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Report on Orphaned Works

By: Marybeth Peters

...would be happy to discuss the Report with you or your staff. Respectfully, Marybeth Peters Register of Copyrights Enclosure The Honorable Orrin G. Hat... ...opyright Act might be creating a class of "orphan works" — works for which no copyright owner can be found, and thus for which permission to use or ad... ...se of the Copyright Act, because in such cases it would seem that although no one objects to the use, the public nevertheless is deprived of access to... ...ono Copyright Term Extension Act of 1998, existing copyright law creates a limitation on exclusive rights for reproductions by libraries and archives ... .......................................................................11 4. Limitation on Remedies........................................................ ... has fallen into the public domain by consulting the renewal registration records of the Copyright Office. Section IV then goes on to describe exist... ... • Whether information about the work can be found in publicly available records, such as the Copyright Office records or other resources; Page 9 ... ...itution); • music publishers (e.g., The Harry Fox Agency); • recording artists and musicians (e.g., American Federation of Musicians (“AFM”), Ame... ...ration of Musicians (“AFM”), American Federation of Television and Radio Artists (“AFTRA”), Recording Artists Coalition); • record companies (e.g.,...

...es uncertainty – she cannot determine whether or under what conditions the owner would permit use. Where the proposed use goes beyond an exemption or limitation to copyright, the user cannot reduce the risk of copyright liability for such use, because there is always a possibility, however remote, that a copyright owner could bring an infringement action after that use has...

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  • Cover Image

Report on Orphaned Works

By: Marybeth Peters

...would be happy to discuss the Report with you or your staff. Respectfully, Marybeth Peters Register of Copyrights Enclosure The Honorable Orrin G. Hat... ...opyright Act might be creating a class of "orphan works" — works for which no copyright owner can be found, and thus for which permission to use or ad... ...se of the Copyright Act, because in such cases it would seem that although no one objects to the use, the public nevertheless is deprived of access to... ...ono Copyright Term Extension Act of 1998, existing copyright law creates a limitation on exclusive rights for reproductions by libraries and archives ... .......................................................................11 4. Limitation on Remedies........................................................ ... has fallen into the public domain by consulting the renewal registration records of the Copyright Office. Section IV then goes on to describe exist... ... • Whether information about the work can be found in publicly available records, such as the Copyright Office records or other resources; Page 9 ... ...itution); • music publishers (e.g., The Harry Fox Agency); • recording artists and musicians (e.g., American Federation of Musicians (“AFM”), Ame... ...ration of Musicians (“AFM”), American Federation of Television and Radio Artists (“AFTRA”), Recording Artists Coalition); • record companies (e.g.,...

...es uncertainty – she cannot determine whether or under what conditions the owner would permit use. Where the proposed use goes beyond an exemption or limitation to copyright, the user cannot reduce the risk of copyright liability for such use, because there is always a possibility, however remote, that a copyright owner could bring an infringement action after that use has...

...We also recommend one other threshold requirement for a user to qualify for the orphan works limitations on remedies: throughout the use of the work, the user must provide attribution to the author and copyright owner of the work if such attribution is possible and as is reasonably appropriate under the circumstances...

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