Abstract

http://ssrn.com/abstract=2038068
 


 



Orphan Works: Causes of the Problem


David R. Hansen


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

April 10, 2012

Berkeley Digital Library Copyright Project White Paper No. 3

Abstract:     
The orphan works problem can be traced in part to several recent changes in the way copyright law grants rights to owners and in the way that users consume copyrighted works. Broadly defined as the situation where the owner of a copyrighted work cannot be located by someone who wishes to make use of the work in a manner that requires authorization, the problem of orphan works may have existed in theory since the first copyright laws came into effect. But in recent years, at least four developments have exacerbated the problem: (1) the elimination of copyright formalities, (2) the progressive extension of copyright terms, (3) technological advances that allow authors to create and preserve more copyrightable works, and (4) technological changes in the way users access and consume copyrighted works, especially in the shift from print to digital. This paper seeks to familiarize the reader with these developments and the ways that they have brought the orphan works issue to the forefront.

Number of Pages in PDF File: 11

Keywords: copyright, orphan works, digital libraries, formalities, term extension

Accepted Paper Series


Download This Paper

Date posted: April 11, 2012  

Suggested Citation

Hansen, David R., Orphan Works: Causes of the Problem (April 10, 2012). Berkeley Digital Library Copyright Project White Paper No. 3. Available at SSRN: http://ssrn.com/abstract=2038068

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 )
Boalt Hall
Berkeley, CA 94720-7200
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,967
Downloads: 582
Download Rank: 23,569

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.485 seconds