Abstract

http://ssrn.com/abstract=2019121
 
 

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Orphan Works: Mapping the Possible Solution Spaces


David R. Hansen


University of North Carolina (UNC) at Chapel Hill - School of Law; University of California, Berkeley - School of Law

March 9, 2012

Berkeley Digital Library Copyright Project White Paper No. 2

Abstract:     
This paper surveys a range of proposed orphan works solutions. The goal is to acquaint the reader with the wide variety of solution types, and to identify the positive and negative aspects of each. The paper discusses four general categories of proposed solutions to the orphan works problem: Remedy-limitation approaches, such as the one advocated in the 2006 U.S. Copyright office proposal, that are predicated on a user’s good-faith, reasonable search for rights holders; administrative systems, such as the one adopted in Canada, that allow users to petition a centralized copyright board to license specific reuses of orphan works; access and reuse solutions that are tailored to rely upon the existing doctrine of fair use; and extended collective licensing schemes, which permit collective management organizations ('CMOs') to license the use of works that are not necessarily owned by CMO members, but that are representative of the CMO members’ works.

About this Paper: This white paper is the second in a series from the Berkeley Digital Library Copyright Project, an effort organized by Berkeley Law professors Pamela Samuelson, Jason Schultz, and Jennifer Urban. The project aims to investigate copyright obstacles facing libraries and other like-minded organizations in their efforts to realize the full potential of making works available digitally. More information can be found on the project’s website.

Number of Pages in PDF File: 23

Keywords: copyright, orphan works, digital libraries

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Date posted: March 10, 2012  

Suggested Citation

Hansen, David R., Orphan Works: Mapping the Possible Solution Spaces (March 9, 2012). Berkeley Digital Library Copyright Project White Paper No. 2. Available at SSRN: http://ssrn.com/abstract=2019121

Contact Information

David R. Hansen (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
University of California, Berkeley - School of Law ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
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