With Enough Eyeballs All Searches are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization

29 Pages Posted: 14 Jul 2016 Last revised: 23 Jan 2017

See all articles by Maurizio Borghi

Maurizio Borghi

University of Turin, Department of Law; Polytechnic University of Turin - Nexa Center for Internet & Society

Kris Erickson

University of Glasgow

Marcella Favale

Bournemouth University

Date Written: July 7, 2016

Abstract

Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article suggests a de-centralized approach based on crowdsourcing certain phases of the diligent search process. The proposed solution may alleviate the problem of the high costs of diligent search, and may ultimately enable cultural heritage institutions to take full advantage of the orphan works legislation. Suitability of the crowdsourcing solution to the cultural heritage sector is discussed and challenges to implementation are identified.

Keywords: Oprhan Works, Mass Digitisation, Cultural Heritage, Crowdsourcing

Suggested Citation

Borghi, Maurizio and Erickson, Kristofer and Favale, Marcella, With Enough Eyeballs All Searches are Diligent: Mobilizing the Crowd in Copyright Clearance for Mass Digitization (July 7, 2016). Chicago-Kent Journal of Intellectual Property, Vol. 16, No. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2806145 or http://dx.doi.org/10.2139/ssrn.2806145

Maurizio Borghi (Contact Author)

University of Turin, Department of Law ( email )

Lungo Dora Siena 100/A
Turin
Italy

HOME PAGE: http://https://www.law.unito.it/persone/maurizio.borghi

Polytechnic University of Turin - Nexa Center for Internet & Society ( email )

via Pier Carlo Boggio 65/A
Turin, TO 10100
Italy

HOME PAGE: http://https://nexa.polito.it/people/mborghi

Kristofer Erickson

University of Glasgow ( email )

9 Professors' Square
Glasgow, G12 8QH
United Kingdom

Marcella Favale

Bournemouth University ( email )

Fern Barrow
Poole BH12 5BB, Dorset BH8 8EB
United Kingdom

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