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Monday, May 10, 2004

More on Kahle v. Ashcroft

Rihcard Koman, Free the Orphans: A Look at the Case of Kahle v. Ashcroft, O'Reilly Network, May 6, 2004. Koman relates an anecdote of an editor who wanted to republish some journal articles, but the copyright holder was deceased and his heirs could not be located. Such works are the "orphans" referred to in the title; "works that would have gone out of copyright when their creators failed to renew a copyright claim under the old law but which are now kept in prolonged copyright" (as a result of the Copyright Act of 1976's elimination of copyright renewal.) That forms the basis of the Kahle case, as it challenges the constitutionality of such "automatic, implicit copyright."