Orphan Works Directive
Directive 2012/28/EU is a directive of the European Parliament and European Council enacted on 25 October 2012 that pertains to certain uses of orphan works. Hence it is often referred to as the Orphan Works Directive (OWD).
| European Union directive | |
| Title | Orphan Works Directive |
|---|---|
| Made by | European Parliament & Council |
| Made under | Article 53(1), 62 and 114 |
| Journal reference | L299, 27 October 2012, pp. 1–8 |
| History | |
| Date made | 25 October 2012 |
| Came into force | 29 October 2014 |
| Implementation date | 30 October 2014 |
| Current legislation | |
The directive sets out common rules on the digitisation and online display of orphan works. After a diligent search has been completed, a work can be registered at the orphan works register of the European Union Intellectual Property Office. Registering a work at that database allows for certain permitted uses of that work by cultural heritage institutions. Only such institutions are allowed to submit an orphaned work to the register. In case a copyright holder comes forward later, they are entitled to stop the institution's usage of the work and to ask for a retroactive license fee.
The directive's diligent search requirements have been criticized as burdensome and unworkable.