October 24, 2014

New Research Paper: “How Fair Use Can Help Solve the Orphan Works Problem”

share save 171 16 New Research Paper: How Fair Use Can Help Solve the Orphan Works Problem

Title

How Fair Use Can Help Solve the Orphan Works Problem (Draft Version)

Author

Jennifer M. Urban
University of California, Berkeley – School of Law

Source

Berkeley Technology Law Journal, Vol. 27, 2012
UC Berkeley Public Law Research Paper

Abstract

Many works that libraries, archives, and historical societies, among others, would like to digitize and make available online are “orphan works,” that is, works for which the copyright holder either is unknown or cannot be located after a diligent search. Encountering orphan works can be stymieing because the lack of an owner means that there is no way to obtain permission to use them. While Congress nearly passed legislation to deal with the orphan works problem in 2008, its ultimate failure to enact this bill has left those who possess orphan works in limbo. Because of the risk of high statutory damages if an owner later shows up, nonprofit libraries and similar institutions have been reluctant to digitize these works and offer them to the public. The orphan status of these works thus creates a barrier to access to important cultural and historical information despite recent improvements in digitization technologies that could bring these works out of obscurity and make them much more widely useful. As such, there is international consensus that the “orphan works problem” must be addressed.

Link to Full Text Article

share save 171 16 New Research Paper: How Fair Use Can Help Solve the Orphan Works Problem
Gary Price About Gary Price

Gary Price (gprice@mediasourceinc.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at Ask.com, and is currently a contributing editor at Search Engine Land.