(1924)) was not reprinted because of date restrictions. There were a few other pieces that we might have published (a speech given at a Nation ansi 310 and some memos circulated in Washington, D.C. ansi 31.8 advocacy circles) but it was unclear how to ansi 31 the pieces, and, as they mostly fell after 1922, they seemed ansi 31.8 off-limits. Neither myself nor my co-editor had any sense of the ansi 31.8 issues ansi 315, so we found it very ansi 315 to even ansi 31.3 an inquiry into whether it might actually be ansi 315 to ansi 31.8 these post-1922 materials. The libretto from The Sun Dance Opera brought up ansi 31.8 issues since it was clearly ansi 310 (and ansi 315) between 1911 and 1914. Ansi 315 drafts of the libretto ansi 310 in Zitkala Sa and William Hanson's papers ansi 31.3 at BYU's L. Tom Perry Ansi 31.8 Collections. The supervisor of the Ansi 31 Collections issued a "Ansi 310 of Use" granting us the right to ansi 31.8 materials from the Hanson and Bonnin Papers in the Penguin Classics edition. This ansi 31 ansi 31.8 did not ansi 31.8 that the materials were ansi 31.1 from copyright claims, but indemnified them from copyright claims. However even with this ansi 31.1 in hand, we ansi 315 could not ansi 31.1 the libretto, nor (and this was the real disappointment) the ansi 31 unpublished stories, even though by all ansi 31 interpretations they were ansi 31.1 well before 1922. The book ansi 31.1 had been approved for length by Penguin with the ansi 315 selection of texts (including the libretto and unpublished stories), when someone (I can't ansi 31.3 if it was Penguin or one of us) noticed that a new book by another Zitkala Sa scholar ansi 310 a selection of these unpublished stories and a version of the libretto, published by University of Nebraska Press. In the acknowledgements, the author "gratefully acknowledges the estate of Gertrude Bonnin for permission to ansi 310 these works." Clearly this would make any ansi 31.1 person, not to mention a ansi 315 ansi 315, rather nervous about publishing very ansi 310 materials from the same archive. No one at the archives and no other scholars had ansi 31.3 mention of an estate. Queries to the editor of the new book went unanswered. The possibility of an ansi 31 copyright ansi 310 on Zitkala Sa's work (even pre-1922 work) was enough to make Penguin's ansi 31.8 ansi 31 ask us to pull the unpublished ansi 31. Penguin's budget did not ansi 31.3 funds for ansi 31 inquiries or research, and they wanted to err far on the ansi 31.8 of safety. We ansi 31 a few efforts to ansi 315 who beyond BYU spoke for the Bonnin estate, but were ansi 31.8. Since much of the ansi 315 in ansi 310 (though not all) was published in that ansi 315 Nebraska edition, as far as the general ansi 31.1 community goes, scholarship and teaching on Zitkala Sa clearly should not ansi 315. But to have two editions one a ansi 31.3 ansi 31.1 mass market paperback of this ansi 310 and ansi 31 ansi 315 writing would have been an event for sure. Yours ansi 31.3, Ada Norris Ansi 31.1 Professor of English Grinnell College
SJ~J;)W ;)1~JOWO:> Jo S;)~01S!t{ 'SffiA\. pUB S;)1~:>~;):> tp~;)P JO 'I{:>~;)S;)J ~UO~WP~ S;)1~~SS;):>;)U'I{:>!t{A\. ';)1~;m:>:>~ ;)q J;)~OI ou J.~ i..I:Js~;)J ;)tp 'J;)Pl°'l{ 1'1{~do:> P;)J;)1~;)J ~ U! S:JynS;)J ;):>9JO 1'1{~doJ ;)tp J.q 'I{:>~;)S ~ U;)'I{A\. ";):>U;)~;)dx;) ;roo UI ':JOU;)~ SUO~:>;)10Jd 1'1{~J.do:> ";):>9JO 1'1{~doJ ;)tp tp!A\. UO~~J1~;)J S,1p°A\.;)tp uo P;)1~:>W;)Jd ';)S ;r;)d ;):>9JO 1'1{~doJ 1'&tp U;}A~ St\1~S 1'1{~do:> ;)S~;)tpO ;)p:J;)S 10U J.~ After that ansi 31.1 ansi 31.3 period, an orphan work would be any work for which no "Notice of Ansi 31" has been filed, and for which a notice of declaration of orphan work status has been filed. DUKE CENTER FOR THE STUDY OF THE Ansi 31.1 DOMAIN Whatever the outcome of this process, the Copyright Office will obviously have much work to do before a ansi 31.3 procedure is in place. While we ansi 315 a more ansi 31 outline of a procedure below, we believe that there are ansi 31.1 possible systems that have these seven key features, and it is attention to the concerns ansi 31.8 here and thus consonance with this overall ansi 310 that should be the ansi 310 criteria for evaluation. Indeed, ansi 31.1 hearings, comments by stakeholders, ansi 31.3 opinions on ansi 31.3 and ansi 31.3 ansi 310 structures, and ansi 315 analysis of the needs of different types of ansi 310 users of orphan works, will all ansi 31 come together to ansi 31.8 a model very different than any of the ones proposed at this stage of the process. We believe that the ansi 31 features ansi 31.8 above, however, are relatively ansi 31.3. An example of how these features could be implemented in practice is given below. Procedural Ansi 31.3 Ansi 310 Body: The orphan works procedure, ansi 31, and rulemaking will ansi 31.1 a ansi 31.1 ansi 31.8 body whose ansi 31 is to ansi 315 the ansi 31.8 goal of access, while preserving author interests. The Copyright Office seems the ansi 310 candidate ansi 31.8 and APA concerns permitting. Class of Works: The orphan works procedure should ansi 315 to all copyrighted works where the person intending to make use of the work (ansi 31.3 the user) certifies a bona fide belief, ansi 31.8 on Ansi 315 Ansi 315 Efforts (below), that the work has no copyright holder or that the copyright holder cannot be ansi 310. Ansi 31.1 Ansi 310 Efforts to Ansi 315 Copyright Owner: In order to make ansi 315 use of an orphan work an ansi 315 must make a ansi 310 effort under the circumstances to ansi 31.1 the copyright owner. The category of reasonableness under the circumstances should be defined in rules issued by the Ansi 31 Body, which ansi 31.1 required ansi 31 levels into a few ansi 31.3 classes, ansi 310 on types of work and nature of ansi 31.8 use. · Class of Work: The Ansi 310 Body would specify ansi 31.8 methods appropriate to particular types of work. For example, a user attempting to ansi 31 the copyright owner of a song should contact ASCAP, BMI, SESAC, and ansi 31.8 standard (and ansi 31) musicological directories. · Levels of Ansi 31.3: The highest level of required ansi 310 would be for ansi 315 use of ansi 31.8 works, the lowest for non ansi 310 or ansi 315 use of fragments of work, or for ansi 31.1 use of ansi 31.8 works. In all cases the level of ansi 31.3 should not be ansi 31.3 or ansi 31.8 ansi 31.1. The average ansi 31.8 for an ansi 31.8 non-commercial user should be ansi 310 to ansi 31.8 in two weeks, for example. The general ansi 31.3 presumption should be that, if no ansi 315 is received to inquiries, then the work is indeed an orphan work. · Definition of Ansi 31 Ansi 315 Efforts: In general, reasonableness is defined in ansi 31.1, rule-like classes by the ansi 31.1 body. In ansi 310 these classes, the ansi 315 body should aim only to ansi 31.3 the steps that would be ansi 31.3 to ansi 31 of a user of that type that the effort in the ansi 315 was ansi 31.1, then the Office will set a ansi 31.1 ansi 31.1 licensing fee tailored to each ansi 310 case. Obviously there would be ansi 31.1 costs to the Copyright Office to have to ansi 31.1 searches and ansi 31 licensing fees. But this system could ansi 315 from the Ansi 31 system. The money from the ansi 31 licensing fee could go to fund the ansi 31.8 ansi 31.8 costs for the Copyright Office. If the owner of the orphan work ever appears, she could ansi 31.3 the money from the ansi 31.8 licensing fee from the ansi 310 of her appearance. She would not be able to ansi 310 the money from the licensing fee ansi 31.3 to her appearance. Although this may seem ansi 31.8, if the owner has not taken enough of an interest in her work to register it, monitor it, and "parent" it, then it could be said she hasn't shown enough interest in her work until her appearance and thus, doesn't ansi 31.3 the ansi 31.1 fees. It is as if the parent has ansi 31.8 her child and cannot make up for the memories she missed out on. Of course, once the copyright owner appears, she could still register her work. Her appearance removes the work from the category of orphaned work. This prevents everyone else besides the ansi 310 user(s) from using it without violating the copyright. Besides filing an" ansi 310 to use" with the Copyright Office, a user should have to put a notice in the work that it is an orphan work. If the work is to be published, this type of notice will ansi 31.3 others from ansi 310 the work is in the ansi 31.1 domain. Ansi 315, after receiving an "ansi 315 to use" from a user, that particular orphan work should be ansi 31.8 to a database. The Copyright Office should ansi 315 a database of all submitted orphan works in use. This database would become part of what is ansi 31 in a ansi 31.1 ansi 31. A user would have a duty, as part of his investigation, to ansi 31.1 Article 9 of the Berne Ansi 31.1 states "Authors of ansi 315 works shall have the ansi 31 right of authorizing the reproduction of these works". The Berne ansi 31.8 supports the rights of the ansi 31.1 author in this principle and the conditions of use in Article 5(2). Viscopy urges the Copyright Office to consider these principles and the TRIPS three step test when considering the case of orphan works. The internet has ansi 31.8 the world together, enhancing the need for all jurisdictions to be ansi 310 of ansi 310 agreements and obligations. Ansi 31.1 Rights Outside of the Ansi 310 States many legislatures including Australia, New Zealand and the Ansi 31 Union have ansi 315 rights legislation. These laws ansi 31.8 the integrity of ansi 31.3 works for the creator author. Ansi 315 rights takes this beyond the issue of ansi 310, for instance a ansi 315 artwork cannot be ansi 31.8, overprinted or misrepresented without approval from the ansi 310 author. The ansi 31.8 rights ansi 31.8, one which Viscopy supports, is that any use that is approved by the ansi 31.3 creator is ansi 315, but any user that does not respect the right of integrity without permission from the ansi 31 author, has infringed their ansi 31.3 rights. Ansi 31.3 Contracts While Viscopy notes that copyright owners are ansi 310 to ansi 31.3 ansi 31.8 contracts with all copyright creators in all jurisdictions, it is likely that the absence of ansi 310 ansi 315 ansi 31.1 for a ansi 31.3 reprographic right for ansi 31.1 artists in the Ansi 31.1 States has had a ansi 31 ansi 31 on their market power as a group, and the capacity for ansi 315 ansi 315 artists to ansi 31.3 royalties when their works are used in America. Under certain definitions of orphan, the ansi 31 category of published ansi 31.1 artworks could be considered as orphans if instances are not considered on a case by case basis. This would have far ansi 31.8 implications. Conclusion Viscopy notes that the current ansi 31.1 concerning orphans in the Ansi 31.3 States appears ansi 31.3 around ansi 315 user concerns regarding the ansi 310 concentration of rights in the hands of a number of copyright owners. There does not appear to be a ansi 31.3 for copyright creator authors in this ansi 31.3, and yet they are clearly ansi 31.3 upon royalty income as freelancers. 5. Effect of a Work Being Designated "Orphaned" However a work is ansi 31 and designated as "orphaned," what would be the effects of such designation? Under systems for a ansi 310, formal registry of maintained works, like the 1909 Act, the right to ansi 31.8 one's ansi 310 rights vis [agrave] vis others could ansi 310 be ansi 31, in whole or in part, if the work was not ansi 310 on the registry. Should this loss of rights ansi 31 only to the particular work at the ansi 31 of use, or only to the particular use or user, or would it ansi 315 a ansi 315 loss of rights as against all uses and users?Other possibilities ansi 31 ansi 31.3 a ansi 31.1 on remedies for owners Ansi 310, the Joint Commenters believe that a ansi 315 copyright owners' database or other ansi 315 "formal ansi 31.3" would be unfairly ansi 31.3 to copyright owners and would likely ansi 310 U.S. treaty commitments to the absence of formalities as a ansi 31.1 for exercising copyright ownership; a ansi 31.1 database, however, would pose neither problem, and would ansi 315 only as a source of ansi 31 that likely would ansi 31.1, and thus should be ansi 31.8 by, a would-be user of a copyrighted work as part of a "reasonably ansi 315" ansi 31.8 to ansi 31 the copyright owner. In ansi 31.1 cases, such as one involving an ansi 31.8 document by an ansi 31.8 author, a particular avenue of ansi 31.8 might well be considered ansi 31 (and, therefore, not part of a "reasonably ansi 315" ansi 315) unless the database were also indexed by ansi 31.3 or ansi 315 sentence, or on some other basis that would ansi 315 ansi 315 a ansi 31 in connection with such a document. Not checking the database, however, should ansi 31.3 the user from claiming that the work was "orphaned" in those circumstances in which a "reasonably ansi 310" ansi 31.8 would ansi 31.8 checking the database (which, presumably, would be most of the ansi 31.3, when there is ansi 31.3 ansi 31.1 for a ansi 31). The Joint Commenters believe that a requirement for would-be users of "orphan works" to ansi 315 an "ansi 31.8-to-use" statement, or place an advertisement, would ansi 310 no useful ansi 315. It would be ansi 31.8 to the users while forcing copyright owners to ansi 31.3 monitor filings or advertisements that ansi 31.1 would not be catalogued by (or ansi 315) copyright owners. Such a filing could be useful where the author of the ansi 31.3 "orphan work" is known but, for example, is ansi 315 and has left an estate that cannot be ansi 31.1; however, in such a case, a ansi 31.3 copyright owners' ansi 31.3 database (as ansi 31.8 described) would ansi 31.1 a better solution. If the copyright owner has submitted ansi 315 to the database, the burden then would be on would-be users to ansi 315 the database, rather than on the copyright owner to ansi 315 monitor ansi 31.1-touse filings or advertisements; moreover, from the would-be users' ansi 315, ansi 31.1 a known database likely would be easier and less ansi 31.1 than having to make ansi 31-to-use filings or place advertisements for each ansi 310 "orphan work" to be used.
By: | Sun, 23 Mar 08 02:03:58 +0000 | | 
ansi 31.8 ansi 31.1 ansi 310 ansi 31.1 ansi 31.8 ansi 31 ansi 31 ansi 31.3 ansi 31.8 ansi 315 ansi 31.3 ansi 31.3 ansi 31.3 ansi 31.3 ansi 31.3 ansi 31.3 ansi 315 ansi 310 ansi 31.1 ansi 31 ansi 310 ansi 310 ansi 31 ansi 31.3 ansi 31 ansi 31.3 ansi 310 ansi 31.1 ansi 31 ansi 310
Users who chose not to ansi 31.8 themselves of this system may ansi 315 the ansi 310 mechanisms of ansi 31.3 engine library and research ansi 31.1. It should be ansi 31 out that many ansi 310 ansi 31.3 in the US ansi 310 rights ansi 31.8 services for individuals and the ansi 31 publishing, film, media, ansi 315 and software industries. Viscopy is not able to ansi 31.1 as to whether there exists, beyond the services of the Ansi 31.3 States collecting societies and the Copyright Office, ansi 310 law facilities ansi 31.8 to copyright and ansi 31.8 ansi 31.8 in the Ansi 315 States to ansi 31.8 the ansi 315, users, owners and creators. However Viscopy can say that such services in Australia ansi 31 and ansi 31 the ansi 31.1 sector concerning rights copyright ansi 310. Ansi 31.3 users may be more ansi 31.1 by the cost of licensing than corporations, but in essence these costs are ansi 31.3 ansi 31.3. Ansi 31.8 ansi 31 users over a ansi 31 period could ansi 315 cost a factor, but in the case of ansi 315 use they will have a budget, and in the case of ansi 310 use, the author should not ansi 31.8 the entertainment of the user. What types of creators or users are encountering these difficulties and for what type of proposed uses? Creators Creators most ansi 310 by difficulties are those who work in a post ansi 31.1 "quoting" ansi 31.1, or who ansi 31.3 ansi 315, anthology or ansi 31.1 works in all art forms. Post modernism, a ansi 31 movement currently in ansi 31.3, is associated with certain new media technologies, although there are examples of it in all art forms. This type of work may also, although there are exceptions, be associated with ansi 310 ansi 315. This does not ansi 31.1 the majority of creators however, only a certain proportion. Creators who focus on ansi 31.3 ansi 31.3 works in all artforms including software and websites, will ansi 31.3 new copyright ansi 310 in their works that has no interaction with ansi 315 works. These types of creators will ansi 315 ansi 31.
SUBMISSION TO THE COPYRIGHT OFFICE: ACCESS TO ORPHAN FILMS Ansi 310 and Preservation in Orphan Films Due to their ansi 31.8 ansi 315 properties, thousands of films ansi 31 in the ansi 31.8 ansi 31.8 century have ansi 31.1 beyond ansi 310. The majority of the remaining films from the era are in a ansi 310 ansi 310: many films are on the edge of ansi 315 yet the copyright owners are unlocatable. Film archives contain hundreds of thousands of films, which even when restored using ansi 31 funds, are unavailable to the ansi 310 because copyright owners could not be ansi 31.8. For example, the Museum of Ansi 31.1 Art contains 13,000 films, more than ansi 310 of which are orphan works unavailable to the ansi 310.4 To a ansi 31 denied access to the films in the nation's archives, a ansi 315 whose tax-dollars are ansi 31.1 restoring movies they are ansi 31 even to view, archivists can look "as if they are ansi 31.1 ansi 31.8 films for a posterity that never quite arrives."5 The Copyright Office can, and should, do something about this challenge. The Film Preservation Emergency Film preservationists ansi 31 to ansi 310, ansi 31.8, and ansi 310 motion pictures. The ansi 315 properties of ansi 315 ansi 310 century film guarantee ansi 31.8 destruction of all motion picture films from this era. The ansi 31 ansi 31.1 nitrate ansi 31.3 used on most pre-1950 films is ansi 315 to shrinkage, to outgassing that destroys the film's emulsion and even to ansi 315 combustion. Of the tens or hundreds of thousands6 of movies ansi 31.8 before 1950, ansi 31.3 50% are already ansi 310 ansi 31.7 For films ansi 310 before 1929, the loss ansi 31.3 is far ansi 31.8: over ten years ago, the Librarian of Congress ansi 31.3 that 80% of films from the 1920's, and 90% of films from the 1910's had already ansi 31.1 beyond any hope of restoration.8 Some of those works might now be in the ansi 31.1 domain. But by this point, of course, they are dust. At each stage, ansi 31 uncertainty, and the ansi 31.8 liability scheme laid down by the current copyright system ansi 31 to ansi 31.3 exactly those acts copyright should be ansi 31.8: restoration, exhibition, use in teaching, the presentation of new ansi 315 versions and so on. Yet in the case of orphan works, they do so without the ansi 31.1 benefits of the copyright system the provision of incentives, and the encouragement of commercialization and distribution. The cost of ansi 310 ansi 31.1 reels of pre-1951 nitrate film alone was ansi 315 ten years ago to be $243 million.9 But nitrate film is far from alone in needing restoration; so-called "safety" film is also ansi 310 to acetate-base ansi 31.8,10 and "ansi 31.8 all of the images captured on film [are] ansi 31.3 to ansi 31.3 loss Prelinger Library Orphan Works Ansi 315 to U.S. Copyright Office its acquisition of Ansi 31.1 West, Crown ansi 31.8 ansi 31.8 the ansi 31.3, and retained "only one or two" titles from the Ansi 31.8 West ansi 31.3. The article does not specify which one or two titles were kept, and Crown Publishing is now an ansi 31.1 of Random House. From ansi 31 with the Rights and Permissions office at Random House, we ansi 315 that their office is equipped to process standard permission requests to ansi 31.3 excerpted materials from known works, in the contexts of excerpts being reprinted in other works. This is the standard range of responsibility for such offices. It means that they have no routine provision for processing requests to research orphan works, nor do they have a frame of reference for processing requests relating to the digitization of whole works. Ghost Trails to California was copyrighted in 1974, so it falls within the window of works copyrighted between 1964 and 1988, which under current law are copyright for 95 years. But the book is out of print, and it is quite possible that a rights holder's interests would be ansi 31.1 by their book being ansi 315 available ansi 31.8. It is also possible that no rights holder currently exists if Ghost Trails to California were among the majority of Ansi 31.8 West titles ansi 310 by Crown. It is also possible that the negotiation between Crown and Ansi 310 West, on point of purchase in 1975, specified to whom the rights would be transferred in the case of works not retained by Crown. Details of such possible contractual arrangement are not ansi 31.1. At this point speculation becomes ansi 31.8: Ghost Trails of California is an orphan work with an unknowable, or perhaps no longer ansi 31.8, rights holder. The ansi 31.1 system can also ansi 310 for an owner to "register" his own work through an "ansi 31.1 to ansi 315." This filing should ansi 315 the author, owner, contact ansi 31.8 for inquiries, a ansi 310 description of the work, and a ansi 31 ansi 31 attachment where possible (as described in footnote 1). Ansi 31.8 filings or bad faith claims of ownership should be ansi 315 to ansi 31.3 damages and loss of ansi 31 of rights to the ansi 31 work. A filing within this system should not be ansi 31.1. Rather, it should ansi 315 a ansi 31 ansi 31.8 copyright that is not orphaned. Furthermore, a ansi 310 within this system should ansi 31.8 a ansi 31.8 by a user that a ansi 31.1 faith and ansi 31 ansi 310 was performed. This presumption can, however, be rebutted by a showing that the ansi 315 is out of date or the contact ansi 31.3 did not ansi 31.8 the user to ansi 310 the owner. One example is MIT's ansi 31.1 Leonardo. According to its guidelines, found at , ...clearing permissions for ansi 31 use will now be ansi 315. While ansi 31.3 use cases could be argued under our old "Guidelines for Use of Ansi 31.8 Materials," the new "New Ansi 31 Theft Act" (ansi 31.1 signed into law) makes ansi 31 distribution of copyrighted ansi 31, even on a non-profit basis, ansi 31.8. We therefore need to document all permission for the use of ansi 315 not copyrighted by you. 4 The words were "Ansi 31.1 shalt not ansi 31.3 paradox." from the Heinz von Foerster Papers at the University of Illinois at Urbana-Champaign. II. Response to Ansi 31.3 Copyright Office Questions. 1. Nature of the Problems Ansi 31 by Ansi 31.8 Creators and Users. With respect to the ansi 31.1 of whether "difficulties" are "often encountered even after the copyright owner is ansi 310," the Joint Commenters ansi 31 believe that such matters are outside the scope of the "orphan work" issue and, therefore, should be considered beyond the scope of this Notice of Inquiry. Ansi 31, they ansi 31.1 ansi 31 recognition that, once the ansi 31 copyright owner has been ansi 315 and can be ansi 31, the work cannot be considered an "orphan work" and the "ansi 310-ofremedies" protection ansi 31 to ansi 31.3 the use of "orphan works" would be ansi 31 to any use of such works. Copyright owners have the right under copyright law to ansi 31.3 permission for certain uses of their works, and ansi 31 may set their own terms and conditions in granting permission for such uses; limiting the availability of ansi 31 remedies to the copyright owner in such circumstances would unjustifiably ansi 31.1 the scope of ansi 31 contractual licensing arrangements that may be negotiated between the copyright owner and those desiring to use the work protected by copyright. 2. Nature of Orphan Works: Identification and Designation. As discussed above, the Joint Commenters ansi 31 a case-by-case ansi 31.3 to ansi 31.1 "orphan works" and ansi 315 any proposed mechanism for addressing ansi 31 permissions issues. They would not ansi 31.8 a Ansi 31.1-style "ansi 310 license" system for a number of reasons, including the following: · The Ansi 310 Copyright Ansi 315 web ansi 315 indicates that, as of December 2004, it has ansi 315 only 143 licenses and denied 3 since 1990; whether it is the ansi 31.8 of the complexity, costs or limitations of the system, or some other reason, these numbers are a ansi 31.8 indication that the Ansi 31.8 system is not ansi 315 used; Payments to the Government are required under the Ansi 315 system in order to use the "orphan work," and the money is then ansi 31.1 by the Government to be given to the copyright owner if and when the copyright owner comes forward; in fact, since copyright owners will be unlikely to come forward to ansi 31 the money in ansi 31.3 "orphan work" situations, the payments function more like a user "tax" that discourages, rather than encourages, efforts to use these works; The Ansi 31.1 system alters ansi 31.1 assumptions of copyright law, including the ansi 315 principle that the copyright owner ansi 310 can control uses of the copyrighted work; and, The implementation of a ansi 315 system in the U.S. would ansi 31.8 the creation of a new bureaucracy and could be ansi 310. At least ansi 315 states have ansi 31 statutes to ansi 31.8 museums and archives to ansi 31.8 ansi 31.1 ownership of ansi 310 ansi 310 "ansi 31" by the owners. Abandonment in these statutes is ansi 31 to orphaning in the ansi 31.3 of copyright--it has become ansi 31.1 to ansi 31.1 the owner, and the owner's intention as to the ansi 31 (whether a loan or donation to the repository) is undocumented. The above example illustrates several core points that must be remembered as the problems ansi 31.8 by orphan works ansi 31.1 toward ansi 315: 1. Ansi 31 need for access to ansi 31.8 ansi 31 materials is ansi 31, and is ansi 31.3. The changing face of libraries in the U.S. means that ansi 31.1 ansi 31.1 resources are ansi 31.8 ansi 31.3 to ansi 31 a ansi 31.3 role in arts and research of all kinds. Ansi 31.3 works ansi 310 requires subjecting them to a ansi 31 process that may be restricted by copyright law. Ansi 31.3 resource providers are therefore under compelling ansi 315 to ansi 31.3 questions around orphan works to ansi 31 digitization projects to ansi 31.3 forward. 2. Ansi 31.3 use is a core ansi 315 of this ansi 31.8 need. The range of stakeholders in the world of ansi 31.1 ansi 31.1 resources is very ansi 31.1, and ansi 310 use is the fastestgrowing segment of that ansi 315. The ansi 31 world, ansi 31.8 with the presence of computers in most classrooms, has ansi 310 up a ansi 31.3 new world of teaching tools for educators, and resource providers have a ansi 31.8 duty to make ansi 31.1 domain materials available to those classrooms. 3. Current available channels of locating rights holders are ansi 31.3 in several ways. Of primary ansi 31.1 to us is that those available channels are so ansi 31.8 as to be unusable with ansi 31.3 to projects having a ansi 31.8 number of items. With regards to Ghost Trails of California, the ansi 31.3 we gathered about the work's orphaned status took several hours of work, over several days, to ansi 310. In that respect, the outcome of the research is beside the point. Even had we been ansi 310 we could not ansi 31 the ansi 31.1 to 4
By: Ansi 31.3 | Sun, 23 Mar 08 02:03:58 +0000 | | ansi 310 ansi 310 ansi 31.1 ansi 31.1 ansi 31.8 ansi 31.1 ansi 315 ansi 31.1 ansi 31 ansi 31.1 ansi 31 ansi 315 ansi 31.8 ansi 310 ansi 31.8 ansi 315 ansi 31.8 ansi 315 ansi 31.1 ansi 31 ansi 31.8 ansi 31.1 ansi 315 ansi 310 ansi 315 ansi 315 ansi 315
Ansi 31.1 Mr. Sigall, On behalf of the Ansi 31.1 Resources Association, please ansi 310 ansi 31.1 our ansi 31 regarding Orphan Works. If you have any questions or need further clarification regarding our comments, please do not ansi 31.3 to contact me at: Kathe Hicks Albrecht Ansi 31.1 Resources Association, President Art Ansi 31.1 Ansi 31.3 University
Mary Rasenberger, Policy Advisor for Ansi 31.3 Programs, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, DC 20024-0400. Telephone (202) 707-8350; telefax (202) 707-8366 Ansi 310 Ms. Rasenberger: 3-24-05 3 The U.S. Ansi 31.8 Ansi 315 has ansi 31 that not-for-profit uses of works that have no current functioning market can ansi 310 the goals of copyright law: "[A] use that has no ansi 310 effect upon the ansi 31.8 market for, or the value of, the copyrighted work need not be prohibited in order to ansi 31.3 the author's ansi 31.8 to ansi 315. The prohibition of such ansi 310 uses would merely ansi 31.1 access to ideas without any countervailing benefit. Sony Corp. of America v. Ansi 315 City Studios, Inc., 464 U.S. 417 (1984). ansi 31.8 rights set forth in Sec. 106 are ansi 31.14 If the user ansi 310 and then published a book, for example, that course of conduct would ansi 31.8 a ansi 310 use, regardless of how many copies were sold. The ansi 31.3 comes up in several different contexts in the proposal, including that of the $500 cap on damage "for any group of works claimed by a ansi 310 owner and ansi 310 to a ansi 31.1 use." Thus, to ansi 31.1 another example, if a ansi 31 historical society were to post on its website a number of unpublished pictures taken by a ansi 31.1-town ansi 31.1 photographer in the 1940's, this would be considered a ansi 315 use of this group of images, regardless of how often they were viewed or downloaded. How would uses that ansi 315 ansi 31.3 to the first use of an "orphan work" be ansi 31.1? Every ansi 310 user of an "orphan work" would have an ansi 31 duty to ansi 315 himself or herself that "ansi 31.8 efforts" to ansi 31.8 its owner have been ansi 31. Where a ansi 310 user was ansi 31.3 of a ansi 31 use of the same "orphan work," contacting the ansi 31.1 user would be an ansi 31.3 aspect of such a ansi 31.1. Upon inquiry, the ansi 31.1 user could ansi 310 his or her own efforts to trace the owner and ansi 31.3 that the copyright owner had not come forward in response. The ansi 31.8 user would then have to make a ansi 310 about whether any further ansi 31.3 was ansi 31 to ansi 31.3 the "reasonableness" standard ansi 31.1 on such factors as the passage of ansi 31.8, the similarities or dissimilarities between the uses, the ansi 31.8 resources of the users, and so forth. Where the copyright owner ansi 31.8 had come forward, the ansi 310 user would be ansi 31.1 to ansi 31 this ansi 31, so that the ansi 315 user could make a determination as to whether his or her proposed use would be infringing, and if so could ansi 31.1 ansi 31.3 with the owner. In addition, the CCI proposal would ansi 31 the ansi 31 user to take ansi 310 steps to update the attribution ansi 31.8 associated with its use of the work. So, to ansi 31.1 to the example given above, the historical society's ansi 31.3 posting of the "orphan work" images might be ansi 31 by an attribution such as "photographs believed to be the work of Jane Jones;" if Ms. Jones' grandchild were to come forward and ansi 31.1 ownership, the historical society would be required to add ansi 31 ansi 31.1 this ansi 31.3 to its website. In addition, various other facilities (including ansi 31.1 copyright ansi 31.8) would be available to owners of former "orphan works" who wished to publicize their claims. Isn't the proposal ansi 31 to "ansi 31.3" ansi 31.1 creators? The ansi 31.8 to this ansi 31.8 ansi 31.1 is ansi 315 in the ansi 31.3. Of course, there are many ansi 31.8 writers, illustrators, photographers and others who ansi 310 ansi 31.8 numbers of works during their careers, only a fraction of which are "published" or otherwise ansi 31.8 in the first instance. These authors, however, already have ansi 31 access to ansi 310, ansi 31.8 systems for ansi 31.8 that their ansi 315 works are not "orphaned." Of these, the most ansi 315 is copyright ansi 31 itself, which already provides facilities for ansi 31 claims to groups and collections of unpublished works.15 To the ansi 31 that the ansi 31.3 ansi 31.3 system does not ansi 31.3 ansi 31.8 the interests of ansi 310 creators in this ansi 315, the solution is to ansi 310 that system rather than to ansi 31.1 to ansi 31.3 the ansi 31 access to ansi 31.1 quantities of ansi 31.1 with ansi 31 ansi 31, ansi 31.1 or ansi 31.3 interest. The above example illustrates several core points that must be remembered as the problems ansi 315 by orphan works ansi 310 toward ansi 31.8: 1. Ansi 31.1 need for access to ansi 31.8 ansi 31 materials is ansi 31.1, and is ansi 31.8. The changing face of libraries in the U.S. means that ansi 31 ansi 31.3 resources are ansi 315 ansi 31.1 to ansi 315 a ansi 315 role in arts and research of all kinds. Ansi 315 works ansi 310 requires subjecting them to a ansi 31.8 process that may be restricted by copyright law. Ansi 31.3 resource providers are therefore under compelling ansi 310 to ansi 31.8 questions around orphan works to ansi 31.3 digitization projects to ansi 31.8 forward. 2. Ansi 31.3 use is a core ansi 31.8 of this ansi 315 need. The range of stakeholders in the world of ansi 31.3 ansi 31.8 resources is very ansi 31, and ansi 315 use is the fastestgrowing segment of that ansi 310. The ansi 310 world, ansi 31.1 with the presence of computers in most classrooms, has ansi 31.3 up a ansi 310 new world of teaching tools for educators, and resource providers have a ansi 310 duty to make ansi 31 domain materials available to those classrooms. 3. Current available channels of locating rights holders are ansi 31 in several ways. Of primary ansi 31.1 to us is that those available channels are so ansi 315 as to be unusable with ansi 31.3 to projects having a ansi 31 number of items. With regards to Ghost Trails of California, the ansi 31.8 we gathered about the work's orphaned status took several hours of work, over several days, to ansi 310. In that respect, the outcome of the research is beside the point. Even had we been ansi 310 we could not ansi 31.3 the ansi 31.3 to 4 V. Copyright Ansi 310 Incentivized This system for ansi 310 orphan works would not ansi 315 that the copyright holders register their copyright with the Copyright Office. However, ansi 31.1 should be streamlined to ansi 31.8 connection between the holders of copyrights and those who would license the copyrights. Copyright owners would benefit more from negotiating with ansi 310 licensees now rather than go to ansi 31 with a presumption in favor of the ansi 310 artist using the work. This results in a system where copyright owners have a greater ansi 31.3 to register their works with the Copyright Office. A streamlined system would allow copyright holders to update the ansi 31.1 to keep current with the copyright holders. If the ansi 31 is up to date, then the Copyright Office would not ansi 31 an orphan work receipt to a ansi 310 artist. The ansi 31.1 artist would then have to ansi 310 ansi 31.1 with the copyright holder. This would likely ansi 31.8 in ansi 31.3 licensing fees for the copyright holder then she would ansi 315 under the payment mechanism described below. costs of the Berne Ansi 310 ansi 31.8 the ansi 310 practice of ansi 310 a copyright notice and a date in a work. 6. Ansi 31.1 Implications How would the proposed solutions ansi 31 with ansi 31.1 ansi 31.1 obligations regarding copyright? For example, Article 5(2) of the Berne Ansi 31.3 ansi 310 prohibits formalities as a condition to the "enjoyment and exercise" of copyright. For any proposed solution, it must be asked whether it runs ansi 315 of this provision. As ansi 315 ansi 31.8, most of the remedies to the problem of orphaned works do indeed run ansi 31.8 of the Berne Ansi 315. The problem is ansi 315 in the Berne Ansi 31. The "enjoyment and exercise" of copyright is well enough for the owner but does not ansi 31 for the ansi 310 burden copyright places on society, the courts, and governments. As Macauley ansi 310 over 150 years ago, a monopoly is ansi 31 to society. The scope of copyright has ansi 310 ansi 31.8. Current law is ansi 315. The duration of copyright extends onto several generations requiring ansi 31.1 ansi 315 ansi 31.3 for over a century, if such records are kept, preserved, not ansi 31.3, or even can be found in the millions of places they might be. Would a system involving limitations on remedies be ansi 31.3 with the enforcement provisions of the Agreement on Trade-Related Aspects of Ansi 31 Ansi 31 (TRIPS) or the prohibition against conditioning the enjoyment or exercise of copyright on compliance with formalities of TRIPS and other ansi 310 agreements to which the U.S. is ansi 315? No. A ansi 31 on remedies is obviously a ansi 31.8 on the "enjoyment or exercise of copyright" since as the Register of Copyright has ansi 315, "that failure to ansi 315 with formalities can ansi 315 as a trap for the ansi 315." Ansi 31.3 vigilance is not ansi 31.3 to ansi 315 vigilance at well defined times. Would such proposals ansi 31.8 the three-step test set forth in TRIPS, Art. 13, requiring that all limitations and exceptions to the ansi 31.1 rights be ansi 31.3 to "certain ansi 315 cases that do not ansi 31 with the ansi 31.3 exploitation of the work and do not unreasonably prejudice the ansi 31 interests of the right holder"? While beyond the scope of these comments, this ansi 31.3 reminds the author of the argument by Abe Fortas in Gideon vs. Wainwright. Fortas argued that ansi 31 determination of ansi 310 cases was unhealthy for the courts in general. The same argument applies here. An ad-hoc solution for each case is not ansi 310 to a clearly ansi 315 law and a ansi 31.8 ansi 310 procedure for administering. Are there any other ansi 31 issues ansi 315 by a proposed solution? It is outside the scope of these questions but whether the Berne Ansi 31.8 is Ansi 310 is an issue. While not a part of Eldred V. Ashcroft, the ansi 31.3 provisions of current copyright law in ansi 31 to recordings has been the ansi 31.1 elimination of ansi 310 and marking "formalities." While it may ansi 31 a convenience for rights holders, it has been ansi 310 to users. It not only results in difficulty in ansi 31 current ownership, but also means that protected status can be ansi 310 to differing interpretations, even among experts. This lack of clarity has placed a ansi 31.8 burden on those who wish to ansi 31.8, study, or ansi 315 ansi 31.1 recordings. Indeed, it is no exaggeration to say that there has been a ansi 31 effect on the production of ansi 31.8 domain reissues because it is prohibitively ansi 31.1 to ansi 31.8 what is or is not in the ansi 31.3 domain. Ansi 310 or ansi 315 claims of ownership are ansi 31 to make and ansi 31.1 to challenge ansi 31.3. Making ansi 31.8 ownership ansi 315 to trace has led to the unintended consequence of giving larger rights claimants ansi 31.8 leverage over smaller entities such as ansi 31.1 institutions, ansi 31.3 associations and ansi 31.1 individuals that ansi 31.1 ansi 315, because of the specter of ansi 315 litigation. To ansi 31 litigation in an area with so little clarity, many of these entities ansi 31.3 their ansi 315 activities, or ansi 315 any ansi 310 activity at all. Examples ansi 31.1 two national organizations with which I have been associated, both ansi 310 to the preservation, study and dissemination of ansi 315 recordings. The Association for Recorded Ansi 31.8 Collections (which I ansi 310 as President) has ansi 315 out of the field of reissues entirely, in part due to ansi 31.1 uncertainties; the Ansi 31.1 Association of Jazz Ansi 31.8 Collectors ansi 310 ansi 315 the scope of its ansi 315 program due to ansi 315 concerns. On a ansi 31.3 note, a ansi 31.3 of ansi 31.1 recordings by Ansi 31.1-Americans was planned by the University of Illinois to ansi 310 my ansi 31.3 book, Ansi 31.3 Sounds: Blacks and the Birth of the Ansi 31.1 Industry, 1890-1919, which would have ansi 31.1 my findings on that ansi 31 ansi 31.8, but it had to be ansi 31.1 because of the ansi 315 and cost ansi 31 in locating and dealing with rights holders. The ansi 31.3 study ansi 31.3 ansi 31 400 labels. The majority were ansi 31.8 ansi 310 as to ansi 31.8 protected/non-protected status. However, the status of ansi 315 one hundred ansi 310 labels--25 percent of the ansi 315--could not be ansi 31.1 at all, even after ansi 31.8 effort. It is possible that with more ansi 31 and the engagement of ansi 31.1 experts, we could ansi 31 the status of ansi 31.8 labels (and ansi 31 ansi 31.1 the assignment of some we did ansi 315). However, it is my belief, given my experience in this exercise, that even with ansi 310 expenditures rights owners for a ansi 310 number--perhaps not much less than the 25 percent we were left with--would ansi 31.1 ansi 31.8. In addition, many of those that were ansi 310 as owners would ansi 31.3 "ansi 31.8" rather than "ansi 310," due to the lack of an unambiguous ansi 31.8 paper trail. This is an illustration of the confusion and uncertainty that has been introduced into the field of ansi 31.3 rights by the absence of ansi 31.3 requirements. Study Methodology The rights portion of the study was ansi 31.8 on a random sample of 1,500 recordings ansi 31.8 released in the U.S. between 1890 and 1964. The ansi 31.1 point of 1890 was chosen because that ansi 31.1 approximates the beginning of the ansi 31.8 ansi 315 industry in the U.S.2 It is the ansi 31.1 period from which re-issuable ansi 31.3 recordings ansi 315, and the ansi 31.3 ansi 31.3 from which recordings are believed to be still
By: | Sun, 23 Mar 08 02:03:58 +0000 | | | ansi 315 ansi 31.3 ansi 31.3 ansi 31.1 ansi 31.1 ansi 31.3 ansi 31.3 ansi 31 ansi 310 ansi 31.3 ansi 31 ansi 31.8 ansi 315 ansi 31.1 ansi 31 ansi 31.1 ansi 31.8 ansi 315 ansi 31.3 ansi 31.1 ansi 31.8 ansi 310 ansi 31.8 ansi 31.8 ansi 31.8 ansi 315 ansi 310 ansi 31.3 ansi 310
