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Orphan Workspresented by Ali Accarino
Orphan Work:
A copyrighted work (book, music, film, photo, record,
etc.) whose copyright owner cannot be found or is not
easily found
History
1976 Copyright Act
Eliminated any formal registration requirements for a copyright
Included an extension of the duration of the copyright protection
Led to a proliferation in orphan works
1976
Sonny Bono Copyright Term Extension Act
Extended copyrights for an additional 20 years, so that it lasts for the life span of the creator and an additional 70 years after their death
Allowed libraries and archives to use a work without permission if the work is not otherwise being used for commercial exploitation and not available at a reasonable price
1998
Public Domain Enhancement ActIntroduced in House of Representatives in 2003
Reintroduced in 2005
Did not pass
Would have released some orphan works into the public domain if the copyright owners did not renew their copyright 50 years after the work was first released and then every 10 years after
2003 2005
Copyright Office Orphan Works Study
Issued a Notice of Inquiry and asked the public to submit comments about orphan works
Conducted 3 roundtable discussions
Issued report in January of 2006
Concluded that orphan works are an issue that needs to be dealt with legislatively
2005
Legislation
Orphan Works Act of 2006 was introduced in the House
Provided a limitation on remedies for when the copyright holder cannot be found
Bill was withdrawn in September 2006
2006
In 2008 the Orphan Works Act was introduced in the House and the Shawn Bentley Orphan Act was introduced in the Senate
Both called for similar things
Neither were passed before the end of the session, nor were they reintroduced in the next session
Legislation
2008
Book Search Settlement
Current settlement allows Google to sell orphan works
If passed, everyone would be able to access previously untouchable orphan works, but Google would have a monopoly and complete control over all orphan works
2009
Critical Analysis
Book Search Settlement
- James Grimmelman, “ACS Issue Brief on Google Book Settlement”
Book Search Settlement
- Lateef Mtima & Stephen Jamar, “Re: The Authors Guild et al. v. Google, Inc. Case No. 1:05 cv 8136 (S.D.N.Y)”
Legislation
- Jerry Brito & Bridget Dooling, “An Orphan Works Affirmative Defense to Copyright Infringement Acts”
Legislation
- Mark Dery, “works--progress?”
Legislation
- Lawrence Lessig, “Little Orphan Artworks”
Berne Conventionfor the Protection of Literary and Artistic Works
Signed in 1886 by the most prominent countries of the time
Stipulates that copyright ownership must be automatic (meaning it should not involve registration)
U.K. Orphan Works Model
The Treasury Department published a report in 2005 about Intellectual Property
Recommended that the UK Intellectual Property Office should clearly define what qualifies as a “reasonable search”
Should also established voluntary register of copyright
Canadian Copyright ActThe Canadian Copyright Board examines a user’s search process and issues a non-exclusive copyright license and collects a licensing fee that is sent to the relevant creator’s collecting society
If the artist or author is not traced or identified within 5 years, the fee can be used by the collecting society for the benefit of its general membership
So... what should happen to all of the orphan works in the
United States?