Die Nutzung verwaister und vergriffener Werke im Urheberrecht

How can access to “orphan works”, i.e., copyrighted works whose right holders are untraceable, as well as to out of print works be improved? New legislation in Germany and the EU only allows for a narrow scope of use. Therefore, this legislation does not provide a sustainable and comprehensive approach. This book comprehensively analyses the actual causes and the extent of the problem as well as the possible solution spaces. On the one hand, the use of orphan works must not lead to a de facto expropriation of their creators. On the other hand, the accessibility of copyrighted material for intellectual discussion by the public is of great importance for the common good. The author points to solutions which, with moderate adjustments of European law, allow a use of orphan and out of print works on a wider scale while complying with the international legal framework.