Bzhar Abdullah Ahmed, Kameran Hussein Al‐Salihi | The Journal of World Intellectual Property
The article examines the problem of orphan works in general. Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate after a diligent search has been conducted. The article introduces the nature of the problem and how it emerged. There are various reasons for the creation of the problem of orphan works and the authors undertake a qualitative approach to a thorough investigation that reveals that orphan works have become a significant challenge. The authors also reveal the legal and technological factors behind the creation of the problem and suggest ways to prevent its recurrence in the future. It is understood that orphan works undermine the goal of copyright law because one of the objectives of providing authors with copyright protection is that the public should, in return, be able to access the protected work and take benefit from it; however, the problem of orphan works deprives the public of a means of accessing these works.