Serrano et al. (2019)
|Serrano et al. (2019)|
|Title:||Orphan Works at Theatre Library and Information Centres: Assessing Librarians' Perceptions and Management in Spain|
|Author(s):||Serrano, S.C., Aviles, R.A., Cuenca, G.M., Calvo, B.S.|
|Citation:||Serrano, S.C., Aviles, R.A., Cuenca, G.M., and Calvo, B.S. (2019) Orphan Works at Theatre Library and Information Centres: Assessing Librarians' Perceptions and Management in Spain. The Journal of Academic Librarianship, 45(1), pp 58-65.|
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|About the Data|
|Data Description:||Data was obtained from an online questionnaire issued to professionals working in Spanish libraries and information centres for theatre and performing arts (exact number of participants unstated). This consisted of a mix of closed and open-ended questions concerning institutional policies, diligent search, rightsholders, and the European and Spanish legislation on orphan works.|
|Data Type:||Primary data|
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|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||No|
|Government or policy study?:||No|
|Time Period(s) of Collection:||
“Currently, libraries and other information services are facing new professional challenges in relation to digitization policies and orphan works after the publication of European Directive 2012/28/EU on certain permitted uses of orphan works and Spanish Royal Decree 224/2016. This paper aims to analyse how Spanish library and information centres specialising in theatre and performing arts meet users' textual and non-textual information needs, by respecting copyright issues and being involved in a dynamic and digital environment. For this purpose, an online questionnaire, which was used as a methodological tool, was sent to library directors in February 2018. At the same time, some research questions based on orphan works and digitisation approaches are discussed in the paper, specifically in reference to graphic and audiovisual materials."
Main Results of the Study
Participants indicated that a large number of materials in their respective institutions had been identified as orphan works, assisted by IPR management entities and various catalog searches. Despite the legislative requirement for a “diligent search”, the study notes that no comprehensive guidance manual has been produced in this respect. Furthermore, due to constraints on resources, libraries and information centers in Spain are generally unable to meet the criteria of using different and appropriate sources to identify orphan works. Participants also noted both that they had never received a rightsholder claim over an orphan work, and nor did they have any policies or procedures in place in case of this event.In terms of more overall awareness of the implementation of the Orphan Works Directive, most participants were aware of this (67%), but 67% claimed that this had not been implemented in their library or information center.
Policy Implications as Stated By Author
Whilst the authors do not make any explicit policy suggestions, they do point generally to the lack of satisfaction that participants expressed at the available guidance for orphan works (both at legislative and institutional level). Furthermore, it appears that in the Spanish context, lack of time and human resources may inhibit the ability of libraries to identify orphan works through a diligent search. Absent any solution for these issues, the author calls for a more open dialogue between libraries, information centers and IPR experts.
Coverage of Study