Klarinet Archive - Posting 000155.txt from 2005/02

From: "R. Williams" <rwilliams@-----.net>
Subj: [kl] US Copyright Office Seeking Comments
Date: Mon, 7 Feb 2005 08:08:40 -0500

This morning I received a notice from my intellectual property rights
attorney that the US Copyright Office is seeking comments on the issue of
"orphan" works. I've placed the summary below and the entire notice is
available at http://www.copyright.gov/fedreg/2005/70fr3739.html

SUMMARY:

The Copyright Office seeks to examine the issues raised by orphan
works,i.e., copyrighted works whose owners are difficult or even impossible
to locate. Concerns have been raised that the uncertainty surrounding
ownership of such works might needlessly discourage subsequent creators and
users from incorporating such works in new creative efforts or making such
works available to the public. This notice requests written comments from
all interested parties. Specifically, the Office is seeking comments on
whether there are compelling concerns raised by orphan works that merit a
legislative, regulatory or other solution, and what type of solution could
effectively address these concerns without conflicting with the legitimate
interests of authors and right holders.

------------

Among the questions being raised is the definition of "orphan" work and one
being considered is based on availability which opens up to a significant
portion of music which is no longer being published but which is still
under copyright. A primary purpose of copyright is to protect the
financial interests of the copyright holder, yet if the work is of so
little value that the owner does not make the material available, then the
copyright serves only to deny people access or so the reasoning goes. Such
a definition may well compel publishers to make works available that
otherwise they would not or else face the prospect of having the work
declared as an orphan. This would allow anyone to make the work available.

Public comments must be received by March 25th

Best
RW

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