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Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim

"Orphan works" are works (such as essays, songs, photographs, paintings, and sculptures) that are still copyrighted but cannot be contacted or identified by prospective users. While permission to use is essential in copyright law, it cannot be obtained, particularly in the context of "...

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Main Authors: Muhamad Khair, Muhamad Helmi, Mohamed Isa, Farizah, Mohamad Hashim, Haswira Nor
Format: Article
Language:English
Published: Universiti Teknologi Mara Cawangan Pulau Pinang 2023
Subjects:
Copyright
Online Access:https://ir.uitm.edu.my/id/eprint/85549/1/85549.pdf
https://ir.uitm.edu.my/id/eprint/85549/
http://ejssh.uitm.edu.my
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spelling my.uitm.ir.855492023-11-06T02:43:48Z https://ir.uitm.edu.my/id/eprint/85549/ Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim ejssh Muhamad Khair, Muhamad Helmi Mohamed Isa, Farizah Mohamad Hashim, Haswira Nor Copyright "Orphan works" are works (such as essays, songs, photographs, paintings, and sculptures) that are still copyrighted but cannot be contacted or identified by prospective users. While permission to use is essential in copyright law, it cannot be obtained, particularly in the context of "orphan works". Several international organisations have attempted to estimate the size of orphan works. In the United Kingdom, for example, the Collections Trust and Strategic Content Alliances surveyed 500 institutions and estimated that their collection contains approximately 13 million orphan works. Malaysia is not immune to the situation. According to preliminary findings from interviews with major cultural and memory institutions in Malaysia, orphan works are likely to make up between 1 and 20% of their collections, indicating the potential legal risks in collection management, necessitating an effective and secure management strategy. This situation is exacerbated further by the lack of existing policies and legal loopholes in Malaysia regarding orphan works. On this basis, this paper sought to address the following two research questions: (i) What are the current strategies for providing access to orphan works? and (ii) "What strategies can cultural and heritage institutions in Malaysia implement? Through doctrinal analysis and library-based research, this paper discovered that Malaysia's existing laws are insufficient to assist cultural and heritage institutions in the management of orphan works in their institutions. Following that, this paper included several strategic recommendations, such as thorough search procedures and accurate record maintenance for items placed in the aforementioned institutions. Universiti Teknologi Mara Cawangan Pulau Pinang 2023-09 Article PeerReviewed text en https://ir.uitm.edu.my/id/eprint/85549/1/85549.pdf Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim. (2023) ESTEEM Journal of Social Sciences and Humanities <https://ir.uitm.edu.my/view/publication/ESTEEM_Journal_of_Social_Sciences_and_Humanities/>, 7 (2). pp. 97-106. ISSN 2600-7274 http://ejssh.uitm.edu.my
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic Copyright
spellingShingle Copyright
Muhamad Khair, Muhamad Helmi
Mohamed Isa, Farizah
Mohamad Hashim, Haswira Nor
Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
description "Orphan works" are works (such as essays, songs, photographs, paintings, and sculptures) that are still copyrighted but cannot be contacted or identified by prospective users. While permission to use is essential in copyright law, it cannot be obtained, particularly in the context of "orphan works". Several international organisations have attempted to estimate the size of orphan works. In the United Kingdom, for example, the Collections Trust and Strategic Content Alliances surveyed 500 institutions and estimated that their collection contains approximately 13 million orphan works. Malaysia is not immune to the situation. According to preliminary findings from interviews with major cultural and memory institutions in Malaysia, orphan works are likely to make up between 1 and 20% of their collections, indicating the potential legal risks in collection management, necessitating an effective and secure management strategy. This situation is exacerbated further by the lack of existing policies and legal loopholes in Malaysia regarding orphan works. On this basis, this paper sought to address the following two research questions: (i) What are the current strategies for providing access to orphan works? and (ii) "What strategies can cultural and heritage institutions in Malaysia implement? Through doctrinal analysis and library-based research, this paper discovered that Malaysia's existing laws are insufficient to assist cultural and heritage institutions in the management of orphan works in their institutions. Following that, this paper included several strategic recommendations, such as thorough search procedures and accurate record maintenance for items placed in the aforementioned institutions.
format Article
author Muhamad Khair, Muhamad Helmi
Mohamed Isa, Farizah
Mohamad Hashim, Haswira Nor
author_facet Muhamad Khair, Muhamad Helmi
Mohamed Isa, Farizah
Mohamad Hashim, Haswira Nor
author_sort Muhamad Khair, Muhamad Helmi
title Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
title_short Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
title_full Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
title_fullStr Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
title_full_unstemmed Navigating copyright: strategies for managing orphan works in cultural and memory institutions in Malaysia / Muhamad Helmi Muhamad Khair, Farizah Mohamed Isa and Haswira Nor Mohamad Hashim
title_sort navigating copyright: strategies for managing orphan works in cultural and memory institutions in malaysia / muhamad helmi muhamad khair, farizah mohamed isa and haswira nor mohamad hashim
publisher Universiti Teknologi Mara Cawangan Pulau Pinang
publishDate 2023
url https://ir.uitm.edu.my/id/eprint/85549/1/85549.pdf
https://ir.uitm.edu.my/id/eprint/85549/
http://ejssh.uitm.edu.my
_version_ 1783882243994812416
score 13.211869

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