RE: [Videolib] Fwd: Copyright Office inquiry on "orphan

Jed Horovitz (JedH@internetvideoarchive.com)
Sun, 27 Feb 2005 09:51:52 -0500

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I think it would be fantastic for the vrt to respond as a group.
-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
Sent: Friday, February 25, 2005 7:25 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] Fwd: Copyright Office inquiry on "orphan
copyrightedworks"

Hi all

Take a look at this, folks! Think it's something VRT et al. should be
responding to! The issue comes up regularly on this list.
What do we think?

Gary

The US Copyright Office has initiated an inquiry into "orphan
works," i.e. works protected by copyright, but whose owners are difficult or
impossible to locate for the purpose of securing permission for their use.
Comments are due to the USCO by March 25, 2005. The details of the inquiry,
including requirements for submissions, are provided in the Federal Register
announcement, available at <http://www.copyright.gov/fedreg/2005/
70fr3739.html> (HTML) or <http://www.copyright.gov/fedreg/2005/70fr3739.pdf>
(PDF).

Through this inquiry, "the Copyright Office intends to determine the
scope of the problem, evaluate appropriate next steps and create a record
from which specific legislative proposals, if appropriate, could be
considered and developed." To this end, the USCO has set out six specific
questions to which it solicits comments from the public, with the
understanding that "commenters do not need to respond to all questions, but
are encouraged to respond to those as to which they have particular
knowledge or information. Commenters may also frame additional questions or
reframe any of the questions…."

The questions posed by the USCO are paraphrased below:
(a) What difficulties are faced by subsequent creators or users
of "orphan works" when they are unable to locate and contact the copyright
owners to secure permission for the proposed use? (USCO question 1)
(b) How can "orphan works" be defined, in terms of (i) age, (ii)
publication status, and/or (iii) some procedural method, including (1)
case-by-case determinations or (2) a formal mechanism such as a registration
system? (USCO questions 2-4)
(c) What would be the legal effect of designating a work as
"orphaned"? What rights should a subsequent user have, and what remedies or
protections should be available to the copyright owner? (USCO question 5).
(d) What are the implications of a legal remedy for the "orphan
works" problem with respect to international law and treaty? (USCO question
6).

This as an extraordinary opportunity to inform the USCO about the
problems that "orphan works" engender for the academic community, and would
therefore like to encourage you to:
a.. Give careful consideration to the UCSO's questions,
particularly the first. I expect that the richer the range of examples of
academic issues with orphan works that are provided in response to this
inquiry, the more likely that the USCO will be able to discern a statutory
path to addressing them.
b.. Work with the relevant national associations to incorporate
your material in their filings. I've been in touch with Prue Adler (ARL) on
this topic, and know that she's already spoken with a couple of you.
c.. Send copies of your material to me. I don't know whether it
will be feasible to submit a UC institutional filing in this inquiry (I'm
exploring this issue now), but if it does prove possible, I'll want to use
your material to prepare a UC response. At minimum, I can compile the
material and share it with you all and with others in UC who may be
interested, if that would stimulate additional interest or help strengthen
responses.
To account for the possibility that we could file a University
response, I'd appreciate receiving any material that you can share with me
by March 15.

Following, for what it's worth, are some preliminary observations
about the areas of the academic enterprise in which "orphan works" might
present particular problems.

=========================================
The problem of orphan works is likely to affect the University in
numerous domains - wherever permissions are needed to make use of an
existing copyrighted work, whether to copy, display or perform the work for
academic purposes or to create new derivative works based on the existing
work. Permission is required from the copyright owner whenever the proposed
use is outside the scope of "fair use" or other statutory exceptions to the
exclusive rights of the copyright owner. Examples of common academic uses
that may require permission include:

· Making copies of works or portions of works, or displaying
or performing works, in support of classroom instruction (e.g., library
reserves and electronic reserves, preparation of course packs, showing of
films or news broadcasts, class performance of dramatic works).
· Treatment or reformatting (copying in a new, e.g. digital,
format) of works to preserve them (libraries, archives, film and visual
collections, museums)
· Digital reformatting or representation (e.g., archival
digital photographs) of works for inclusion in digital library collections
· The use, storage, preservation and management of digital
information of all kinds (including data, images, and multimedia works, as
well as documents), as virtually any use of digital information involves
making a copy (if only of a transitory nature).
· The creation of new works resulting from UC research,
scholarship, teaching or learning, in all formats, that are derived from or
reproduce substantial portions of existing works.

While these functions, and thus the need to grapple with the problem
of orphan works, may be distributed widely throughout the university,
experience with orphan works is likely to be concentrated in such centers
as:
· Libraries
· Archives
· Museums
· UC Press and other publishing units
· Multimedia production centers
· Data centers and archives
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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I=20 think it would be fantastic for the vrt to respond as a=20 group.
-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary = Handman
Sent: Friday, February 25, 2005 7:25 = PM
To:=20 videolib@library.berkeley.edu
Subject: [Videolib] Fwd: = Copyright=20 Office inquiry on "orphan copyrightedworks"

Hi=20 all

Take a look at this,=20 folks!  Think it's something VRT et al. should be responding = to! =20 The issue comes up regularly on this list.
What do we=20 think?

Gary
 


The US = Copyright=20 Office has initiated an inquiry into "orphan works," i.e. works=20 protected by copyright, but whose owners are difficult or = impossible to=20 locate for the purpose of securing permission for their = use. =20 Comments are due to the USCO by March 25, 2005.  The = details of the=20 inquiry, including requirements for submissions, are provided in = the=20 Federal Register announcement, available at <http://www.copyright.gov/fedreg/2005/=20 70fr3739.html> (HTML) or <http://www.copyright.gov/fedreg/2005/70fr3739.pdf&= gt;=20 (PDF).

Through this inquiry, "the Copyright Office = intends to=20 determine the scope of the problem, evaluate appropriate next = steps and=20 create a record from which specific legislative proposals, if=20 appropriate, could be considered and developed."  To this = end, the=20 USCO has set out six specific questions to which it solicits = comments=20 from the public, with the understanding that "commenters do not = need to=20 respond to all questions, but are encouraged to respond to those = as to=20 which they have particular knowledge or information. Commenters = may also=20 frame additional questions or reframe any of the = questions=85."

The=20 questions posed by the USCO are paraphrased=20 below:
(a)     What=20 difficulties are faced by subsequent creators or users of = "orphan works"=20 when they are unable to locate and contact the copyright owners = to=20 secure permission for the proposed use? (USCO question=20 1)
(b)     How can = "orphan=20 works" be defined, in terms of (i) age, (ii) publication status, = and/or=20 (iii) some procedural method, including (1) case-by-case = determinations=20 or (2) a formal mechanism such as a registration system? (USCO = questions=20 2-4)
(c)     What = would be=20 the legal effect of designating a work as "orphaned"?  What = rights=20 should a subsequent user have, and what remedies or protections = should=20 be available to the copyright owner? (USCO question=20 5).
(d)     What are = the=20 implications of a legal remedy for the "orphan works" problem = with=20 respect to international law and treaty? (USCO question = 6).

This=20 as an extraordinary opportunity to inform the USCO about the = problems=20 that "orphan works" engender for the academic community, and = would=20 therefore like to encourage you to:=20
  • Give careful consideration to the UCSO's questions, = particularly=20 the first.  I expect that the richer the range of = examples of=20 academic issues with orphan works that are provided in = response to=20 this inquiry, the more likely that the USCO will be able to = discern a=20 statutory path to addressing them.=20
  • Work with the relevant national associations to = incorporate your=20 material in their filings.  I've been in touch with Prue = Adler=20 (ARL) on this topic, and know that she's already spoken with a = couple=20 of you.=20
  • Send copies of your material to me.  I don't know = whether it=20 will be feasible to submit a UC institutional filing in this = inquiry=20 (I'm exploring this issue now), but if it does prove possible, = I'll=20 want to use your material to prepare a UC response.  At = minimum,=20 I can compile the material and share it with you all and with = others=20 in UC who may be interested, if that would stimulate = additional=20 interest or help strengthen responses.
To account = for the=20 possibility that we could file a University response, I'd = appreciate=20 receiving any material that you can share with me by March=20 15.

Following, for what it's worth, are some preliminary=20 observations about the areas of the academic enterprise in which = "orphan=20 works" might present particular=20 = problems.

=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
The= =20 problem of orphan works is likely to affect the University in = numerous=20 domains - wherever permissions are needed to make use of an = existing=20 copyrighted work, whether to copy, display or perform the work = for=20 academic purposes or to create new derivative works based on the = existing work.  Permission is required from the copyright = owner=20 whenever the proposed use is outside the scope of "fair use" or = other=20 statutory exceptions to the exclusive rights of the copyright=20 owner.  Examples of common academic uses that may require=20 permission=20 = include:

=B7       Making=20 copies of works or portions of works, or displaying or = performing works,=20 in support of classroom instruction (e.g., library reserves and=20 electronic reserves, preparation of course packs, showing of = films or=20 news broadcasts, class performance of dramatic=20 = works).
=B7       Tr= eatment=20 or reformatting (copying in a new, e.g. digital, format) of = works to=20 preserve them (libraries, archives, film and visual collections, = = museums)
=B7       D= igital=20 reformatting or representation (e.g., archival digital = photographs) of=20 works for inclusion in digital library=20 = collections
=B7       The=20 use, storage, preservation and management of digital information = of all=20 kinds (including data, images, and multimedia works, as well as=20 documents), as virtually any use of digital information involves = making=20 a copy (if only of a transitory=20 = nature).
=B7       T= he=20 creation of new works resulting from UC research, scholarship, = teaching=20 or learning, in all formats, that are derived from or reproduce=20 substantial portions of existing works.

While these = functions,=20 and thus the need to grapple with the problem of orphan works, = may be=20 distributed widely throughout the university, experience with = orphan=20 works is likely to be concentrated in such centers=20 = as:
=B7       Librar= ies
=B7       Archiv= es
=B7       Museums=
=B7       UC=20 Press and other publishing=20 = units
=B7       Mult= imedia=20 production=20 = centers
=B7       Da= ta=20 centers and = archives

Gary Handman
Director
Media Resources = Center
Moffitt=20 Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****
"Movies=20 are poems, a holy bible, the great mother of=20 = us."
           = ;   =20 --Ted Berrigan

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