who provided the photographs at no charge to the collector. Their expectation of income from these works is probably negligible. Examples List B. The National Library has commenced work on these digitisation projects, generally to a feasibility and costing stage of Volume of Applicability of of Type of Proposed Date range rights proposed Fair proposed material Orphan holders Use provisions VECL Works provisions provisions Fairness Factors (a) and (b) may apply – Not the project is applicable supported by in the the National Publishers – National Library of the contactable. Five Library’s Netherlands publishers. view. The and would Journalists Library presumably be and others – Estimate for would supported by diligent journalists: proceed the search 1951 to dozens. based on published effort risk in Newspapers community i.e. would be Estimate for Australia; the high; the issues advertisers (in which five and the Library permission and other potential users would from the titles would have probably - publishers identified some not rely on would be a the Orphan hundreds key factor), the project Works and support would facilitate provisions from the research and Fair Use study. Fairness provisions. factor (c): not applicable. Fairness Factor
who provided the photographs at no charge to the collector. Their expectation of income from these works is probably negligible. Examples List B. The National Library has commenced work on these digitisation projects, generally to a feasibility and costing stage Type of material Date range Volume of rights holders Applicability of proposed Fair Use provisions of Proposed Orphan Works provisions of proposed VECL provisions published in Australia; five titles identified Newspapers 1951 to issues Five publishers. Estimate for journalists: dozens. Estimate for advertisers and other - hundreds Fairness Factors (a) and (b) may apply – the project is supported by the National Library of the Netherlands and would presumably be supported by the community i.e. the and the potential users would have some the project would facilitate research and study. Fairness factor (c): not applicable. Fairness Factor Publishers – contactable. Journalists and others – diligent search effort would be high; the Library would probably not rely on the Orphan Works provisions Not applicable in the National Library’s view. The Library would proceed based on risk (in which permission from the publishers would be a key factor), and support from the Fair Use provisions.
704._org__national_library_of_australia.docx