2009 Conference Archive

2009 Conference Archive

PRESENTATION C3

LETTING THE ORPHANS OUT OF THE ORPHANAGE - RISK MANAGEMENT FOR THE USE OF ORPHAN WORKS AT THE STATE LIBRARY OF QUEENSLAND

Margaret Warren
State Library of Queensland, Brisbane, QLD

Organisations in the cultural sector are facing an exponentially expanding digital world married with ever increasing user expectations of online access to and engagement with our collections.

Orphan works, that is, material for which a copyright owner can either not be identified or not be located, forms an increasing problem for libraries wishing to digitise and make available online their collection materials.

Access is constrained by several factors, including no specific exemption for this type of material in the Copyright Act, a lack of documentation in libraries (due principally to the age of the material rather than poor professional practice) and the time and expense involved in establishing copyright status.

How then, can a library provide access to orphan works and leverage the opportunities for client engagement with this content in the online world, but also manage the risks inherent in the use and reproduction of orphan works? Can we let the orphans out of the orphanage?

This paper discusses the development of a risk management strategy for the use of orphan works at the State Library of Queensland. Within the framework of risk management across all areas of the organisation, an assessment tool is being developed for staff considering the use and reproduction of orphan works. Key decision points are identified and documented and the overall level of risk assessed using a risk management matrix. In the absence of any legislative or licensing solutions in Australia, the risk management approach can allow libraries to use orphan works and allow our clients to access online this often commercially insignificant but historically valuable material.