tag:blogger.com,1999:blog-5574479.post5570261339661799100..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Have EU orphans found a caring home?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-17423143507145709582012-10-30T14:17:17.979+00:002012-10-30T14:17:17.979+00:00I agree that there are some elements of the Direct...I agree that there are some elements of the Directive which may need clarification by the CJEU, but we have to wait for the enabling legislation from the Member States first before having a true picture of where the loopholes are likely to be. There is quite a lot of appreciative margin built into the Directive. <br />I'm not sure why Merpel is perplexed by Article 2(1). Surely during the 70 year period following the death of the author, the new rights owner may well be identified (for instance in a will) but unlocatable through the sort of sources identified in the Annex to the Directive because those sources are largely concerned with recording authors rather than their heirs. I imagine that the collecting societies would have a good idea of how prevalent this scenario is. Andy Jnoreply@blogger.com