The orphan works dilemma and museums: an uncomfortable straitjacket

Orphan works are copyright works where the right holders cannot be found. Without the consent of the right holder, a user faces potential liability for the unauthorized use of the work. Museums have a duty to make cultural materials available to the public. However, the orphan works problem may pose obstacles to the normal functioning of a museum. This article explores the problem of orphan works as it pertains to museums. Legislative solutions are being considered in addressing the problem of orphan works in the United States. The museums, as a lobbying group, initially advocated for a safe-harbour rule. The U.S. Copyright Office recommended a limitation on remedies rule. Any legislative solution tackling the orphan works problem must balance the benefits of using orphan works against the exclusive rights of creators. This article will inform readers of the orphan works problem. In addition, the lobbying efforts of the museums in trying to obtain desirable legislation are explored. By understanding the various interests involved, readers can better anticipate the possible orphan work solutions that the United States may adopt.