New from Berkeley Digital Library Copyright Project: Third White Paper on Causes of the Orphan Works Problem
Released today by the The Orphan Works and Mass Digitization Symposium: Obstacles and Opportunities begins tomorrow at Claremont Hotel, Berkeley CA. Here’s the agenda.
White Paper #3 was released today by the Berkeley Digital Library Copyright Project.
Orphan Works: Causes of the Problem
Berkeley Digital Library Copyright Project White Paper No. 3
David Robert Hansen
University of California, Berkeley – School of Law
The orphan works problem can be traced in part to several recent changes in the way copyright law grants rights to owners and in the way that users consume copyrighted works. Broadly defined as the situation where the owner of a copyrighted work cannot be located by someone who wishes to make use of the work in a manner that requires authorization, the problem of orphan works may have existed in theory since the first copyright laws came into effect. But in recent years, at least four developments have exacerbated the problem: (1) the elimination of copyright formalities, (2) the progressive extension of copyright terms, (3) technological advances that allow authors to create and preserve more copyrightable works, and (4) technological changes in the way users access and consume copyrighted works, especially in the shift from print to digital. This paper seeks to familiarize the reader with these developments and the ways that they have brought the orphan works issue to the forefront.
Download Full Text (via SSRN)
See Also: “Orphan Works: Mapping the Possible Solution Spaces”
Paper No. 2
See Also: “Orphan Works: Definitional Issues”
Paper No. 1
About Gary Price
Gary Price (firstname.lastname@example.org) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. He earned his MLIS degree from Wayne State University in Detroit. Price has won several awards including the SLA Innovations in Technology Award and Alumnus of the Year from the Wayne St. University Library and Information Science Program. From 2006-2009 he was Director of Online Information Services at Ask.com. Gary is also the co-founder of infoDJ an innovation research consultancy supporting corporate product and business model teams with just-in-time fact and insight finding.