Orphan Works


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Orphan Works

  1. 1. Orphan Works <ul><li>presented by Ali Accarino </li></ul>
  2. 2. Orphan Work: <ul><li>A copyrighted work (book, music, film, photo, record, etc.) whose copyright owner cannot be found or is not easily found </li></ul>
  3. 3. History
  4. 4. 1976 Copyright Act <ul><li>Eliminated any formal registration requirements for a copyright </li></ul><ul><li>Included an extension of the duration of the copyright protection </li></ul><ul><li>Led to a proliferation in orphan works </li></ul>1976
  5. 5. Sonny Bono Copyright Term Extension Act <ul><li>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 </li></ul><ul><li>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 </li></ul>1998
  6. 6. Public Domain Enhancement Act <ul><li>Introduced in House of Representatives in 2003 </li></ul><ul><li>Reintroduced in 2005 </li></ul><ul><li>Did not pass </li></ul><ul><li>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 </li></ul>2003 2005
  7. 7. Copyright Office Orphan Works Study <ul><li>Issued a Notice of Inquiry and asked the public to submit comments about orphan works </li></ul><ul><li>Conducted 3 roundtable discussions </li></ul><ul><li>Issued report in January of 2006 </li></ul><ul><li>Concluded that orphan works are an issue that needs to be dealt with legislatively </li></ul>2005
  8. 8. Legislation <ul><li>Orphan Works Act of 2006 was introduced in the House </li></ul><ul><li>Provided a limitation on remedies for when the copyright holder cannot be found </li></ul><ul><li>Bill was withdrawn in September 2006 </li></ul>2006
  9. 9. <ul><li>In 2008 the Orphan Works Act was introduced in the House and the Shawn Bentley Orphan Act was introduced in the Senate </li></ul><ul><li>Both called for similar things </li></ul><ul><li>Neither were passed before the end of the session, nor were they reintroduced in the next session </li></ul>Legislation 2008
  10. 10. Book Search Settlement <ul><li>Current settlement allows Google to sell orphan works </li></ul><ul><li>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 </li></ul>2009
  11. 11. Critical Analysis
  12. 12. Book Search Settlement - James Grimmelman, “ACS Issue Brief on Google Book Settlement”
  13. 13. 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)”
  14. 14. Legislation - Jerry Brito & Bridget Dooling, “An Orphan Works Affirmative Defense to Copyright Infringement Acts”
  15. 15. Legislation - Mark Dery, “works--progress?”
  16. 16. Legislation - Lawrence Lessig, “Little Orphan Artworks”
  17. 17. Berne Convention for the Protection of Literary and Artistic Works <ul><li>Signed in 1886 by the most prominent countries of the time </li></ul><ul><li>Stipulates that copyright ownership must be automatic (meaning it should not involve registration) </li></ul>
  18. 18. U.K. Orphan Works Model <ul><li>The Treasury Department published a report in 2005 about Intellectual Property </li></ul><ul><li>Recommended that the UK Intellectual Property Office should clearly define what qualifies as a “reasonable search” </li></ul><ul><li>Should also established voluntary register of copyright </li></ul>
  19. 19. Canadian Copyright Act <ul><li>The 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 </li></ul><ul><li>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 </li></ul>
  20. 20. So... what should happen to all of the orphan works in the United States?