Orphan Works @ Berkeley - audio record

From: Christine L. Sundt <csundt[_at_]darkwing.uoregon.edu>
Date: Wed, 17 Aug 2005 17:25:01 -0400

Thanks to the technical staff at the University of California at Berkeley School of Law (Boalt Hall), the proceedings of the Orphan Works Roundtable that took place on August 2, 2005 (mirroring the two-day Roundtable meeting in Washington, DC, on July 26 & 27, 2005), are available for listening (mp3 files) from the school's website (http://www.law.berkeley.edu/institutes/bclt/ ). The day's proceedings are packaged in five parts covering the four main topics identified by the Copyright Office for discussion: Topic 1: Identification of Orphan Works
a. The "due diligence"/"reasonable efforts" search approach and standard.
b. The role of registries of copyright ownership information and/or uses of purported orphan works.
c. Inclusion or exclusion of unpublished works. d. Other threshold requirements, such as age of works, types of works, types of users, types of uses.
Topic 2: Consequences of an "Orphan Works" Designation

a. The "limitations on remedies" approach.
b. The exemption and public domain approaches.
c. Payment of fees or escrow by the user.
d. Other conditions/obligations on the user (e.g. time limits, notice,

registration).
e. Reliance (or "piggybacking") on previous searches by subsequent users.
Topic 3: Reclaiming Orphan Works
a. The consequences of owner reappearance for uses in the process of being prepared for exploitation (whether derivative uses or other uses in preparation), and for ongoing exploitations. b. The burden of proof in litigation, on issues such as the reasonableness of a user's search.
c. Statutory damages and attorneys fees. d. Rights in derivative works based on an orphan work. Topic 4: International Issues
a. Compliance of various alternatives with the Berne Convention prohibition against formalities.
b. Compliance of various alternatives with TRIPS/Berne "three-step" test for limitations or exceptions.
c. Exclusion of foreign works from the orphan work definition. d. Gathering information on experience in other countries with orphan works issues. The roundtable might also take up other issues not encompassed by the above agenda if time permits.

Christine L. Sundt
Visual Resources Curator
University of Oregon
Architecture & Allied Arts Library
Lawrence Hall - Room 300
1190 Franklin Boulevard
Eugene, OR 97403-5239 - U.S.A.

v: 541/346-2209
f: 541/346-2205
email: csundt[_at_]uoregon.edu (or csundt[_at_]mindspring.com) Copyright & Art Issues - http://uoregon.edu/~csundt/copyweb/ Received on Thu Aug 18 2005 - 01:25:01 GMT