Since the introduction of the Digital Economy Bill, DACS has positioned itself as a candidate to run an extended licensing scheme for orphan works. The proposed legislation, if adopted, will give the Secretary of State the power to grant authorisation to a third-party organisation to license specific orphan works.

An orphan work is a creative work whose author cannot be identified or found. The Digital Economy Bill, introduced to the House of Lords last November, will allow, among other things, organisations such as the British Library to use and exhibit millions of orphan art works it possesses in its archives. However, photographers argue, the proposed legislation will also give a blank cheque to commercial entities to use orphan works for a minimal fee and without the author's consent.

The use of orphan works would take place in extended licensing schemes, which DACS has proposed to run for visual artists such as photographers. Last December, the organisation welcomed the Government's proposals, "in particular the provisions for the modernisation of the copyright licensing system and access to orphan works."

DACS chief executive Gilane Tawadros added: "While we support the Government's move to unlock access to the millions of orphan works in the UK, we are keen to ensure that in the implementation of the law, that the administrative expertise and transparency of collecting societies is not overlooked in ensuring efficient management of such systems."

However, photographers have remained cautious about DACS's involvement, prompting the organisation to contact BJP in a bid to reassure them. "Copyright in their work is of immense significance to visual artists and DACS believes that legislative interventions must always respect this significance," a spokeswoman tells BJP.

"DACS believes that collective licensing has a place where it delivers revenues back to rightsholders from activities which do not compete with a rightsholder's primary market interests, and where it is impractical, for reasons of cost and time, to license works individually," it adds. "DACS considers rightsholders' interests paramount in determining the legitimacy of any extended collective licensing scheme envisaged by clause 42 of the Digital Economy Bill. Such collective schemes must not damage primary markets, existing or emergent. Only those organisations which are genuinely representative of the class for which authorisation is sought should be permitted to operate such schemes."

DACS says it represents more than 60,000 visual artists across the UK.

The spokeswoman says: "DACS is concerned about any move to allow the licensing of so-called orphan works by those who themselves wish to make use of such works, as it is unclear how and by whom 'orphan' status will be determined. It is also unclear how the value of using such works will be decided and what steps will be taken by such licensees for the identification of rightsholders to whom revenues should be returned."

DACS adds that it will continue to be in close communication with the government and will work "diligently to ensure that the voice of visual artists is heard in these important discussions."

Meanwhile, the Digital Economy Bill has moved to its third reading in the House of Lords, despite the fact that debate on the final amendments was interrupted last Wednesday. According to The Guardian, the bill shoudl move to the House of Commons in the next two and become part of the Parliament's "wash up", a process where both Houses work to pass proposed Bills in the few days before recess. The process will likely start as soon as the Prime Minister calls for a May election.