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.
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The complete article may be read at the URL above.
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David Dillard
Temple University
(215) 204 - 4584
jwne@temple.edu
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