"The proposed Orphan Works Directive is fundamentally flawed. It will not help to make entire library collections available online. While orphan works are a real problem, they are only a part of a much larger obstacle to creating an online library: the inability to clear copyrights on a very large scale. Had the Commission addressed that obstacle, it would have killed two birds with one stone: facilitating mass rights clearance would have taken care of the orphan works issue as well. But by focusing exclusively on the latter, libraries will only be able to disseminate small parts of their collections online. It would take too long and be too costly to obtain prior authorisation for all works in their collections.

The problem that stands in the way of online libraries, in essence, is that copyrights have to be cleared prior to use and on an individual scale. Therefore, collective management and licensing would have been a more fruitful avenue to explore. Extended collective management seems particularly promising, as it allows collective licences to be concluded even on behalf of rightsholders who are not represented by a CMO." (A. Ringnalda)