News | Authors' rights
EVA Position on so-called Orphan Works
EVA appreciates the EC initiative to facilitating the creation of the European Digital Library - a project which envisages to enable access for the public to Europe's rich culture including many works of fine art and photography. Libraries, archives and museums made the observation that for some material which they have in their possession rights are difficult or even impossible to clear because the authors and other rightsholders are untraceable.
EVA recognises that in such cases the adminsitrative and financial burden for the users can be large. However, it questions to what extent fine arts a really concerned.
A high level of due diligence search regardless of the quality of the works or status of the author is indispensible.
Cut-off ages are not an appropriate tool because they are an unjustified reduction of protection terms.
Special attention should be given to works embedded in books and magazines and rights should be cleared independently.
Collective management societies could play a further role and provide services to facilitate the search or if mandated by legal provisions.