Special Collections Orphan Works Policy

This policy provides the framework for making decisions regarding the reproduction of materials that are in copyright but for which no copyright holder can be found. These materials are therefore understood to be ‘orphan works’.

1. Scope

The University of Sussex’s Special Collections hold a range of archives and documents that are currently in copyright. These items fall into three categories:

1. The copyright in the work is owned by the University (either by being the original copyright holder or having had copyright assigned)
2. The copyright holder is held by a third party who is known and contactable
3. The copyrighted work is an ‘orphan work’ defined as ‘creative works or performances that are subject to copyright… for which one or more of the right holders is either unknown or cannot be found.’ https://www.gov.uk/guidance/copyright-orphan-works

When an academic researcher or member of the public request a copy of an item in copyright, unless their request falls under a fair-dealing exception, they are required to undertake a due diligence search to seek out and contact the copyright holders for permission. When the requestor is able to provide evidence of copyright clearance we are able to provide a copy of the item(s), however on occasions that they are unable to provide copyright clearance but can prove they have undertaken a due diligence search we need to decide whether we can allow a copy of the item(s) to be provided.

The University is required to balance out the need for allowing reasonable adherence to requests given due diligence, with the potential for action being taken against the University by a copyright holder for not protecting their copyright. This may lead to financial and/or reputational damage for the institution.

2. Decision making process

In instances where we asked to provide copies of orphan works in copyright the following courses of action will be taken:

The risk of each request will be assessed then:

1. Where a due diligence search has been undertaken and the risk is calculated as low, Special Collections will give consent.
2. Where a due diligence search has been undertaken and the risk is calculated as medium, the Librarian will take a decision on consent.
3. Where a due diligence search has not been undertaken and the risk is calculated as low, consent will not be given.
4. Where a due diligence search has been undertaken and the risk is calculated as high, consent will not be given.