A vida de uma obra orfã

: a diretiva 2012/28/UE do Parlamento Europeu e do Conselho, de 25 de outubro. Uma solução?: ou um conjunto de lacunas?

Abstract

For years, many have attempted to respond to the problem of orphan works. The growing development of the information society resulted in the creation of projects for the massive digitisation of works, with the emergence of digital libraries and several projects of private initiative, which were intended to make the works available to the public. Among these would be the so-called orphan works. The existence of orphan works creates great obstacles for the creators of these projects. There was a need to legislate on this matter, thus resulting in Directive 2012/28/EU focused on certain permitted uses of orphan works and transposed into national jurisdiction by Law no. 32/2015, of 24 April, which introduced a new modality of Free Use in the Portuguese Code of Copyright and Related Rights and established a regime for the resolution of the problem of orphan works. With the present work we propose to study the problems of orphan works, explaining in what they consist, approaching the discussions that have sprung up around these, analysing the solutions that have been proposed before the emergence of the Directive. Finally, we intend to carry out an in-depth study of this Directive, addressing some gaps that it left open. The study of this theme proves to be important, because until the emergence of this Directive, despite some efforts, the European Union has never proposed a reliable solution, despite the immense problems generated by orphan works. But have we found a solution?

Date of Award	28 Jul 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Victória Rocha (Supervisor)