Guidance

Orphan works diligent search guidance

Updated 26 November 2021

© Crown copyright 2021

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/orphan-works-diligent-search-guidance-for-applicants/orphan-works-diligent-search-guidance

Introduction

Orphan works are copyright works where one of more of the rights holders are unknown or cannot be located. If you want to use a work within copyright you must, with a few exceptions, seek the permission of the relevant right holder who may include the creators and/or publishers. It is not normally possible to reproduce the work if the right holder/s cannot be found.

Under UK law, if you have completed a diligent search to try to identify and located the right holder, you may make an application for an orphan works licence. All diligent searches should check the orphan works register for the UK licensing scheme.

This guidance provides an aid to conducting a diligent search. It explains what is involved in a diligent search, what you should consider in advance, and provides a non-exhaustive list of additional sources. It also explains how to submit the evidence to the authorising body, which is the UK Intellectual Property Office (IPO), prior to a licence being considered. Where there are multiple right holders, a diligent search is needed for each right holder where the right is relevant to the proposed use. The diligent search will need to be carried out to the satisfaction of the authorising body.

The object of the diligent search will depend on your proposed use of the work, as in every copyright work there are different rights. For example, in a film, there are the rights of the principal director, the author of the screenplay, author of the dialogue and composer of the music. There may also be other underlying rights within the film, such as the designers of the sets, costumes and other visual aspects of the films, as well as the performers. These rights are not necessarily all controlled by the same right holder or may have more than one right holder. Only the right holder who controls the relevant rights can grant a licence which will cover a particular use. The aim of the diligent search is to find the right holder who controls the appropriate rights. A diligent search should be appropriate to the orphan works, or to an orphan right within the work, depending on your proposed use.

Another factor that will affect the search is whether the work has been published. The rights in unpublished works generally belong to the creator, or their heirs if they have died. As with any other copyright work, you will also need to gain permission from any relevant known and locatable right holder in order to avoid copyright infringement. The authorising body can only license for unknown or unlocatable right holders. Where you have located some but not all the right holders, the works are considered partial orphan works.

To avoid unnecessary delay in the process, you will not need to obtain these permissions before making an application. This can be done at the same time as applying for a licence for the orphan right/s. Where you have obtained permissions before you make your application for an orphan works licence, details should be included to support the application. You might find the right holder through the diligent search, in which case the work is not an orphan and you should seek a licence or permission from the right holder.

There is no set procedure to follow for a diligent search, as it will depend on the information available: you need to show that the search was diligent. You should consider multiple sources where possible. Some sources will not be relevant to every search. To assist you, some example diligent searches are available in the diligent search guidance collection.

This guidance has been developed through extensive dialogue with working professionals with expertise in conducting diligent searches to locate right holders in different sectors. There is guidance for film, music and sound; literary works; and still visual art. It is not possible to list every source, nor will every source be relevant to every search. For example, where a work is known to be unpublished, in general you would not need to make use of sources for published works unless you knew the right holder had published other material.

Before completing a diligent search, you should first consider the following issues relating to the work, the rights within the work and the right holder/s.

If you are an archive, you might also find it helpful to look at the guidance on orphan works published by The National Archives.

Why do you want to use this particular work?

The orphan works licensing scheme provides a legal process to reproduce works where the right holder is unknown or unlocatable. Conducting a diligent search takes time and there may be costs related to it. You may wish to consider why you want to use a particular work and consider if there is a substitute available for which the right holder is known and locatable.

The first step is whether it is reasonable to assume that the work is still within copyright. If copyright has expired, the work can be used freely. To determine if a work is within copyright, you should consider:

  • the type of work
  • when the work was first created, published or performed
  • the estimated age of the work
  • if it is known whether the right holder is alive or when they died

The term of protection or duration of copyright varies depending on the type of copyright work. The rules are set out in a copyright notice on the duration of copyright.

Who are the right holders?

The right holder is a person or legal entity entitled to permit or prohibit the use of the work. You may not always know the name of the creator, but there may be crucial information on the work itself, for example, an acknowledgement or an attribution in the credits or metadata, or other information appearing with the work. The context of the work might help point you towards a possible right holder. For published works, you will probably know the name of the author and publisher.

There may be multiple rights within a work, each with its own right holder. The right holder might not always be the creator: for example, if the work was produced by an employee in the course of their employment, or the rights have been assigned or transferred to someone else. More information about transferring copyright is available in our copyright notice on assignment.

Locatable rights holders may have information on the unlocatable rights holders: for example, a publisher might hold details for an author.

If you find out that the author is deceased, the copyright could have been passed onto the estate or next of kin. If the copyright owner dies without a will (intestate) and without entitled blood relatives (kin), their property is known as bona vacantia. In such cases you can contact the Treasury Solicitors who act for the Crown to administer the estates.

If the work is a translation, there may be copyright in it. If you wish to use the translation, the consent of the right holders of both the source work and the translation would be needed.

Some works might have no name attached as the creator, or authors may publish under more than one variant of their legal name. They may also publish under a pseudonym which will need to be investigated.

If there is evidence that the right holder is outside the UK, searches of the equivalent sources in this guidance should still be conducted in those countries. See the section on right holders outside the UK.

Where did you find the work?

The provenance of the work (where it was found and its history) could also provide valuable information on the right holder. Any organisation which holds the work may have this information in its records. There may be other useful clues within the work which help to date it.

Has the work already found to be orphan?

Before starting any diligent search, you should refer to the orphan works register to see if a previous diligent search has been completed on the work or right holder.

Has the work been published, broadcast or performed?

If the work has been made available to the public on the internet, made accessible to the public or published/broadcast/performed at any time, then publishers and collective management organisations may have relevant information. For unpublished works, you need to consider the information available within the work and where it was found.

If you make an application to the orphan works licensing scheme, you need to submit a report of the search for each right holder to support the application, as evidence that this has been completed. This must include a narrative of how the search was conducted including the sources checked. Failure to include enough information will result in the authorising body requesting further information and will delay your application. A checklist is available to help you in the diligent search guidance collection, although a clear report of the search is also acceptable. Project EnDOW is aimed at supporting cultural heritage institutions and allows diligent search reports to be completed and compiled online. The National Archives has also published guidance for archives on orphan works and the re-use of public sector information.

There is no set way to conduct a diligent search as this will depend on the information available on the work. Below is a list of actions that you will usually need to take.

Actions to take

You must complete and submit a diligent search report with each application in .pdf format.

You will need to maintain a record of the diligent search. If you are successful in obtaining a licence, this evidence should be retained by you (or the relevant licensee) for a minimum of eight years.

Other supporting evidence such as correspondence should also be retained.

If possible, you should contact the creator of the work. If the creator is not the right holder, they might know who holds the rights.

You should attempt to consult multiple sources to validate information.

When you consult the most appropriate sources to search for a particular work, you might uncover further information on the right holder. This new information could be used to check other sources which were previously ruled out.

Other issues to consider

When the person or company believed to be the right holder has been located but fails to respond to your efforts to obtain permission, the right or work cannot be declared orphan. It is the right holder’s choice not to respond to you.

The authorising body cannot decide disputed cases of copyright ownership. This should be resolved between the relevant parties through negotiation, mediation, or the courts.

There may be some costs associated with searching some of the suggested sources.

Sources for all works

You should always check the orphan works register as part of a diligent search, but all other sources will depend on what is appropriate for the work, the right holder and the relevant right.

Orphan works register

If the work or right holder is licensed on the orphan works register, a diligent search would already have been completed and may still be valid for you to rely on, even if it was carried out by someone else.

The provenance of a work

There can be valuable information on any right holder in the place it was found, as orphan works can be found anywhere. This can help you to narrow down the search for the right holder or provide vital information on where to search.

For example, if the work is held by a museum/library/website then information or records on the right holder and any permissions might be known by these organisations. However, this is not always the case, especially if the works were donated by a person who was not the right holder. If the work is in a private archive or collection, the archivist might hold some records.

General internet searching

A general web search can be a useful tool at the beginning of a search or when new information is discovered. You need to take care when using search engines and the terms that are used as they can produce different results. For example, it may not be enough to just search the right holder name but include working or family relationships when known. You should check multiple pages of results from a search engine.

The following search websites could prove useful, but you will need to search multiple sources to verify that the information is accurate: Google, Bing, Wikipedia, or people search sites like LinkedIn or 192.

When using search engines for visual works, they do not distinguish between legitimate and infringing items, so you might need to check whether it had permission to be online. In addition, search results will prioritise hi-resolution images rather than the one you may be interested in.

Advertising for a possible right holder

This can be a useful avenue to bring attention to the work to identify right holders. Advertisements or articles could be included in newspapers or media relevant to community groups such as radio stations or social media channels.

The Copyright Hub is a creative industry led project that seeks to be a central source of information about rights ownership with connections to a wide range of websites, digital copyright exchanges and databases in the UK and around the world. It aims to facilitate licences for consumers and businesses to purchase.

Tracing heirs to an estate

If a creator is known or believed to be dead, the following sources can help you to trace the heirs to the estate, as well as the date of death if this is not known.

Digitised newspaper archives

These may contain a death notice and/or obituary. A growing number of websites provide access to digitised newspapers and online access. Some may be subscription only. The Gazette is freely accessible online and carries some probate notices, full address and date of death.

Some libraries have newspaper collections. You can search the Discover directory at The National Archives to find other libraries and local archives that hold newspaper collections. Regional newspaper collections are held in:

Genealogy sites

There are several sites that contain records of births, marriages and death that can help you find a right holder’s history and trace family members who could hold the copyright. Libraries are held at places like the Society of Genealogists. Commercial websites have access to different sets of records, such as Ancestry and Findmypast. The National Archives also provides genealogy guidance.

Searching for wills or testaments

England and Wales

For deaths after 1857 you can request a probate record online for a fee, which will provide a copy of probate and the will, if relevant. You will need the correct full name of the deceased person and the year from which the search is to begin (normally the year of death). The National Probate Calendar is an index to probate; some years are available on commercial genealogy sites for a subscription. The full calendar can be viewed in London in the Royal Courts of Justice, and the last 50 years are also available at District Probate Registries. The National Archives can assist for wills between 1384 and 1858.

Scotland

Testaments 1514-1925 have been digitised and can be viewed at the National Records of Scotland, where you can also check testaments 1926-1999 using the Calendar of Confirmations. Testaments after 1999 may be held by the Scottish Courts and Tribunals Service or Registers of Scotland.

Northern Ireland

For deaths before 1858, you can complete a name search at the Public Record Office of Northern Ireland (PRONI). Will Calendars can be searched for 1858-1965. Probate records can be searched via the Department of Justice with data since 1986, for a fee.

Treasury Solicitors (Bona Vacantia)

Bona vacantia is the name given to ownerless property which passes to the Crown by law. The Treasury Solicitors act for the Crown to administer the disposal of assets of people who die without a will (intestate) and without known blood relatives (kin). They also collect the assets of dissolved companies and other ownerless goods in England and Wales.

Search archives

The National Archives is the official archive and publisher for the UK Government, and for England and Wales. The Discovery platform brings together various archive information to help you locate a suitable archive. Archives in London and the M25 area are collated by AIM25. The Archives Hub brings together information about archives within higher education institutions.

Sources for unpublished works

In the case of unpublished works, it is likely that you will know little about the creator. If the work is by a known published creator, or by a well-known figure, then you will need to refer to the sources in the relevant published work sections. If the creator is less well-known or unknown, you will need to consider the information available within the work to judge which additional sources would be most appropriate.

In particular, the provenance of the work will help direct the search. Credits, acknowledgements or other information embedded in the work may assist, or there may be clues in the actual work to help provide dates or date ranges.

Sources for sound recordings

This section is split between music where there is a composition, printed sheet music, and other sound recordings such as oral histories and natural science. It provides information on the sources that must be considered.

Sources for music (with composition)

Producers’ Associations

For published works, Producers’ Associations might hold information on the right holder or might even hold the rights themselves. They may also be able to forward information and requests to the creator or right holder. For sound recordings, information might be found with

Databases of film or audio heritage institutions and national libraries

For sound recordings, information might be found with:

Databases of relevant standards and identifiers

Depending on the type of work there are international identifiers that are attributed. The International Standard Audiovisual Number (ISAN) is a voluntary numbering system for the identification of audiovisual works. The International Standard Music Work Code (ISWC) is a unique identifier for musical works that are registered. They do not incorporate information about the work’s region, creator or publisher; rather they are issued in sequence when registered. They identify works, not recordings.

To identify recordings, the International Standard Recording Code (ISRC) is an international standard code for uniquely identifying sound recordings and music video recordings. An ISRC code identifies a particular recording, not the work (composition and lyrical content). Different recordings, edits and remixes of the same work should each have their own ISRC code.

The International Standard Music Number (ISMN) is a unique number for the identification of all notated music publications (sheet music). The Music Publishers Association (MPA) is the approved issuer of ISMN numbers in the UK and Ireland.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

  • PRS for Music, including the Mechanical Copyright Protection Society (MCPS) - a society of songwriters, composers and music publishers. They license the use of members’ musical compositions and lyrics when they are played in public, broadcast on radio or TC, use on the internet, or copied onto physical products such as CDs or DVDs
  • PPL - licenses the use of recorded music where played in public, broadcast on radio or TV, or used on the internet, on behalf of record companies and performers
  • Video Performance Limited (VPL) - licenses music videos when they are played in public or broadcast on TV. Although technically a separate company, VPL operates under the same management as PPL and you will need to contact PPL

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. Published works often contain information on the creator, date of publication and publisher. Acknowledgements sections may also help to identify joint authors.

If the work contains the publisher’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading.

Databases of representative groups

If the name of the creator or right holder is known, these organisations may hold relevant information

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Online databases and catalogues

Information on published works could be available for those on sale on online databases and catalogues such as Amazon, YouTube Music, Apple iTunes, Spotify and other platforms. This may include information on the creator and dates of publication, although multiple sources should be checked to verify information.

Sources for printed sheet music

For printed sheet music you may want to consider the following sources in addition to those for music (with composition).

Music publishers

The publisher is likely the best place to start as it is likely they will either hold the rights or have contact details for the creator. The Music Publishers Association (MPA) has a list of members on its website, although not all publishers will be a member. The Wise Music Group lists international publishers of sheet music and songbooks.

It is a legal requirement that any person or group publishing in print should submit a copy to the British Library and to make available copies for the other legal deposit libraries (the Bodleian Libraries of the University of Oxford; Cambridge University Library; the National Library of Scotland; the National Library of Wales; and the Library of Trinity College, Dublin).

Online databases and catalogues

If the work was published, a library could hold further information on the right holder. Specialist music librarians may be able to give further direction. The Henry Watson music library (run by Manchester City Council) also has an extensive collection of printed sheet music and resources.

There is a consolidated online catalogue of UK academic and specialist libraries (Library Hub Discover) which brings together the catalogue records of many major libraries and makes them easily searchable, including by music notation and sound recording. WorldCat offers a large network of library content and services to search collections.

Zinfonia combines information direct from hire/rental and sale catalogues in one place, providing information and links for thousands of composers, titles and publishers. The British and International Music Yearbook (book published annually) provides information on the classical music industry including publishers, music suppliers, agents, composers and performances. Musicpages provides a comprehensive music and performing arts directory.

Music information centres

For classical and contemporary sheet music, regional music centres hold sheet music available to purchase and could have information on possible right holders

Specialist music suppliers

The creator of the music might be known to music suppliers of specific instruments, for example the London Guitar Studio for guitar and related music, or Southern Percussion for percussion music. The British and International Music Yearbook may also include relevant suppliers.

Sources for other sound recordings (oral histories and natural science)

Producers’ Associations

For published works, Producers’ Associations might hold information on the right holder or might even hold the rights themselves. They may also be able to forward information and requests to the creator or right holder. For sound recordings, information might be found with

Databases of representative groups

If the name of the creator or right holder is known, these organisations may hold relevant information

Online databases and catalogues

Information on published works could be available for those on sale on online databases and catalogues such as Amazon, Apple iTunes and other platforms. This may include information on the creator and dates of publication, although multiple sources should be checked to verify information.

Sources for films

For films, you are advised to first search for the right holder with the licensing body at the production company level such as a studio sales agent, distributor, broadcaster or producer. If there is no trace of the right holder then you should try to identify the film author (producer and director).

Sources at production company level

Producers Associations

For published works, Producers’ Associations might hold information on the right holder or might even hold the rights themselves. They may also be able to forward information and requests to the creator or right holder. For sound recordings, information might be found with

Databases of film or audio heritage institutions and national libraries

Information might be found with

Databases of relevant standards and identifiers

The International Standard Audiovisual Number (ISAN) is a voluntary numbering system for the identification of audiovisual works. It provides a unique, internationally recognised and permanent reference number for each audiovisual work registered in the system.

The Entertainment Identifier Registry (EIDR) is a universal unique identifier system for movie and television assets.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. Published works often contain information on the creator, date of publication and publisher. You should look for studio, distributor or a production company named within the work. If the film is a documentary, you should check whether it was financed by a known company or a charitable organisation.

If the work contains the producer’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading. The Charity Commission holds information on charities.

Films contain several different rights held by different people, including the director, producer, actors and composer. There may be acknowledgements or permissions within the credits of the work which will give you details of these right holders.

Databases of representative groups

Actor and trade associations may be useful to contact. If the name of the creator or right holder is known, these organisations may hold relevant information

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Sources at film author level

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. Published works often contain information on the creator, date of publication and publisher. You should look for studio, distributor or a production company named within the work. If the film is a documentary, you should check whether it was financed by a known company or a charitable organisation.

If the work contains the producer’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading. The Charity Commission holds information on charities.

Films contain several different rights held by different people, including the director, producer, actors and composer. There may be acknowledgements or permissions within the credits of the work which will give you details of these right holders.

Databases of representative groups

Membership organisations may be useful to contact. If the name of the creator or right holder is known, these organisations may hold relevant information. However, you will also need to consider if there is evidence that the person made a career in a different role on other productions. If so, you can try other relevant guilds or unions.

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Online databases and catalogues

Information may also be found at the following

Sources for stage plays, radio plays and audio books

For stage plays, radio plays and audio books, there will be a right holder for the written work such as the script (see sources for books). This section provides additional source in finding the right holder for the performance.

Sources for stage plays

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. This should include referring to any programme notes from productions.

If the work contains the producer’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading.

Agents

Agents representing actors and writers have a trade association, the Personal Managers’ Association (PMA). The Association of Talent Agents (ATA) may also be helpful.

Drama publishers

If a play is published, some rights may be with the publisher. A few publishers specialising in drama are

Databases of representative groups

Actor and trade associations may be useful to contact. If the name of the creator or right holder is known, these organisations may hold relevant information

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Sources for radio plays

Many radio plays are produced and broadcast by the BBC so they would hold information relating to the performers. The BBC regional offices can be contacted on its website, or by post at Radio Rights Department, New Broadcasting House, London W1A 1AA.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. This should include referring to any programme notes from productions.

Databases of representative groups

AudioUK is a trade body that represents the interests of the independent radio producers of the UK.

Sources for audio books

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the sound recording itself. This should include referring to any notes published alongside the audio book.

Other possible sources

  • the author and/or agent of the book - they may know whether the rights are still with the producer or have reverted
  • the adapter of the book for audio - they may have rights in an adaptation or abridgement
  • the producer - they have rights in the production
  • the actor/reader - generally, the actor/reader assigns their rights in the performance to the producer, but this should be verified
  • the publisher - the Publishers Association has an Audio Publishers Group and could provide pointers
  • identifier - the work may have an ISBN number separate from the print and eBook editions which will help identify the publisher

Sources for books

Publishers’ and Authors’ Associations

For published works, the publisher might hold information on the right holder or might even hold the rights themselves. They may also be able to forward information and requests to the creator or right holder. For literary works, information might be found with

It is a legal requirement that any person or group publishing in print should submit a copy to the British Library and to make available copies for the other legal deposit libraries (the Bodleian Libraries of the University of Oxford; Cambridge University Library; the National Library of Scotland; the National Library of Wales; and the Library of Trinity College, Dublin).

Databases of relevant standards and identifiers

Depending on the type of work there are international identifiers that are attributed. The International Standard Book Number (ISBN) applies to books published after 1967. It identifies the title to which a work is assigned and provides details of the publisher.

The International Standard Text Code (ISTC) is a numbering system for the unique identification of text-based works. ISTC numbers can be attached to individual items of content included in printed books, eBooks, audio books, newspapers, journals etc. as well as to book-length works.

The International Standard Name Identifier database searches multiple databases to identify contributors to creative works and those active in their distribution, including researchers, inventors, writers, artists, visual creators, performers, producers and publishers.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder, including clues within the text itself. Published works often contain information on the creator, date of publication and publisher. An ‘about the author’ section can also provide biographical detail, academic affiliations and place of residence. Acknowledgements or permissions sections may also help you to identify joint authors or licensed works.

If the work contains the publisher’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading. Up to date contact details of UK book publishers are included in The Writers’ & Artists Yearbook or an internet search could find the contact details.

Authors sometimes use pseudonyms when publishing works. There are websites and reference books identifying pseudonymous authors:

  • Author and Book Info
  • Tom Folio
  • Trussel aka
  • A Dictionary of Literary Pseudonyms in the English Language, Edited T J Carty, 2nd edition, Routledge 2000
  • Dictionary of Pseudonyms: 13,000 Assumed Names and Their Origins, Adrian Room, 5th edition, McFarland & Co 2010
  • Pseudonyms and Nicknames Dictionary, Jennifer Mossman, 3rd edition, Gale Research Co 1987

Agents

Authors who are commercially published are often represented by a literary agent. Agents also represent literary estates. If an author/estate is represented by an agent, the author should normally be contacted via the agent. In some cases agents represent pseudonymous authors whose identities are not publicly known. The Association of Authors’ Agents (AAA) may be able to help trace the agent for an author or literary estate.

Databases of representative groups

If the name of the creator or right holder is known, these organisations may hold relevant information

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Online databases and catalogues

The Public Lending Right (PLR) register allows authors to register their works to receive payment for the loans of their books by public libraries. The UK PLR office is part of the British Library. PLR will not have records for the estate of an author who died before 1982.

The Virtual International Authority Files (VIAF) combine multiple name authority files into a single Online Computer Library Centre. An authority file is a process that organises library catalogue and bibliographic information by using a single, distinct name for each topic. The service matches and links widely-used authority files and makes that information available on the web.

There is a consolidated online catalogue of UK academic and specialist libraries (Library Hub Discover) which brings together the catalogue records of many major libraries and makes them easily searchable, including by music notation and sound recording. WorldCat offers a large network of library content and services to search collections.

The Author and Book Info database is a private project with information on authors which can help to establish whether copyright has expired by cataloguing authors’ dates of death.

The National Poetry Library holds contact information on poetry publishers, magazines, websites and writers’ groups, which it will make available on request. There is also a forum-based way to search for lost quotations.

The Books in Print database combines bibliographic information designed specifically to find books that are in commerce via traditional publishing channels.

If the work is an academic or scientific study, websites such as Crossref and PubMed may help in finding other works by the same author.

Frankfurt Rights is an online platform to acquire subsidiary book rights and permissions that holds records of many published works.

Information on published works could be available for those on sale on online databases and catalogues such as Amazon, Google Books, Apple iBooks store and other platforms. This may include information on the creator and dates of publication, although multiple sources should be checked to verify information.

Biographical directories can also have useful information and usually require subscriber access. For example, Who’s Who and the Oxford Dictionary of National Biography.

Sources for newspapers, magazines, journals and periodicals

Newspapers, magazines, journals and periodicals will most likely contain multiple contributors. You will need to identify the correct right holder for the contribution that is required.

Material in commercial magazines, periodicals and newspapers may have been written by staff journalists, freelance journalists or other contributors, or republished from another serial publication. This is important as it will relate to who owns the copyright.

For staff journalists, unless their contract of employment states otherwise:

  • works published since 1 August 1989 are normally the property of the employer
  • works published between 1 June 1957 and 31 July 1989 are owned by the publisher in respect of publication ‘in any newspaper, magazine or similar periodical’; however, the author (or estate) retains the copyright in respect of any other use
  • works published between 1 July 1912 and 31 May 1957 are owned by the employer, but the author retains the right to prevent the works being published in any form other than as part of a newspaper, magazine etc.
  • Works published before 1 July 1912 are owned by the publisher, but any potential user also needs the permission of the author of their estate
  • rights in works published before 1 July 1884 will have reverted to the author’s estate

For freelance journalists and other contributors, the copyright belongs to the author, but

  • for works published since 1995, it is necessary to contact the author to discover if they hold the copyright or whether they assigned it to the publisher or elsewhere
  • for works published pre-1995, the author usually granted a licence for the first publication and retained copyright

You should also be aware that notices on online archives of newspapers and magazines that state that copyright belongs to the publisher may refer to the typographical arrangement of the website and not the content.

Databases of relevant standards and identifiers

Depending on the type of work there are international identifiers that are attributed. The International Standard Serial Number (ISSN) is a unique eight-digit number used to identify periodical publication. Many but not all serials (including newspapers and magazines) have an ISSN. The ISSN Register is not freely available on the internet but is available by subscription. The ISSN number can be used in other types of searches on databases and catalogues as an additional search query.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Databases of representative groups

If the name of the publisher, creator or right holder is known, these organisations may hold relevant information

Online databases and catalogues

The Public Lending Right (PLR) register allows authors to register their works to receive payment for the loans of their books by public libraries. The UK PLR office is part of the British Library. PLR will not have records for the estate of an author who died before 1982.

There is a consolidated online catalogue of UK academic and specialist libraries (Library Hub Discover) which brings together the catalogue records of many major libraries and makes them easily searchable, including by music notation and sound recording. WorldCat offers a large network of library content and services to search collections.

If the work is an academic or scientific study, websites such as Crossref and PubMed may help in finding other works by the same author.

Sources for still visual art

This section covers fine art, photography, illustration, design, architecture and sketches. The guidance is divided into standalone works of art and embedded works of art (artistic works included within other works).

The context of the work can often provide clues for where to search for right holders. For example, consider if the image is a news picture, historic, fashion, portrait or travel related.

There are specific websites that deal with these areas. The British Association of Picture Libraries and Agencies (BAPLA) has information on its website of suppliers by category.

Sources for standalone works of art

Commercial photography agencies and libraries

The British Association of Picture Libraries and Agencies (BAPLA) is the trade association for picture libraries, including the major news, stock and production agencies, sole traders and cultural heritage institutions. BAPLA has created an orphan works request form to assist you which is available on its website.

Other useful sites include Photo Archive News, Stock Photography Direct and Press Photo History Project.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder. The work might contain the name of the creator or agency, captions, blind stamp or a wet stamp. It might also have information on when and where the image was published. If the work was first published overseas, there may be information about the original publisher and date within the work.

If the work contains the publisher’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading.

If the work has been digitised it should contain metadata which could identify the creator. The Jeffrey Image Metadata Viewer is a free online tool that assists in the verification of photos as it displays date, time and location data for the photo.

Sometimes metadata could be missing so image recognition software could be a useful tool. If the metadata is missing from a digital image, you will need to take particular care when conducting the diligent search.

There may be information in the photograph that will allow you to narrow the search. For example, a military photograph might provide information on an army regiment and uniform changes can be used to help date it.

Databases of representative groups

If the name of the creator, publisher or right holder is known, these organisations may hold relevant information.

WATCH database

The Writers, Artists and their Copyright Holders (WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Online databases and catalogues

The Plus Registry contains information on an image or image licence. It also provides contact details for artists, right holders, licensors, licensees and archives.

Watermark search/image recognition

Digital works may contain a digital watermark embedded in the work to identify ownership of copyright. Software is available to assist in searching for a watermark or image recognition.

Web-based applications to carry out a reverse image search include PicScout and Tineye.

Sources for embedded works of art

These sources relate to published books to assist you in locating right holders of embedded artistic works within other works. In particular, this covers artistic works in books, and, if needed, the author of the book. The sources for books will be the starting point. For works embedded in periodicals, the sources for newspapers, magazines, journals and periodicals should be the starting point.

Commercial photography agencies and libraries

The British Association of Picture Libraries and Agencies (BAPLA) is the trade association for picture libraries, including the major news, stock and production agencies, sole traders and cultural heritage institutions. BAPLA has created an orphan works request form to assist you which is available on its website.

Other useful sites include Photo Archive News, Stock Photography Direct and Press Photo History Project.

Databases of relevant Collective Management Organisations

Collective Management Organisations (CMOs, also known as Collecting Societies) may have membership information on a right holder.

These CMOs may hold information regarding the relevant right holder, in particular relating to the reproduction rights. A full list of CMOs is available online.

Credits and other embedded information

Credits, embedded information and metadata might provide clues to the name or location of the right holder. The work might contain the name of the creator or agency, captions, blind stamp or a wet stamp. It might also have information on when and where the image was published. If the work was first published overseas, there may be information about the original publisher and date within the work.

If the work contains the publisher’s business address, you should check this in case they have gone out of business. If this is the case, refer to the Firms out of Business (FOB) database which may tell you if the business was bought by anyone else. Companies House also holds information on companies trading or no longer trading. Up to date contact details of UK book publishers are included in The Writers’ & Artists Yearbook or an internet search could find the contact details.

Authors sometimes use pseudonyms when publishing works. There are websites and reference books identifying pseudonymous authors:

  • Author and Book Info
  • Tom Folio
  • Trussel aka
  • A Dictionary of Literary Pseudonyms in the English Language, Edited T J Carty, 2nd edition, Routledge 2000
  • Dictionary of Pseudonyms: 13,000 Assumed Names and Their Origins, Adrian Room, 5th edition, McFarland & Co 2010
  • Pseudonyms and Nicknames Dictionary, Jennifer Mossman, 3rd edition, Gale Research Co 1987

Databases of representative groups

If the name of the creator, publisher or right holder is known, these organisations may hold relevant information.

Illustration organisations

Other relevant organisations

WATCH database

The Writers, Artists and their Copyright Holders WATCH) database contains contacts for writers, artists and prominent figures in other creative fields. It will not always contain pseudonyms or variant forms of names.

Online databases and catalogues

The Plus Registry contains information on an image or image licence. It also provides contact details for artists, right holders, licensors, licensees and archives.

If the work is an academic or scientific study, websites such as Crossref and PubMed may help in finding other works by the same author.

Illustration portfolios

Collections of works from an illustrators might be held within portfolios or awards information.

Right holders outside the UK

Where there is evidence to suggest that the right holder may be outside the UK, you will need to conduct a diligent search in sources relevant to that country.

Some of the sources already listed are international in scope (such as international identifiers). However, a diligent search will also need to consult sources such as collective management organisations or representative associations, where possible.

The World Intellectual Property Organisation (WIPO) maintains a directory of national intellectual property offices.

There are international organisations for Collective Management Organisations which may help locate details of CMOs in individual territories:

The following sources may also hold relevant information.

Film, music and sound

Literary works

Still visual art

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