In the context of United States Copyright Law, orphan work refers to a piece of original work that is protected by copyright, but the owner is difficult or impossible to identify or locate. This could happen for an array of reasons, but no matter, it may pose a challenge to third parties who wish to use this work but cannot get the explicit permission to proceed forward. With that being said, please continue reading to learn more about how a copyrighted work can become a piece of orphan work and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you approach this unique situation appropriately.
How might a piece of copyrighted work become an orphan work?
An orphan work does not necessarily mean that its original owner abandoned it. To reiterate, it means that its owner is simply unknown. This may commonly occur in the following circumstances:
- The original owner may have published their copyrighted work anonymously, or even by using a pseudonym or pen name.
- The original owner may have once been known, but this information was lost over time, given the age of the copyrighted work.
- The original owner may have collaborated with dozens of other artists to create an informal piece of copyrighted work (i.e., a website blog).
- The original owner may have sadly passed away, and the beneficiaries who inherited the copyrighted work may have been kept private or unidentifiable.
With this concept, it is also worth mentioning that an original owner does not necessarily need to register their work with the U.S. Copyright Office to establish their ownership rights over it. This lends to the commonality of orphan works, as it is made all the more difficult to track owners down when this information is not readily accessible on the Office’s public website or database.
What potential issues might arise from orphaned works?
If you wish to use an orphaned work, you must do diligent research and exhaust all possible resources. This process may be very costly and time-consuming, without the guarantee that the original owner will ever be made known. Say you choose to take the risk and proceed with using the orphan work anyway. Well, in this case, you make yourself a target for a copyright infringement claim, should the original owner ever spot it in the marketplace and step forward. In a worst-case scenario, you may be subject to an injunction order and payment of financial damages, among other consequences.
At the end of the day, though, no one may win when dealing with an orphan work. For one, the original owner may miss potential profits from direct revenue or licensing agreements with third parties. Secondly, a third party may lose the opportunity to use this copyrighted work or otherwise risk serious legal issues. Lastly, prospective consumers may be deprived of this copyrighted work that could have contributed positively to the marketplace and their personal lives.
So, if you desire more clarity before attempting to access a piece of orphan work, please do not wait any longer to reach out to a skilled Essex County, New Jersey intellectual property lawyer. Retain the services of The Ingber Law Firm today.