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

Brewer, Michael (brewerm@u.library.arizona.edu)
Mon, 28 Feb 2005 15:17:42 -0700

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Gary,


I think we should, but the question is, do we have any sort of common
understanding as to what should be done, or even what the parameters are? I
would love to hear different sides of the issue (especially as it relates to
film). I know we have folks on this list that feel copyright is terribly
restrictive and others that feel it already grants too many exemptions.
Does anyone want to put forward an opinion (or a suggested approach) on this
issue?


mb


Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.edu <mailto:brewerm@u.library.arizona.edu>

-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu]
Sent: Friday, February 25, 2005 5:25 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] Fwd: Copyright Office inquiry on "orphan copyrighted
works"


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/
<http://www.copyright.gov/fedreg/2005/%2070fr3739.html> 70fr3739.html>
(HTML) or <http://www.copyright.gov/fedreg/2005/70fr3739.pdf
<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:

* 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.

* 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.

* 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 <http://www.lib.berkeley.edu/MRC>

****

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

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Gary,

 

I think we should, but the question is, do we have any sort of common understanding as to what should be done, or even what the parameters are?  I would love to hear different sides of the issue (especially as it relates to film).  I know we have folks on this list that feel copyright is terribly restrictive and others that feel it already grants too many exemptions.  Does anyone want to put forward an opinion (or a suggested approach) on this issue?

 

mb

 

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.edu

-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu]
Sent: Friday, February 25, 2005 5:25 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] Fwd: Copyright Office inquiry on "orphan copyrighted works"

 

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:

*         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.

*         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.

*         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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