Orphan works are copyright works where one or more right holder is unknown or cannot be located. It is not normally possible to reproduce the work if the right holder(s) cannot be found. However, the orphan works licensing scheme provides a way to reproduce these works lawfully.

Orphan works licence

If you want to use an orphan work in the UK, you can apply for a licence. An orphan works licence:

• applies only for use in the UK
• can be for commercial or non-commercial use
• is non-exclusive (not restricted to a single licensee)
• can last up to seven years
• can be renewed

The Intellectual Property Office (IPO) can issue different types of orphan works licences for both non-commercial and commercial purposes, for up to seven years.

Do I need an orphan works licence?

If you want to reproduce a copyright work, you need to try to find out who the right holders for that work are, and get their permission to use the work. If you cannot find the right holders or it isn’t known who they are, then you can use the orphan works licensing scheme.

You may not need an orphan works licence if your intended use of the work falls within one of the exceptions to copyright – for example, teaching, non-commercial research or private study.

Is the work still in copyright?

You should also consider if the work is still in copyright. If the work is in the public domain because the copyright has expired, then you do not need a licence and are free to use the work. To find out if a work is still in copyright, you should consider:

• when the work was created or first published; and
• whether the right holder is still alive, or if you know when they died

To find out how long copyright lasts for different types of work, see what does copyright cover.

In order to apply for an orphan works licence, you must complete a diligent search to try to identify and locate the right holder who controls the relevant rights in the works you intend to use. If there are multiple rights holders, a diligent search will be needed for each right holder where the right is relevant to the proposed use.

Why do you need the search?

You will need to submit a report of the search (in .pdf format) with your orphan works licence application, as evidence that you have completed the search. This report must cover:

• the sources you've checked
• information on the process you followed in determining if work is orphaned

You will have to carry out a diligent search to the satisfaction of the IPO when you apply for a licence to use orphan works in the UK.

How to undertake a diligent search

There is no set procedure to follow for a diligent search - it will depend on the information available. However, you need to show that the search was diligent so it's important to consider multiple sources where possible.

There are several key things you should consider when starting a diligent search:

• Why do you want to use this particular work?
• Is there substitute work available for which you know the right holder?
• Is the work within copyright? If copyright has expired, it can be used freely.
• Who are the right holders (ie who can permit or prohibit the use of the work)?
• Are there multiple rights within a work, each with its own right holder?
• Where did you find the work and what is its provenance?
• Has the work been published, broadcast or performed?
• Has a previous diligent search been completed on the work or right holder?

Check the orphan works register to see if a previous search exists and use these questions to determine where to search for information about the desired work.

If a previous diligent search exists

You can rely on an existing diligent search for the right holder in the work you want to use if:

• the search was submitted with a previous, successful licence application up to seven years ago
• the search covers the specific rights within that work you wish to use (since different rights in a work may have different right holders)

If you rely on a previous diligent search, bear in mind that the search is only valid for seven years from when the first licence using that search was issued. So, for example, if a licence was issued two years ago and you rely on the same diligent search, the maximum licence duration will be five years.

Other sources to search

As well as the orphan works register, there are many other possible sources of information on potential right holders, including:

• the internet (web searches)
• online databases and catalogues, such as Amazon, Spotify, etc
• the Writers, Artists and their Copyright Holders (WATCH) database
• newspaper collections within libraries
• genealogy sites
• search archives of higher education institutions
• treasury solicitors (for assets that may have passed to the Crown by law)

You may also want to:

• advertise for a possible right holder in relevant media
• trace heirs to an estate or search for wills or testaments (if a creator is known or believed to be dead)
• check the provenance of work – credits, acknowledgements, dates or other information embedded in the work

Industry associations, such as those for music industry and film, or databases of relevant Collective Management Organisations can also be great sources of information.

Sample searches and checklists from the IPO

The Intellectual Property Office (IPO) offers a detailed list of sources to help you complete a diligent search. Not all sources will be relevant to every search. To help with this process, the IPO has also published:

• sample diligent searches for some types of work
• search checklists to show that you have completed a diligent search

The sample searches include narrative to explain why some sources were searched and not others. 

The orphan works licensing scheme allows you to reproduce orphan works lawfully. You must apply online for a licence with the Intellectual Property Office (IPO).

Before you apply for an orphan works licence

Before you apply for a licence, you should consider why you want to use the orphan work and if there is non-orphan work you could use instead where the right holder is known and locatable. You could even consider commissioning a new work.

You should also check if the intended use of the works falls within one of the copyright exceptions. If it does, you may not require an orphan works licence.

You will not need a licence if the copyright has expired, and the orphan work is in the public domain. If you are unsure if the work is still in copyright, you can apply for a licence.

Search for the right holders

To get a licence to use an orphan work, you will need to carry out a diligent search to try to find the missing right holders. This takes time and there may be some costs involved.

In your licence application, you will have to demonstrate that you have carried out this search. You will also have to keep a record of it if your application is successful.

Search the orphan works register

Before starting the diligent search, you should search the orphan works register to see if a previous diligent search has been completed on the work or right holder. The register holds details of:

• applications for orphan works licences
• licences that have been granted
• applications that have been refused

If you are the right holder, you can use the register to check if any of your works have an orphan work status or have been licensed for use.

Applying for an orphan works licence

To apply for a licence, you must complete an online application form and pay the application fee. You will need to include certain information with your application, such as:

• title of the work (where known) or one-sentence summary (if the title is unknown)
• short description of the work
• known references
• use description
• work's provenance (ie how the work or its copy came into your possession)
• image of the work (if the work is a photo or still visual art)

You can apply for more than one use for the same work in one application, but each separate use will have its own licence fee. You can also apply for multiple works in one application. The maximum number of works you can apply for in one application is 30 and the application fee is based on how many works are in your application.

What happens after I apply?

The IPO will consider your application and check that you've made an adequate diligent search. They will add certain details of your application to the orphan works register.

If your application is successful, you will get an option to proceed with all the works and uses you have requested, or remove some from the application. If you want to add works or uses, you will need to submit a new application. IPO will then send you the terms and conditions (T&Cs) that apply to the licence. A set of standard T&Cs is included in the IPO's guidance for applicants.

If you want to go ahead, you'll now need to pay the licence fee. If your application has been refused, or you're not happy about a licence condition or the licence fee charged, you can appeal.

Costs of orphan works application and licence

The cost of getting a licence includes:

• an application fee - payable on application
• a licence fee – payable if the application is authorised

These fees are calculated and displayed at the start of the online application process. The fee will depend on how many different works and uses you want to license.

See a list of orphan works licence application fees.

In some cases, the licence fee will be set on a 'price on application' basis. For example, if the intended use of the work is not listed on the online application form. In this case, contact the IPO at orphanworkslicensing@ipo.gov.uk for details of the fee.

Licence fees are kept by the IPO on behalf of the absent right holder for eight years in case the right holder comes forward, so applicants have business certainty if they obtain a licence. For more on this, see orphan works: guidance for right holders.

Under the orphan works licensing scheme, the Intellectual Property Office (IPO) can issue licences for orphan works for use in the UK. You can apply for a licence for non-commercial use or for commercial purposes. Both types of licences can last for up to seven years.

Non-commercial licences for orphan works

Some uses of an orphan work can fall into the category of 'non-commercial use'. For example:

• free handouts for live event, exhibition or similar
• use in a live event, exhibition or similar
• in newsletter, bulletin, e-newsletter or e-bulletin
• in non-commercial promotional material - print and digital
• digitise and make available online, including on social media
• preservation purposes
• use on stage or in performance
• educational purposes - use in learning/training materials, including e-learning
• use in thesis/dissertation
• personal use

A non-commercial licence is £0.10 + VAT per work for all non-commercial uses, significantly lower than for commercial use.

Commercial licences for orphan works

Commercial use covers any uses that make money from the work, such as:

• selling copies of the work
• directly charging for access to it
• merchandising
• commercial advertising, marketing or promotion activities

For example, the use of an orphan work such as a photograph on a poster to promote or market an exhibition where there was a charge would be considered commercial. This applies whether the charges are intended to make a profit or just cover costs.

The cost of the licence will depend on how many works you wish to license and for what purpose. For example, reproducing an orphan work illustration on a full-page inside a printed magazine will cost more than using it on a quarter page.

Costs are based on prices for using a similar non-orphan work in the same way. You can find out how much the licence fee is likely to be before completing your online application. The fees are calculated and displayed at the start of the process which allows you to adjust your application to something that works for you and your budget.

Find out how to apply for a licence to use orphan works in the UK.

If you are applying for an orphan works licence (or you are the right holder for a work that is subject of an orphan works application or a licence), you can appeal against certain actions and decisions of the Intellectual Property Office (IPO) in your case. Different appeal routes are available for the right holders and applicants. In the first instance, both right holders and applicants need to appeal the relevant decision through the IPO.

If you are an applicant wishing to use orphan works

You can appeal to the IPO if you think the IPO has made a mistake:

• in refusing your application
• in any condition attached to your licence
• in the licence fee quoted

If you are a right holder for an orphan work

You can appeal to the IPO if you think that in reaching a decision they have acted improperly or failed to discharge our obligations under the regulations.

When appealing, both applicants and right holders should provide full details of the matter they are unhappy with and explain why, adding any relevant documentation or emails to their appeal.

The IPO will aim to reply within ten working days of receiving the appeal, but if the problem is complex and they need more time, they will tell you.

If you remain unhappy, you can appeal again to an IPO Manager who was not involved in the original decision or the appeal response. See further guidance for right holders.

Further appeals

If appealing to the IPO does not resolve the issue, and you remain dissatisfied, you can:

• appeal to the Copyright Tribunal (applicants)
• appeal to the First-tier Tribunal General Regulatory Chamber (right holders)

As an applicant, you may appeal to the Copyright Tribunal against any condition imposed by the IPO in connection with the grant of the orphan licence, the licence fee set by the IPO and a decision to refuse the licence.

As a right holder for works licensed under the orphan works licensing scheme, you may appeal to the First-tier Tribunal (General Regulatory Chamber). The tribunal can look at whether the IPO has acted improperly or failed to discharge its obligations under the regulations in reaching a decision. It would then be for the IPO to reconsider the case in light of the tribunal's findings.

For more information, see IPO's orphan works licensing scheme appeal guidance.

The Intellectual Property Office (IPO) operates an orphan works licensing scheme to license works in the UK where the right holder genuinely cannot be found after a diligent search. In a small number of cases, it can happen that the work is licensed as an orphan but the right holder comes forward at a later date.

If your work is wrongly licensed under the orphan works scheme

The IPO maintains the orphan works register which contains details of all applications for an orphan works license, all licences that have been granted and all applications that have been refused.

If you think your work is on the register, contact the IPO using the contact form on the register. You will need to provide evidence in support of your claim, specifically any relevant documentation showing that you are the right holder. For example:

• contracts
• wills
• copies of relevant correspondence

If the IPO is satisfied that you are the right holder, and your work has been licensed as an orphan, that licence will continue for the remainder of its term, but the IPO will not issue any new orphan works licences that cover those rights within that work. Any new uses of the work will be up to you, as the right holder, to grant permission in respect of the right you own.

The IPO will update the orphan works register to reflect the fact that the work is no longer orphan or only partially orphan (if there are other right holders who cannot be found or are unknown).

Licence fee payments

If the IPO accept your claim to be the right holder of the work licenced under the orphan works licensing scheme, and where it has been less than eight years since the licence was issued, the IPO will pay you any licence fee in respect of that work.

Where there are multiple right holders in a piece of work and you are one of them, you will receive payment of part of the licence fee. You will receive any payment due within two months of being notified that the IPO accept your claim to be the right holder, unless you decide to waive payment.

While a right holder has no right to the licence fee after eight years, the IPO has the discretion to pay a right holder who comes forward after eight years have passed. In this case, you will need to tell the IPO why you think that they should pay you the licence fee, even though you are outside the eight-year time limit. As a right holder, you can complain and appeal against a decision the IPO has made.