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L’International Federation of Library Associations and Institutions (IFLA) ainsi que l’International Publishers’ Association (IPA) annoncent la conclusion d’un accord concernant l’utilisation des « Å“uvres orphelines » – oeuvres dont le détenteur du droit d’auteur est introuvable et qui rend leur utilisation difficile. Selon le communiqué :

The statement sets out five principles to be followed by users of orphaned works:

* A reasonably diligent search should be undertaken to find the copyright owner.

* The user of an orphan work must provide a clear and adequate attribution to the copyright owner.

* If the copyright owner reappears, the owner should be reasonably remunerated or appropriate restitution should be made.

* If injunctive relief is available against the use of a previously orphaned work, the injunctive relief should take into account the creative efforts and investment made in good faith by the user of the work.

* The use of orphan works in non-exclusive.

Claudia Lux (IFLA), co-Chair of the IFLA/IPA Steering Group declared: “Orphan works are bad news for all concerned: for information users, librarians, publishers and authors. Creativity and progress are stifled when so many works are consigned to a legal limbo because their copyright owners cannot be traced. The principles which IFLA has agreed with the IPA are an important step forward because they set out clearly what bona fide users of orphan works must do to avoid being held liable for copyright infringement, and what should be done if a missing copyright owner is found after the work has been used. If applied, the principles would ensure that the rights of copyright owners are respected without exposing users of orphan works to an intimidating level of risk.”

Herman P. Spruijt (IPA), co-Chair of the Steering Group declared: “Copyright is crucially important to publishers. We must ensure that it supports access to knowledge and takes into account the interests of all those contributing to the knowledge economy, including publishers. As part of their business publishers seek authorisation to use previously published works, including orphan works. Publishers will therefore benefit from a pragmatic, common sense approach that balances the legitimate interests of all sides. Our principles will help to achieve this.”

Voir le communiqué de presse ainsi que la déclaration complète concernant les œuvres orphelines.