Abstract

Orphan works are copyright-protected works whose holders cannot be located. The solutions to enable access to these works include the use of fair defence, the extended collective licensing regime, the scheme for reappearing copyright holders, and the blockchain-based system. None of these options, however, have included an open innovation framework as part of the solutions. Therefore, this paper aspires to explore the suitability of Chesbrough's open innovation concept. This paper discusses two underlying theories for the exploitation of the orphan works and further highlights the suitability of the open innovation concept based on the said theories. This paper further argues that the open-innovation based model is suitable for the exploitation of the orphan works because it may encourage grassroots innovations and promote sustainable economic growth through one of open innovation's mechanisms, IP licensing.

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