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Re: Copyright Office seeking Advice

Author: Rick Williams
Date: 2005-02-07 17:20

When you read down through the request one of the issues they are bringing up is the definition of "orphan." Although the major focus appears to be on work in which the owner is difficult or impossible to determine or contact, they do leave the door open for issues where the material is no longer being made available.

On first reading this would appear to me to leave open a discussion on music which is currently copyrighted but no longer available because the publisher has chosen not to reprint it. Since one of the stated goals if not the primary goal of Copyright is to protect the monetary interests of the owner, then what service does the copyright provide if the owner demonstrates that there is no financial interest in the copyright? It is a sticky question and interesting one when placed against potential public interest. This opposed to a conscious decision by the owner not to release a work for reasons other than monetary.

I may be wandering onto slippery ground, but I think an argument could be made that an orphan work might also be defined as one which is removed from public access because of a lack of financial interest in it by the owner.

Written music in this case strikes me as a unique example because of the public interest in both the historical and preservation interests that it may represent.

Best
RW

Best
Rick

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