Orphan Works
The term "orphan work" is used to describe a situation where it is difficult or impossible to contact the copyright holder of a copyrighted work. This situation can arise for many reasons. The author could have never been publicly known because the work was published anonymously or the work may have never been published at all. Even if the author is known, the copyright may have been transferred to a relative, estate, or publisher. Nearly any work where a reasonable effort to locate the current copyright owner fails can be considered orphaned.
Should you use an orphaned work? Quite simply, you should balance your need against the potential risk of being sued by an unidentified rights holder. In addition, before using the work you might also consider these alternatives:
Fair Use
Consider the "potential market" for the work in question, and the possible harm to that market caused by your use of the work. If you discover that there is no way to acquire the proper permissions, you should reevaluate the fourth factor in the fair use analysis. You may find that this factor now weighs in favor of fair use. For more information, see Fair Use.
Locate Alternatives
Can you locate a similar source with an identifiable copyright holder? If so then contact that rights holder and seek out the appropriate permissions. Or, you might also be able to locate an equivalent source that is in the public domain.
Rethink Your Intended Use
Rather than use the entire work can you cite a small portion of the work or even paraphrase relevant points? Relying on quotations, paraphrasing, and proper citation methods can often help you avoid the copyright permissions process altogether.
Some Suggested Resources
International Copyright
According to the U.S. Copyright Office:
"There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country."
Copyright questions that pertain to works created in other countries are notoriously difficult to research. This is largely due to the fact that each country has different laws; and, in some cases, different languages.
In an effort to provide some clarity, many countries have joined the Berne Convention for the Protection of Literary and Artistic Works. The Berne Convention was first adopted in 1886 as an agreement to honor the rights of all authors who are citizens of countries that have joined the convention.
For a summary of the rights provided by the Berne Convention, please see the UK Copyright Service Fact Sheet.
First Step
If you plan to reproduce a significant portion of an author's work, your first step in any country is to locate the rights holder of the work in question and ask for permission. For additional information on this process, please see the Columbia University Copyright Advisory Office page.
Before embarking on an international copyright permissions project, please consider these alternatives:
Fair Use
Locate Alternatives
Rethink Your Intended Use