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Report on Orphaned Works

By: Marybeth Peters

...aordinary. We received over 850 written comments, most of which were filed by individuals who have concerns about the use of orphan works. As you know... ...rks whose owners cannot be located. I write to support such an undertaking by your office. As established by Section 104 of the Sonny Bono Copyright T... ...g copyright law creates a limitation on exclusive rights for reproductions by libraries and archives of works during the last 20 years of any term of ... ...s by users other than such library or archives. Section 108(h), in other words, allows use of a work without permission by libraries and archives i... ...cribed, explained, illustrated, or embodied in such work.” 122 In other words, copyright extends only to the expression contributed by the author,... ...erein. While copyright prevents a user from simply duplicating the exact words of the author, it does allow that user to restate the ideas, methods,... ...ated by the Copyright Office: for example, they advocated publication of lists of all works as they were about to fall into the public domain; 210 ... ...ices” for searches in particular industries. 263 These would consist of lists of resources that should be searched in order to conduct a “reasonab... ...d publish such filings? For instance, would the Copyright Office publish lists of these notices on a regular basis, similar to the lists of notice...

...t addresses the issue of “orphan works,” a term used to describe the situation where the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has made a reasonably diligent effort to find the owner, if the owner is not found, the user faces...

...Many commenters were in favor of determining whether a search was reasonable on an “ad hoc” or case-by-case basis, whereby each search is evaluated according to its circumstances. This approach was offered as having the advantage of flexibility to cover the wide variety of situations that depend on the type of work and type...

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Report on Orphan Works

By: Library of Congress

...aordinary. We received over 850 written comments, most of which were filed by individuals who have concerns about the use of orphan works. As you know... ...rks whose owners cannot be located. I write to support such an undertaking by your office. As established by Section 104 of the Sonny Bono Copyright T... ...g copyright law creates a limitation on exclusive rights for reproductions by libraries and archives of works during the last 20 years of any term of ... ...s by users other than such library or archives. Section 108(h), in other words, allows use of a work without permission by libraries and archives i... ...cribed, explained, illustrated, or embodied in such work.” 122 In other words, copyright extends only to the expression contributed by the author,... ...erein. While copyright prevents a user from simply duplicating the exact words of the author, it does allow that user to restate the ideas, methods,... ...ated by the Copyright Office: for example, they advocated publication of lists of all works as they were about to fall into the public domain; 210 ... ...ices” for searches in particular industries. 263 These would consist of lists of resources that should be searched in order to conduct a “reasonab... ...d publish such filings? For instance, would the Copyright Office publish lists of these notices on a regular basis, similar to the lists of notice...

... addresses the issue of “orphan works,” a term used to describe the situation where the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has made a reasonably diligent effort to find the owner, if the owner is not found, the user fa...

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