Part I considers the principal reasons why cultural institutions engaged in digitization projects; the various difficulties emerged in formulating and developing these projects; debate around forthcoming review of copyright exceptions at both EU and UK levels; issues with licensing bodies; orphan works and related risk management strategies. Within the various copyright issues facing early stages of digitization projects, particular attention was devoted to recent reforms in the area of orphan works.

As a result, Part II analyzes and compares the orphan works provisions in Directive 2012/28/EU on certain permitted uses of orphan works (the “Orphan Works Directive”) 4 and the UK Enterprise and Regulatory Reform Act (the “ERR Act”). These two pieces of legislation differ to a relevant extent, and this section holds the view that UK cultural institutions will eventually prefer to rely on the orphan works provisions of the regulations adopted pur - suant to the ERR Act, rather than the piece of legislation that will transpose the Directive into UK law.

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