via Peter Brantley:

Leading UK cultural organizations press for passage of a bill that would 
ultimately enlarge their ability to serve their missions by enhancing access to 
valuable historical materials to the public -

via Gary Price, ResourceShelf -

http://www.resourceshelf.com/2010/02/03/dealing-with-orphan-works-in-the-uk-several-libraries-and-museums-directors-work-for-passage-of-clause-42-of-digital-economy-bill/

"Perhaps 40% of some of our national institutions' collections are orphan 
works. [our emphasis] Restricting the digitisation of these works limits access 
and will leave a huge volume of historically important collections 'in limbo'. 
A significant proportion of these were never originally intended for commercial 
use and should not be treated in the same way as commercially produced 
in-copyright orphan works.

"In the view of these signatories, copyright collecting societies do have a 
major role to play in managing the copyright of known and commercially 
published rights holders. However, they are not the only institutions capable 
of acting responsibly in relation to Orphan Works.

"The educational and cultural sectors also have a long history of respecting 
rights holders in the provision of access, combined with an unrivalled 
knowledge of the unique material that sits within their collections. The 
suggestion of an Orphan Works licence for such institutions, put forward under 
the Digital Economy Bill, would offer a flexible system enabling access to 
collections to be improved for the benefit of education and research around the 
world."

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