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

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