US Copyright Office Seeks Submissions on "Orphan Works"

The US Copyright Office is seeking submissions from the public on how the government should deal with "orphan works". Orphan works are copyrighted works whose owners are difficult or impossible to locate. As a result, the works effectively become inaccessible to the public, as permission to use them cannot be obtained. Where good faith attempts to locate the copyright holder are unsuccessful, the potential users are reluctant to make use of the work for fear of being sued for infringement in the future. For policymakers, this poses an acute dilemma. The copyright system is designed to encourage creative thought by rewarding it with a copyright, while at the same time permitting the public access to the works through licences. Orphan works achieve no balance, however, as the copyright holder receives no royalties, and the public has no access to the work. Where, as in the US, the term of copyright can extend as long as the life of the author plus 70 years, this is a very long period to exclude potentially valuable works from circulation. In Canada, this situation was dealt with through a Regulation that permits the Copyright Board of Canada (CCB) to grant a licence to an orphan work. The CCB can attach whatever conditions it wishes to achieve its goals of balancing the system, including collecting fees that are held in trust for the copyright holder. The US Copyright Office's report on this issue refers to the Canadian system as one potential solution to the problems it faces. The US Copyright Office notice of inquiry can be found at: http://www.copyright.gov/fedreg/2005/70fr3739.html. For the Copyright Board of Canada's informational brochure on orphan works visit: http://www.cb-cda.gc.ca/unlocatable/index-e.html. Summary by: James Kosa