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This article serves to identify the flaws in the three-pronged solution to the orphan works problem implemented in the UK. It concurrently questions the compatibility of the UK’s approach with the objectives sought to be achieved by the legislation; namely to ensure legal certainty with respect to the use of orphan works, to facilitate cross-border access to orphan works, to facilitate mass digitisation projects and to ensure that authors’ moral rights remain respected and protected. In addressing these issues, the article seeks to highlight aspects of the UK solution which could be amended in order to ensure that copyright law remains relevant and workable in the digital age, whilst maintaining a fair balance between protecting the interests of right holders and the public.

IT’S A HARD KNOCK LIFE: A CRITIQUE OF THE LEGISLATIVE RESPONSE TO THE ORPHAN WORKS PROBLEM IN THE UK