October 5, 2015

Library Copyright Alliance Submits Reply Comments to US Copyright Office Regarding Orphan Works

From the Library Copyright Alliance (ARL, ALA, and ACRL):

The Library Copyright Alliance (LCA) today filed reply comments (PDF) with the US Copyright Office in response to the office’s October 22, 2012, Notice of Inquiry (NOI) about the current state of play with orphan works and mass digitization.

LCA reviewed the comments filed to date and concluded that “the significant diversity of opinion expressed in the initial comments submitted in the response to the Copyright Office’s Notice of Inquiry Concerning Orphan Works and Mass Digitization indicates that it will be extremely difficult to forge a consensus approach to these issues. In light of these fundamental disagreements, LCA recommends that the Copyright Office pursue non-legislative solutions such as continuing to make the Copyright Office records more accessible. Moreover, the Office should seek to bolster fair use in both judicial and international fora. If the Copyright Office does decide to recommend a legislative solution, the only approach likely to achieve consensus is, as we suggested in our initial comments, a one sentence amendment to 17 U.S.C. § 504(c)(2) that grants courts the discretion to reduce or remit statutory damages if the user conducted a reasonably diligent search prior to the use.”

Read the Full Text of the LCA Comments (12 pages; PDF)

Read All Other Comments Submitted to U.S. Copyright Office

See Also: U.S. Copyright Offices Continuing Work on Orphan Works Problem With Public Inquiry (October 20, 2012)

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.

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