Friday, January 28, 2005
Copyright and Orphan works
One of the issues debated in Australia in the wake of the FTA with the United States has been the problem of "orphan works" - works still in copyright but no longer exploited, which are banished to Limbo (in the ancient meaning of that term) until they finally fall gasping into the public domain. It's one of the costs of copyright term extension that more and more of these orphan works are created.
Well, the Copyright Office over in the US is apparently going to have an inquiry on the issue. This will be something to watch. If they were (god forbid) to come up with some proposals to fix the problem, maybe we could get those happening here too......
Here's the Notice from the Copyright Office:
"COPYRIGHT OFFICE ANNOUNCES ORPHAN WORKS STUDY (70 FR 3739)
The Copyright Office seeks to examine the issues raised by "orphan works," that is, copyrighted works whose owners are difficult or even impossible to locate. Uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating them in new creative efforts or making such works available to the public. The Copyright Office requests written comments from all interested parties on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory, or other solution, and if so, what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders. Comments are due by 5:00 p.m. EST on March 25, 2005. For detailed information on submission requirements and further information, go to the Copyright Office website at http://www.copyright.gov/fedreg/2005/70fr3739.html"
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