Serrano et al. (2019)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Serrano et al. (2019)
Title: Orphan Works at Theatre Library and Information Centres: Assessing Librarians' Perceptions and Management in Spain
Author(s): Silvia Cobo Serrano, Rosario Arquero Aviles, Gonzalo Marco Cuenca, Brenda Siso Calvo
Year: 2019
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.
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
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
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • Autumn - Winter 2018
Funder(s):
  • IdeaLab Research Group (The Complutense University of Madrid)

Abstract

“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

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets