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April 13, 2005
CNI briefing session: Orphan Works
One of the most interesting CNI sessions was given by Marybeth Peters, Register of Copyrights at the U.S. Copyright Office. The Copyright Office is examining the issues raised by "orphan works," i.e., copyrighted works whose owners are difficult or impossible to locate. This comes into play when someone is seeking copyright permission to reproduce, digitize, or use a copyrighted work in some other way. Concerns have been raised that the uncertainly about ownership may needless discourage subsequent creators from using such works in new works. Libraries certainly want to make use of such works for digitization; other examples (even more difficult than textual materials) include photographs, documentary films, early musical recordings. Photographic images are particularly problematic, since often there is no attribution of ownership or creation on the item itself, so there is no way to track down the copyright owner.
Ms. Peters stated that all parties concerned--publishers, the copyright office, the Congress, scholars, libraries--acknowledge that there is a serious problem. (It is probably one of the few times that such a diverse group has been in agreement about anything related to copyright.) The Copyright Office is in the midst of a study regarding orphan works, and comments from the public are solicited. After the time of comment is completed the Copyright Office will compile recommendations about potential legislative, regulatory or other solutions.
Posted by tdr at April 13, 2005 03:13 PM
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