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Scotland - Get Permission to Copyright an Orphan Work


Procedure

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Apply Online

  1. To Get Permission to Copyright an Orphan Work, the applicant must make their application online via the following link link
  2. The applicant must enter the description of the orphan work less than 500 words and click “Next”.
  3. Next the applicant must enter the details of orphan work one by one.
  4. Then the applicant must upload all the necessary documents that are mentioned in the “Required Documents” section of this page.
  5. Review the application and click “Submit.”
  6. IPO will let the applicant knows by email that they have received his/her application.
  7. They will consider the application including checking that an adequate diligent search has been made.
  8. They will add certain details of the application to the orphan works register.
  9. If the application is successful, IPO will ask the applicant if the applicant wants to proceed with all the works and uses he/she has requested.
  10. The applicant will be able to remove any works or uses from the application at this stage. If the applicant wants to add works or uses, he/she will need to submit a new application.
  11. IPO will also send the applicant the terms and conditions that apply to the licence. A set of standard terms and conditions is included in the Orphan works overview for applicants.
  12. If the applicant wants to go ahead, he/she will now need to pay the licence fee. The fee will vary depending on the types of orphan work he/she wants to use and what he/she wants to do with them.
  13. The fee details are also mentioned in “Fees” section of this page.
  14. After successful payment, the IPO will issue the license by email or post.
  15. This entire process can be completed within 10- 15 days or as per the timeline advised by the respective department authority.





Required Documents

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  • A description of the orphan work, including the title, author, date of creation, and any other relevant information.
  • A description of the proposed use of the orphan work, including the medium, the intended audience, and the duration of the use.
  • A statement that you have made a diligent search to identify the copyright owner of the orphan work, and that you have been unable to locate the owner.
  • A proposed license agreement, which will set out the terms of your use of the orphan work, including the payment terms, if any.






Office Locations & Contacts

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Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
Email: information@ipo.gov.uk
Telephone: 0300 300 2000
Outside the UK: +44 (0)1633 814000
Textphone: 0300 0200 015
Contact Details – link



Eligibility

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  • Any person who intends to Get Permission to Copyright an Orphan Work is eligible to make this application.




Fees

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  • The cost of getting a licence includes an application fee and a licence fee. The applicant has to pay the prescribed fee of £20 for one work. If the number of work increases the applicant has to £2 for each number of work.
  • Use the following link to know of fee section – link


Note: Payment can only be made by credit or debit card.




Validity

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  • The validity of Copyright an Orphan Work is 7 years.




Documents to Use

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Please attach documents that can be used by people. e.g. links





Sample Documents

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Please attach sample completed documents that would help other people.




Processing Time

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  • This entire process can be completed within 10 -15 days or as per the timeline advised by the respective department authority.





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Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.





Instructions

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  • Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
  • Applicants must provide genuine information while applying for this procedure.


Before apply for a licence

  • Check that the work the applicant wants to copy is still in copyright because if it is not, he/she doesn’t need a licence to use it
  • Check whether the use falls within one of the copyright exceptions to copyright link
  • Read the orphan works overview for applicants link
  • Carry out an orphan works diligent search guidance for applicants – link for right holders in accordance with IPO published guidance.
  • Complete the diligent search checklist(s) and convert these to one pdf document to upload as part of the application process”




Required Information

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  • Name of the applicant
  • Address
  • Email
  • Telephone
  • Details of orphan work





Need for the Document

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  • Copyrighting an orphan work is the process of obtaining permission to use a copyrighted work whose copyright owner cannot be identified or located. This can be a complex and time-consuming process, but it is sometimes necessary if you want to use an orphan work without violating copyright law.




Information which might help

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  • For more information – link




Other uses of the Document/Certificate

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Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.





External Links

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How copyright protects the applicant’s work – Link



Others

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Here are some of the benefits of copyrighting an orphan work:

  • The applicant will be able to use the work without fear of violating copyright law.
  • The applicant will be able to protect his/her own rights to the work.
  • The applicant will be able to monetize the work by licensing it to others.

Here are some of the risks of copyrighting an orphan work:

  • The copyright owner may eventually be located, and the applicant may be required to pay them royalties for his/her use of the work.
  • The copyright owner may challenge the applicant’s copyright claim, and he/she may have to defend his/her claim in court.


If the applicant is considering copyrighting an orphan work, he/she should carefully weigh the benefits and risks before proceeding.




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