regarding the orphan works legistlation

lauren grier

lauren grier

you're like stars
I received an email this morning in response to the mail I sent out (I know it's just a standard email LOL.. but it's interesting to read anyway)

Dear Ms. Grier:

Thank you for contacting me regarding S. 2913, the Shawn Bentley Orphan Works Act of 2008. I appreciate hearing from you on this matter.

As you know, orphan works are copyrighted works whose owners are difficult to identify or find. As a result, these works are often withheld from public view because of the risk of some type of lawsuit being brought. S. 2913 was introduced by Senator Patrick Leahy on April 24, 2008 to provide protection to those who use orphan works for primarily charitable, religious, scholarly, or educational purposes. This legislation would protect users of orphan works from litigation if they can prove they have conducted a "reasonably diligent" search for the owner before they use the work and are willing to pay reasonable compensation to the owner if he or she is identified.

S. 2913 would also direct the Copyright Office to make ownership and contact information publicly available, develop guidelines to minimize the threat of lawsuits, and clarify that a lack of visible copyright ownership information on a work is insufficient proof to determine that such a work is an orphan work. This legislation is currently pending in the Senate Judiciary Committee.

I believe that copyright legislation should strike a balance between protecting the rights of content producers and the fair use rights of consumers. Please be assured that I will keep your thoughts in mind should this or similar legislation be considered by the full Senate.

Again, thank you for contacting me, and do not hesitate to write, call, or visit my website, www.reed.senate.gov, in the future for information regarding this or any other matter.

Sincerely,

Jack Reed
United States Senator
http://reed.senate.gov
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to provide protection to those who use orphan works for primarily charitable, religious, scholarly, or educational purposes. This legislation would protect users of orphan works from litigation if they can prove they have conducted a "reasonably diligent" search for the owner before they use the work and are willing to pay reasonable compensation to the owner if he or she is identified.
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The problem here, IMO, is I don't think that's gonna happen. How many times do charitable organizations get sued for using a graphic? Would most people really care if a teacher put some picture up on the projector? I doubt it. I think this is potentially bad. My reaction would be to first protect the copyright holder or the person who took the photo. It's their work. They're the ones who lose out when copyright is violated, KWIM? I don't know, just saying....it's something to think about.
 
I agree with Amy. The problem is that the rules for a "reasonably diligent" search for the owner are not clearly defined and are thus a violation of the principle of the Rule of Law, as the discretion is left to individual judges to define "reasonably diligent." Essentially, as long as they can't get ahold of you (however individual judges choose to define it), they have permission to use the work, even if you have legally copyrighted it. Definitely too vague and too anti-copyright holder for my tastes. I'd hate to see my babies on a billboard without my permission. Even though I can later sue, according to this law (and what about those who don't have the means or knowledge to take legal action?), the damage has been done.
 
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