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Report on Orphaned Works

By: Marybeth Peters

...ngton, DC 20559-6000 • (202) 707-8350 January 23, 2006 Dear Chairman Hatch and Senator Leahy: Thank you for your request of the Copyright Office to st... ...works. As you know, the roundtable discussions we held in Washington, D.C. and California were well-attended, and the participants engaged in thoughtf... ...would be happy to discuss the Report with you or your staff. Respectfully, Marybeth Peters Register of Copyrights Enclosure The Honorable Orrin G. Hat... ..........................................................69 1. Statutes and Regulations................................................................... ...Office should have authority to embody guidelines in more formal, binding regulations to provide certainty, we were surprised to hear that most user ... ...to hear that most user groups – whom we thought would desire more certain rules for searches – opposed the Copyright Office issuing rules related to... ...e thus similar to section 108(h) and section 115. They establish default rules for resolving where the termination notice may be served, and rely o... ...ce received a joint petition from representatives of copyright owners of sports programming (‘‘Joint Sports Claimants’’) and motion pictures and s... ...t.gov/carp/ cable–rate–petition.pdf. As part of the joint petition, Joint Sports Claimants and Program Suppliers request that their ‘‘petition and ...

...This Report addresses the issue of “orphan works,” a term used to describe the situation where the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has made a reasonably diligent effort to find the owner, if the owner is not found, th...

...rcumstances. This approach was offered as having the advantage of flexibility to cover the wide variety of situations that depend on the type of work and type of use involved. Several others were in favor of a “formal” approach, whereby the copyright owner is required to maintain his contact information in a centralized location, and a user need only search those centraliz...

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  • Cover Image

Report on Orphaned Works

By: Marybeth Peters

...ngton, DC 20559-6000 • (202) 707-8350 January 23, 2006 Dear Chairman Hatch and Senator Leahy: Thank you for your request of the Copyright Office to st... ...works. As you know, the roundtable discussions we held in Washington, D.C. and California were well-attended, and the participants engaged in thoughtf... ...would be happy to discuss the Report with you or your staff. Respectfully, Marybeth Peters Register of Copyrights Enclosure The Honorable Orrin G. Hat... ..........................................................69 1. Statutes and Regulations................................................................... ...Office should have authority to embody guidelines in more formal, binding regulations to provide certainty, we were surprised to hear that most user ... ...to hear that most user groups – whom we thought would desire more certain rules for searches – opposed the Copyright Office issuing rules related to... ...e thus similar to section 108(h) and section 115. They establish default rules for resolving where the termination notice may be served, and rely o... ...ce received a joint petition from representatives of copyright owners of sports programming (‘‘Joint Sports Claimants’’) and motion pictures and s... ...t.gov/carp/ cable–rate–petition.pdf. As part of the joint petition, Joint Sports Claimants and Program Suppliers request that their ‘‘petition and ...

...This Report addresses the issue of “orphan works,” a term used to describe the situation where the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has made a reasonably diligent effort to find the owner, if the owner is not found, th...

...t for a user to qualify for the orphan works limitations on remedies: throughout the use of the work, the user must provide attribution to the author and copyright owner of the work if such attribution is possible and as is reasonably appropriate under the circumstances. The idea is that the user, in the course of using a work for which he has not received explicit permiss...

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