Copyright
Copyright Best Practices
What Are Orphan Works?
Orphan works are copyrighted materials where it is difficult or impossible to locate the copyright holder. This can happen when:
- A work is published anonymously or pseudonymously
- The author or publisher is unknown
- Copyright was transferred to an estate or company that no longer exists
- The work was never formally published
When a diligent search fails to identify or contact the current rights holder, the work may be considered “orphaned.”
Should You Use an Orphan Work?
Using an orphan work requires weighing the educational value or need against the legal risk of using material without permission.
💡 Tip: The risk may be low, especially for nonprofit educational use, but it's not zero. Rights holders can still issue takedown notices or pursue claims.
Before proceeding, consider the following options.
Safer Options
✔ Consider Fair Use
Review the four fair use factors. If there is no way to obtain permission, this may weigh in favor of fair use—particularly the "effect on the market" factor. See Fair Use
✔ Locate Alternatives
Try to find a similar source with a known rights holder or something in the public domain.
✔ Rethink Your Use
Can you use a small excerpt or paraphrase the material instead of reproducing it in full?
Learn More
-
U.S. Copyright Office: Statement on Orphan WorksA summary of the legal and policy challenges surrounding orphan works.
-
Orphan Works: Statement of Best PracticesGuidelines developed by the Society of American Archivists for handling orphan works.
- Last Updated: Jul 7, 2025 9:24 PM
- URL: https://library.nwacc.edu/copyright
- Print Page