Orphan Works in Copyright Law: Causes, Challenges, and Comparative Legal Responses

Charisma Mariam Appachankutty

Abstract: This article examines the legal, structural, and technological factors that contribute to the growing problem of orphan works within contemporary copyright systems. It explains how the removal of registration formalities, the steady extension of copyright duration, and weak metadata practices have made ownership identification increasingly difficult, particularly in the digital environment. Using a doctrinal and descriptive research methodology, the paper draws on domestic legislation, international treaties, judicial decisions, and policy reports to assess the scale of the problem and its practical consequences for authors, users, libraries, and cultural institutions. Comparative analysis of approaches in the United States, the European Union, Canada, and India highlight divergent regulatory models ranging from fair use doctrines to licensing and centralized orphan works registries. The discussion shows how legal uncertainty discourages preservation, digitization, and lawful reuse, resulting in a broader loss to public access and cultural memory. The article concludes by outlining policy options and preventive measures, emphasizing the role of diligent search standards, limited liability frameworks, and improved rights information systems in balancing copyright protection with public interest objectives.

Keywords: Orphan works, copyright law, digital preservation, diligent search, comparative legal frameworks

How to Cite?: Charisma Mariam Appachankutty, "Orphan Works in Copyright Law: Causes, Challenges, and Comparative Legal Responses", Volume 14 Issue 12, December 2025, International Journal of Science and Research (IJSR), Pages: 1439-1441, https://www.ijsr.net/getabstract.php?paperid=SR251218134248, DOI: https://dx.doi.org/10.21275/SR251218134248