Finding a Home for Orphan Works: Will a Human Rights Perspective Help?
Copyright has traditionally been considered as a right that has a social function. Thus, among the various justifications for its existence, it is the utilitarian or instrumentalist justification that has often been hoisted in order to assess how well it serves the needs of society. From its inception as a concept, copyright has been justified as a necessary evil that, to quote Macaulay, “ought no
