Copyright Orphans: Why we need better regulation

The regulation of orphan works has stalled in many countries. The issues are complex - hence providing a comprehensive legislative solution is challenging. Yet the problems created by orphan works are increasing, in line with ever-increasing terms of copyright protection. Indeed, some secondary users may be forced to take calculated risks and work outside of the letter of the law to use orphan works. Absent such risk-taking, many copyright works would be lost to our common heritage.

Our speakers discussed the orphan works problem from the perspectives of museums, archives and publishers with debate on some options for reform.

Melanie Johnson, Member of the APCA Executive Committee, moderated this session featuring Paula Browning (CEO of Copyright Licensing Ltd), Dr Emily Hudson (King’s College London) and Dr Mike Dickison (Vice-President of Wikimedia Aotearoa New Zealand).

About our co-host:

The UTS Technology and Intellectual Property Research Cluster brings together leading UTS Law academics working across the areas of technology law and regulation, and intellectual property law, with the aim of producing high quality scholarship that advances our understanding of complex legal and social issues arising from the creative industries and the use of technologies. 

Our Moderator: 

Melanie Johnson

Melanie Johnson is currently the Chair of the Libraries and Information Association of New Zealand Aotearoa Standing Committee on Copyright.  Melanie recently retired from the University of Auckland where she was an inhouse lawyer with responsibility for copyright. She was also Copyright lead for Universities New Zealand and negotiated licences and engaged in advocating for copyright reform on behalf of New Zealand universities. Melanie is a member of the Asian Pacific Copyright Association Executive Committee. .

Our Speakers:

Paula Browning 

Paula Browning has been CEO of Copyright Licensing Ltd (CLNZ) for 12 years. Prior to joining CLL Paula held management positions in the sport, education and commercial sectors. CLNZ is the collective rights management organisation (CMO) for New Zealand authors, publishers and visual artists. The net proceeds of CLNZ’s licensing activity are paid out to the copyright owners whose works are copied by CLNZ’s licensees. Paula is also the chair of WeCreate, an organisation that advocates for the creative industries in Aotearoa. Paula is a keen yoga student, avid reader and has a special interest in literacy for children with learning disabilities.

Dr Emily Hudson

Dr Emily Hudson joined King’s College London in January 2015, having previously held academic posts at the University of Melbourne, University of Queensland (with whom she maintains an association) and University of Oxford. She holds a BSc (Hons), LLB (Hons), LLM and PhD from the University of Melbourne. Prior to her embarking on an academic career, Emily was a solicitor at Minter Ellison Lawyers. Emily is Director of Undergraduate Studies and Chair of Assessments. Dr Hudson's research interests include intellectual property law, personal property law and trusts, and law as it relates to cultural institutions and the creative industries.

Dr Mike Dickison

Dr Mike Dickison was Curator of Natural History at Whanganui Regional Museum before becoming New Zealand Wikipedian at Large 2018–19, and is Vice-President of Wikimedia Aotearoa New Zealand. He recently finished a contract as digital librarian at Westland District Library.