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THE PROBLEM OF ORPHAN WORKS
Abstract
The problem of orphan works is one of the main issues in modern copyright law (or we should say droit d'auteur because law of Continental Europe is much more concentrated on an author and his/her rights than on the problem of copying). Works labeled as orphan cannot be popularized because they are protected by law for seventy years from the moment of an author's death. The problem is that we do not know who the author is or what happened to him/her, if s/he is alive or not or who the heir apparents are and we cannot find the information in the process of reasonable inquiry. I would like to analyze this issue in the field of Jewish heritage, especially works of Polish Jews who were related to the Jagiellonian Univeristy in the middle-war time (1918–1939) . In Poland there is no analysis of the issue of orphan works. I will scrutinize the problem of orphan works by legal documents issued by Polish legislator Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (Act on copyright and related rights of 4th February 1994) and European Union Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (Dyrektywa Parlamentu Europejskiego i Rady 2012/28/UE w sprawie niektorych dozwolonych sposobow korzystania z utworow osieroconych). Member States were obliged to adapt their right to the Directive to 19th October 2014 I would like to a) estimate what part of the heritage of Polish Jews belongs to orphan works (on example of works of Polish Jews from the Jagiellonian University) b) describe the legal procedures to gain access to this heritage c) consider what factors creates the process of diligent search d) how to reconcile the copyright law with the human right of access to the culture
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