March 3, 2021

Just Released Report: “Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works”

The following report was posted earlier today on the Harvard University Institutional Repository (DASH).

Title

Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works

Author

David Hansen
University of North Carolina at Chapel Hill School of Law

Editors

Kyle Courtney
Harvard Office for Scholarly Communication

Peter Suber
Harvard Office for Scholarly Communication

Peer Review Panel

Robert Darnton is the Carl H. Pforzheimer University Professor and Emeritus University Librarian at Harvard University

Peter Hirtle is a Research Fellow at the Berkman Center for Internet & Society, Harvard University, and a Senior Policy Advisor to Cornell University Library

John Palfrey is the Head of School at Phillips Academy, Andover and a Director of the Berkman Center for Internet & Society, Harvard University

Nancy Sims is the Copyright Program Librarian at the University of Minnesota Libraries

Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and a Professor of Information Management at the University of California Berkeley

From the Report

No provision of U.S. law speaks directly to orphan works. There are, however, many legal defenses and risk management strategies that libraries and archives can use to provide open access to orphan works. A handful of those defenses and strategies, such as fair use, are currently used in practice. This report shines a light on the large number of other, underexplored legal defenses and risk management strategies available to libraries and archives.

Direct to Full Text Report (124 pages; PDF)

See Also: Harvard OSC Orphan Works  Project Website

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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