COPYRIGHT LAWS : LIBRARY: COLLECTIONS : LIBRARIES: ELECTRONIC DIGITIZATION PROJECTS: Homes for Copyright Orphans

COPYRIGHT LAWS :
LIBRARY: COLLECTIONS :
LIBRARIES: ELECTRONIC DIGITIZATION PROJECTS: Homes for Copyright Orphans

Homes for Copyright Orphans
By William Jackson, GCN Staff
GCN
05/01/06 issue
<http://www.gcn.com/print/25_10/40582-1.html>

The Copyright Office is proposing legislation that would make it easier for libraries, universities and archives, including the Library of Congress, to digitize collections that contain orphan works.

These orphans are the millions of unidentified but copyright works that are in danger of slipping into obscurity because their owners cannot be found.

Our primary goal is to construct a system that more often brings owners and users together, but still allows use of the work if the owner cannot be found, said Jule Sigall, the Copyright Offices associate register for policy and international affairs.

Orphan works can include anything from untitled photos, artwork from old magazine ads, out-of-print books, antique postcards and obsolete computer programs. Orphans have always been around, but digital technology has made finding a solution to the problem more pressing. Thats because the Internet has increased exposure to and demand for these works, Sigall said.

In January 2005 senators Orrin Hatch (R-Utah) and Patrick Leahy (D-Vt.) asked the Copyright Office to study the problem. After a year of roundtables and comments from stakeholders, the office recommended amending the copyright law to allow use of orphan works if the user is unable to locate the owner after making a reasonable search. If the owner eventually turns up, his remedies would be limited to a reasonable compensation, without the threat of punitive damages or attorneys fees to discourage the user.

The complete article may be read at the URL above.

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David Dillard
Temple University
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Received on Wed May 03 2006 - 01:40:30 GMT