Staranne poszukiwania podmiotów uprawnionych z tytułu majątkowych praw autorskich jako kluczowa przesłanka ustalania statusu osierocenia utworu
Diligent search of copyright owners as a substantial prerequisite of determination of work orphaned status

Summary/Abstract: While heading for development of the digital libraries initiative European Union came across an issue witch preclude digitization of right smart of works located in collections of European cultural institutions. The issue of orphan works become a significant problem, which according to the intention of EU should be comprehensively and resolved in an effective way. For this purpose in the directive 2012/28/EU from 25th October 2012 on certain permitted uses of orphan works, permissible use of orphan works was regulated. The most important of prerequisites is carrying out a diligent search for the rightholders. The aim of this article is to discuss the diligent search, including phases of diligent search, the place where it shall be carried out and standards which it should characterize. The issue is important as obtaining the status of an orphan work in the territory of one of the Member States produce the same results as if the diligent search was carried out in all Member States. The article relates to EnDOW project’s results, which is dedicated to research of diligent search in twenty Member States.

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