The Copyright Office seeks to examine the issues raised by "orphan works," i.e., copyrighted works whose owners are difficult or even impossible to locate. Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public. This notice requests written comments from all interested parties. Specifically, the Office is seeking comments on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.
Comments are due by March 25. Reply comments are due by May 9.
(PS: The problem of orphan works is a serious one that keeps many works under copyright, or out of the public domain, much longer than necessary. The problem is aggravated by the fact that nowadays every scribble is copyrighted by default and requires no registration or renewal, and even further by the fact that the term of copyright is unconscionably long and likely to lengthened retroactively every decade or two. I support a policy solution through the Copyright Office. But at the same time I put more stock in the legislative solution represented by the Public Domain Enhancement Act and the judicial solution sought in Kahle v. Ashcroft.)
Posted by
Peter Suber at 1/29/2005 09:38:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
