unearth.wiki

Orphan Work

/ˈɔːrfən wɜːrk/ Legal term for un-ownable property
Definition A copyrighted artifact (digital or physical) whose owner cannot be identified or located. It exists in legal limbo: protected by copyright, but with no one to grant permission for its use. This is the primary legal obstacle to digital preservation.

The Paradox of Abandonment

In the physical world, abandoned property eventually belongs to the finder or the state. In the digital world, copyright lasts for 70 years after the author's death. This creates a vast class of artifacts—old blogs, defunct software, forum posts—that are functionally abandoned but legally untouchable. We call these "Orphan Works."

The Protocol: Good Faith Effort

Since the law (in the U.S. and many jurisdictions) provides no clear solution, Archaeobytologists rely on a risk-managed approach known as the Good Faith Effort:

1. The Search

You must attempt to find the owner. Check WHOIS records, search for the creator's username, and post public inquiries. Document every step.

2. The Calculation

If the owner cannot be found, proceed with preservation under Fair Use, provided:

3. The Escape Hatch

Always include a takedown notice. If the "parent" of the orphan appears, you must be ready to remove the work or negotiate licenses immediately.

Field Notes

The "Petribyte" as Orphan: Most Petribytes (dead, static artifacts) are orphans. Their creators have moved on, lost their passwords, or died. The Archaeobytologist becomes their foster parent, acting in their best interest until the true parent returns (which almost never happens).
Stratigraphy (Related Concepts)
Petribyte Custodial Filter Digital Estate Copyright Gaps