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Legal Definitions - orphan works

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Definition of orphan works

An orphan work is a type of copyrighted work that is protected by law, but the owner of the copyright cannot be easily identified or located. This can happen when the original creator has passed away, or the work was created a long time ago and the ownership information has been lost or forgotten.

Orphan works can cause problems for people who want to use them, because they may not be able to get permission from the copyright owner. This can make it difficult to create new works that build on or use the original work.

  • A photograph that was taken many years ago, and the photographer is no longer alive or cannot be found.
  • A book that was published a long time ago, and the publisher is no longer in business.
  • A painting that was created by an unknown artist, and there is no information about who owns the copyright.

These examples illustrate how orphan works can make it difficult for people to use and build on existing works. Without clear ownership information, it can be hard to get permission to use the work, which can stifle creativity and innovation.

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Simple Definition

An orphan work is a piece of art or writing that someone created, but nobody knows who made it. This can happen when the creator has passed away or when the work has been around for a long time. It's a problem because people who want to use the work can't get permission from the creator or pay them for it. This can make it hard for new art and writing to be made.

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