource within a given context CleanUrl: policy-evidence Description A description of the content of the resource or work Entries in this section of the Copyright Cortex include strategic policy documents developed by government and heritage institutions, as well as calls for evidence on legislative reform within a national and regional context. From European Commission papers on the digital single market to evidence submitted by memory institutions to consultations on copyright reform in the UK, this section catalogues official documentation at international, national and institutional levels. If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: <a href="mailto:info@copyrightcortex.org">info@copyrightcortex.org</a> Journal Article URL http://eprints.bournemouth.ac.uk/29390/9/10.1007%252Fs40319-017-0568-z.pdf DOI <a href="http://dx.doi.org/10.1007/s40319-017-0568-z" target="_blank" rel="noreferrer noopener">http://dx.doi.org/10.1007/s40319-017-0568-z</a> Volume 48 Pages (from-to) 286-304 Issue Number 3 ISSN 2195-0237 Journal Title International Review of Intellectual Property and Competition Law Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Impossible Quest: Problems with Diligent Search for Orphan Works Description A description of the content of the resource or work This journal article explores the scope of the diligent search requirement in the EU Directive on certain permitted uses of orphan works across several jurisdictions, and finds that some sources are not freely accessible online. Creator An entity primarily responsible for making the resource Marcella Favale Simone Schroff Aura Bertoni Date A point or period of time associated with an event in the lifecycle of the resource 2016-07-07 Abstract A summary of the resource. Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage. Public and private players are increasingly entering the scene with mass digitisation projects that will make this possible. In Europe, legislative action has been taken to allow cultural institutions to include in their online collections copyright works whose owner is either unknown or non-locatable (‘Orphan Works’). However, according to the Orphan Works Directive, cultural institutions need to attempt to locate the owner of a work before using it. This is the so-called ‘Diligent Search’ requirement. This paper provides an empirical analysis of the conditions under which a Diligent Search can be feasibly carried out. The United Kingdom, the Netherlands, and Italy, all of which have implemented the Orphan Works Directive, have been selected as case-studies. For each jurisdiction, the analysis determines what are the requirements for Diligent Search to locate copyright holders are, what the authoritative sources and databases to be consulted are in practice and, most importantly, to what extent these are freely accessible on line. The statistical analysis of the accessibility of these sources reveals that a sizeable share of them is not freely accessible online. This makes the consultation of these sources overly burdensome and costly. Therefore, it will be difficult for cultural institutions to clear the rights of their collections while fully complying with the requirements of the legislation. This article concludes that legislative action, official guidelines, or jurisprudence are needed to establish different legal value of sources for diligent search, with various degrees of optionality depending on data relevance and accessibility. Publisher An entity responsible for making the resource available Springer Language A language of the resource ENG Rights Information about rights held in and over the resource All Rights Reserved Identifier An unambiguous reference to the resource within a given context CleanUrl: the-impossible-quest-problems-with-diligent-search-for-orphan-works Source A related resource from which the described resource is derived This journal article is derived from <a href="https://copyrightcortex.org/research/endow-report-1-requirements-for-diligent-search-in-the-united-kingdom-the-netherls-italy" target="_blank" rel="noreferrer noopener">EnDOW Project Report 1: Requirements for Diligent Search in the United Kingdom, the Netherlands and Italy</a>. Copyright Cortex Fields Extra CC fields for copyright information Jurisdiction European Union Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 611 KB 20 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. orphan works accessibility rights clearance exceptions and limitations copyright reform Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2016 July 7 diligent search EnDOW Project EU Orphan Works Directive mass digitisation