Orphan Works legislation is bearing down upon us in the UK once more, less than 12 months after it was last thrown out of Parliament. This time, if it's not our own government it seems the EU is coming for us too.
So what is an Orphan Work and how does it affect photography?
Simply put, an Orphan Work is any intellectual property for which the owner cannot easily be traced. Following a "diligent search" in Orphan Speak, the work, or image in our case, may be copied, reproduced and distributed without the inconvenience of any money changing hands. Except that is, for a token fee deposited with a yet to be created government orphan licensing agency.
Unfortunately for photographers, it's all too easy for our work to become orphaned once it appears on the internet. Few sites upload IPTC metadata in image files and many will actively strip it out. Once an image has been downloaded it's an orphan.
If that wasn't bad enough, the global nature of the internet means the work of photographers from the US, with its system of copyright registration and punitive damages, to Germany where intellectual property is inalienable, will find their work has not only lost its protection but the UK Exchequer has benefited at their expense.
Tom Parkes is a London based corporate and editorial photographer
This legislation needs a good swift kick in the teeth. Sounds like nothing more than a money grab from the Government at the expense of the photographer. It will be interesting to see how this pans out. Thanks for the info.
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