The abstract does a good job in setting the scene to a quite complex situation concerning copyright and orphan works, an issue that can impede digitalization and access to cultural heritage, especially within the multimedia realm. The European Union has sought to simplify matters with regulation, but it appears that institutions are hesitant to describe such a remedy as being sufficient for all situations, especially within the intersection between public and private sector actors, where this article focusses.

The article provides a good description of the problem, both for a legal audience as well as an interested sector participant, noting that the potential for post-action copyright claims and costs from latterly identified heirs, successors and rights owners is concerned. Whilst there might not be a commercial imperative for many orphan works, once they have been digitised and made available for free by institutions it may awaken interest in some quarters, whether with justification or avarice. The issue is well-defined and referenced sufficiently, avoiding the risk of over-complicating matters with legal jargon, thanks to a clear, engaging and nuanced use of language. The impact of implementing digitalization and distribution – two distinct and different actions – is considered in detail.

Overall, the examination of the situation and its conclusion has been made in a careful, proactive and sensitive way, seeking to examine a complex situation and identify its current effects, challenges, needs and possibilities. The authors suggest that the existing regulatory environment is not sufficient to encourage mass digitalization projects by cultural institutions, indicating that additional action may be necessary, particularly as many works can be endangered if their carrier (e.g. gramophone record, nitrate film, etc.) is damaged or unreproducible. It should not be sufficient to merely rescue the material for a format conversion before being locked up again in an institution where there has been no commercial interest in this activity by the rights owner or licensor.

To conclude, this is an interesting, promising article that synthesises current issues and concerns together and suggests a course of action to provide impetus for further, significant digitalization and possible cultural rescue.