Orphan Works

What is an orphan work?

An orphan work is one where the copyright owner is not known or not locatable.

Can I use an orphan work?

Even if an owner cannot be identified or contacted, the image may be protected by copyright. If you use the image, you risk infringing the owner’s copyright and the owner can seek damages under the Copyright Act.

How can I trace a copyright owner?

If you have a digital image file, the first step is to check if there is any metadata embedded in the image by examing the ‘properties’ of the image. Windows Explorer, Photoshop, and many other programs have an option to show the image properties. Look for a credit line or copyright notice. You may find a reference to an agency, in which case you should contact them to find out if they license the image or know who does.

If you have nothing to go on, then you will probably need to use a research service:

• PACA offers a free OrphanSearch service, which automatically forwards your enquiry to all PACA members and affiliated associations.
• The PLUS Registry and Copyright Registry offer free online search facilities.
• Google Image Search now includes an option to upload an image and see search results from the Web that resemble that image. Click on the camera icon inside the search box to get started.

Visual Connections accepts no liability for any inaccuracies in fact or interpretation in the information provided here, which does not constitute legal advice.