What is an orphan work?
Orphan work is the term used to refer to a copyright protected work for which the owner cannot be identified and located. Not being able to identify or locate a copyright owner becomes a problem when someone wants to use the work in a manner that requires the owner’s permission. While identifying a work as an orphan work may sound elementary, the “Report on Orphan Works” indicates that many people are confused on this point. In preparing its report, the Copyright Office solicited comments from the public. In response, it received over 850 written replies, most of which were from individuals. Approximately 40% of those comments described situations involving copyright protected works that did not meet the legal definition of an orphan work. For example, a copyright protected work does not qualify as an orphan work simply because the copyright owner declined to respond to a request for permission to use it. Going to the trouble of tracking down an owner only to be confronted with silence
