Orphan Works
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Transcript of Orphan Works
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Orphan Orphan WorksWorksOrphan Orphan WorksWorks
presented by Ali Accarinopresented by Ali Accarinopresented by Ali Accarinopresented by Ali Accarino
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Orphan Work:Orphan Work:Orphan Work:Orphan Work:
•A copyrighted work (book, music, film, photo, record, etc.) whose copyright owner cannot be found or is not easily found
•A copyrighted work (book, music, film, photo, record, etc.) whose copyright owner cannot be found or is not easily found
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HistoryHistoryHistoryHistory
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1976 Copyright Act1976 Copyright Act1976 Copyright Act1976 Copyright Act
Eliminated any formal registration requirements for a copyright
Included an extension of the duration of the copyright protection
Led to a proliferation in orphan works
Eliminated any formal registration requirements for a copyright
Included an extension of the duration of the copyright protection
Led to a proliferation in orphan works
1976
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Sonny Bono Copyright Term Sonny Bono Copyright Term Extension ActExtension Act
Sonny Bono Copyright Term Sonny Bono Copyright Term Extension ActExtension Act
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
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
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
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
1998
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Public Domain Enhancement Public Domain Enhancement ActAct
Public Domain Enhancement Public Domain Enhancement ActAct
Introduced in House of Representatives in 2003
Reintroduced in 2005
Did not pass
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
Introduced in House of Representatives in 2003
Reintroduced in 2005
Did not pass
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
20032005
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Copyright Office Orphan Works Copyright Office Orphan Works StudyStudy
Copyright Office Orphan Works Copyright Office Orphan Works StudyStudy
Issued a Notice of Inquiry and asked the public to submit comments about orphan works
Conducted 3 roundtable discussions
Issued report in January of 2006
Concluded that orphan works are an issue that needs to be dealt with legislatively
Issued a Notice of Inquiry and asked the public to submit comments about orphan works
Conducted 3 roundtable discussions
Issued report in January of 2006
Concluded that orphan works are an issue that needs to be dealt with legislatively
2005
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LegislationLegislationLegislationLegislationOrphan Works Act of 2006 was introduced in the House
Provided a limitation on remedies for when the copyright holder cannot be found
Bill was withdrawn in September 2006
Orphan Works Act of 2006 was introduced in the House
Provided a limitation on remedies for when the copyright holder cannot be found
Bill was withdrawn in September 2006
2006
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In 2008 the Orphan Works Act was introduced in the House and the Shawn Bentley Orphan Act was introduced in the Senate
Both called for similar things
Neither were passed before the end of the session, nor were they reintroduced in the next session
In 2008 the Orphan Works Act was introduced in the House and the Shawn Bentley Orphan Act was introduced in the Senate
Both called for similar things
Neither were passed before the end of the session, nor were they reintroduced in the next session
LegislationLegislationLegislationLegislation
2008
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Book Search Book Search SettlementSettlement
Book Search Book Search SettlementSettlement
Current settlement allows Google to sell orphan works
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
Current settlement allows Google to sell orphan works
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
2009
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Critical Critical AnalysisAnalysisCritical Critical AnalysisAnalysis
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Book Search Book Search SettlementSettlement
Book Search Book Search SettlementSettlement
- James Grimmelman, “ACS Issue Brief on Google Book Settlement”
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Book Search Book Search SettlementSettlement
Book Search Book Search SettlementSettlement
- Lateef Mtima & Stephen Jamar, “Re: The Authors Guild et al. v. Google, Inc. Case No. 1:05 cv 8136 (S.D.N.Y)”
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LegislationLegislationLegislationLegislation
- Jerry Brito & Bridget Dooling, “An Orphan Works Affirmative Defense to Copyright Infringement Acts”
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LegislationLegislationLegislationLegislation
- Mark Dery, “works--progress?”
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LegislationLegislationLegislationLegislation
- Lawrence Lessig, “Little Orphan Artworks”
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Berne ConventionBerne Conventionfor the Protection of Literary and Artistic Worksfor the Protection of Literary and Artistic Works
Berne ConventionBerne Conventionfor the Protection of Literary and Artistic Worksfor the Protection of Literary and Artistic Works
Signed in 1886 by the most prominent countries of the time
Stipulates that copyright ownership must be automatic (meaning it should not involve registration)
Signed in 1886 by the most prominent countries of the time
Stipulates that copyright ownership must be automatic (meaning it should not involve registration)
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U.K. Orphan Works ModelU.K. Orphan Works ModelU.K. Orphan Works ModelU.K. Orphan Works Model
The Treasury Department published a report in 2005 about Intellectual Property
Recommended that the UK Intellectual Property Office should clearly define what qualifies as a “reasonable search”
Should also established voluntary register of copyright
The Treasury Department published a report in 2005 about Intellectual Property
Recommended that the UK Intellectual Property Office should clearly define what qualifies as a “reasonable search”
Should also established voluntary register of copyright
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Canadian Copyright ActCanadian Copyright ActCanadian Copyright ActCanadian Copyright ActThe 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
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
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
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
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So... what should So... what should happen to all of happen to all of
the orphan works the orphan works in the United in the United
States? States?
So... what should So... what should happen to all of happen to all of
the orphan works the orphan works in the United in the United
States? States?
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