Abstract
An orphan work is a copyrighted work for which is difficult or impossible to contact the copyright holder. The out-of-print works are copyrighted works not commercially available, as declared by the appropriate right holders, regardless of the existence of tangible copies of the work as normally understood. Both of the categories pose a number of problems related to the balance between the protection of the rights of the authors (or in general the copyright owners) and the access of public to original creations (as landmark of all copyright law). The paper examine different national solutions concerning the orphan works and out-of-print works.
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