Re: more on orphan works

[Walter Dufresne <wdufresne@xxxxxxxxxxxxxxxxx>]

I'd like to see a more clearly codified set of requirements,  
something more than trivial, something that constitutes genuine  
*diligence* and that truly respects the intellectual property of  
creators.  Something structured along the lines of the identification  
requirements for a new passport:  applicants accrue more points by  
showing such things as a state-issued photo identification card,  
fewer points by showing an old baptismal certificate.  Get to enough  
points, and you've been diligent.

Genuine diligence will be, for some segment of the public, burdensome  
and onerous.  There's no underestimating the ease and convenience  
sought by some members of the public, and some publishers, when using  
others' property, but I'm indifferent to that desire.

Going in the other direction, the DMCA requirements for getting a web  
host to take down pirated work published by their customers are, in  
my experience, rigorous and respectful of the rights of all parties.   
I ask that we ask no less from would-be users of orphan works.

Respectfully,
==============================================
 Walter Dufresne, adjunct assistant professor
Advertising Design and Graphic Arts Department
  New York City College of Technology / CUNY
   300 Jay Street, Brooklyn, NY  11201-2983
==============================================
31 Montgomery Place, Brooklyn, NY  11215-2342
 tel:  +1.718.622.1901  fax:  +1.718.789.1452
     e-mail:  wdufresne@xxxxxxxxxxxxxxxxx
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