...organisations that wish to use orphan works would have to conduct a 'diligent search' for the owner of orphan works before they could use the material. The searches would have to be verified as diligent by independent authorising bodies. In addition, organisations would have to pay a "market rate" to use orphan works so as rights holders could be recompensed for the use of the works if they were later identified.
The orphan works problem has resulted in large quantities of copyright works being unavailable for use, whether for cultural or commercial purposes. This concerns millions of pieces of content ranging from video and sound recording, as in the British Film Institute where 10% of the collection is orphaned to more than two million archive photos in the Imperial War Museum and artworks. There are also approximately 150 miles of shelved documents in The National Archives and National Records of Scotland, where up to 40% of the content is suspected orphans.
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