The Council today adopted a directive establishing a legal framework aimed at improving access to and digitisation of orphan works across the EU. The Italian delegation, however, voted against. The new rules will facilitate the digitisation of and lawful cross-border online access to orphan works contained in the collections of libraries, educational establishments, museums, archives, audiovisual heritage institutions and public service broadcasting organisations.

New EU rules for orphan works were adopted by the Council following the adoption by the European Parliament in September 2012. The directive establishing a legal framework aimed at improving access to and digitisation of orphan works across the EU will facilitate the digitisation of and lawful cross-border online access to orphan works contained in the collections of libraries, educational establishments, museums, archives, audiovisual heritage institutions and public service broadcasting organisations.

Orphan works are works (such as books, newspapers, magazines, audio recordings, films, etc.) that are protected by copyright but whose owners cannot be identified or found. The directive will apply to works that are first published or broadcast in the territory of a EU member state. A diligent search for right holders will be carried out in that member state prior to granting the orphan work status.

The new rules provide for a system of compensation in the event of reappearing right holders. The level and conditions of compensation will be fixed by the member states taking into account the non-commercial use of the works made by the beneficiary institutions.