Subject: [Fwd: [ALA-WO:98] Copyright Office Notice of Inquiry on Orphan Works] From: "Olga Francois" <ofrancois@xxxxxxxx> Date: Thu, 03 Mar 2005 09:42:24 -0500 |
-------- Original Message -------- Subject: [ALA-WO:98] Copyright Office Notice of Inquiry on Orphan Works Date: Tue, 01 Mar 2005 14:32:23 -0500 From: ALAWASH E-MAIL <ALAWASH@xxxxxxxxxxx> To: ALA Washington Office Newsline <ala-wo@xxxxxxx>
ALAWON: American Library Association Washington Office Newsline Volume 14, Number 17 March 1, 2005
In This Issue: Copyright Office Notice of Inquiry on Orphan Works - Your Input Requested
Background: What do you do if you can't find the copyright holder of a work (say a photograph, article, or film clip) that you want to use in a book or a web site? In an attempt to solve this all-too common problem, the Copyright Office issued a Notice of Inquiry on January 26, 2005 (http://www.copyright.gov/fedreg/2005/70fr3739.html) soliciting advice on the problem of "orphan works" - copyrighted works whose owners are difficult or even impossible to find. The Notice of Inquiry provides an important opportunity to those who are interested in using materials created since 1923 because recent legislation (most notably the Berne Convention Implementation Act of 1988 and the Sonny Bono Copyright Term Extension Act of 1998) have made the status of these materials increasingly ambiguous.
Action Requested: An important element to the filings before the Copyright Office on orphan works will be information concerning the experiences that users and institutions have faced when seeking permission to use a copyrighted work. The more information that can be provided concerning difficulties you have faced in seeking permissions will bolster our arguments about the need to change the law.
We would appreciate your input to the following questions prior to March 16, 2005. Comments are due on the Notice of Inquiry by March 25, 2005. Responses to the following questions may be sent to Carrie Russell (crussell@xxxxxxxxxxx).
1) Can you provide specific examples of difficulties that you have faced in identifying and locating copyright owners when seeking permission for copyrighted works? If possible, please include the type of work and its intended use (e.g., photograph, book, article, film clip), the amount of time taken for each search, and whether or not you were able to obtain permission for use of the work.
2) How often is identifying and locating the copyright owner a problem?
3) Are difficulties often encountered even after the copyright owner is identified? If so, please explain.
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