Guidance

Orphan works commercial and non-commercial licences

Published 2 August 2016

© Crown copyright 2016

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-commercial-and-non-commercial-licences/orphan-works-commercial-and-non-commercial-licences

The IPO can issue licences for Copyright: orphan works for use in the UK for both non-commercial and commercial purposes, for up to seven years. Applications can cover up to 30 works, with commercial, non-commercial or both uses for each and every work. Licence fees are kept for eight years in case the right holder comes forward, so applicants have business certainty if they obtain a licence.

Commercial use covers any uses that make money from the work, whether the charges are intended to make a profit or just cover costs. This is the same for all applicants.

1. Non-commercial licences

A non-commercial licence is £0.10 + VAT per work and allows several uses:

  • free hand outs 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

2. Commercial licences

The cost of the licence will depend on how many works you wish to license and what uses you want to make of them. Prices 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 Apply to license an orphan work application. Select the work type and the use, follow the questions and the price will be calculated. This allows you to adjust your application to something that works for you and your budget. 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.

3. What you’ll get

There is plenty of Orphan works guidance to help you make an application. Whether for commercial or non-commercial use, an orphan works licence gives you:

  • certainty, knowing the standard terms and conditions and the cost of the application ahead of time so you can plan your finance arrangements
  • flexibility, allowing you to apply for as many uses you like and only confirming your final requirements when the licence is granted such as when a final edit of a documentary is confirmed
  • peace of mind, as any business risk of rights holders coming forward is eliminated

Orphan works can cover such a variety of copyright works and performances that there is a lot of room for innovation and creativity. If a use you want to make does not appear on the online application form, you can e-mail orphan works licensing to obtain a fee.

Back to top