Abstract

http://ssrn.com/abstract=2229021
 


 



What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes?


David R. Hansen


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

Gwen Hinze


University of California, Berkeley - School of Law

Jennifer M. Urban


University of California, Berkeley - School of Law

March 5, 2013

Berkeley Digital Library Copyright Project, White Paper No. 5
UC Berkeley Public Law Research Paper No. 2229021

Abstract:     
Numerous legal regimes or proposals have been devised to address the problem of whether or under what circumstances in-copyright works can be made available if the works are “orphans,” because their rights holders are unknown or cannot be found. A common feature is a requirement that a prospective user make a diligent search for the rights holder. This White Paper complements an earlier one on orphan work searches which considered who would be expected to conduct a search. The present White Paper focuses instead on different conceptions about what a diligent search might consist of. It does not offer a normative assessment of what “diligent search” should mean. Rather, it intends to provide information about various approaches to this concept to aid in reasoned conversations about this concept.

Number of Pages in PDF File: 28

Keywords: Fair Use, Copyright, Orphan Works, Diligent Search, Extended Collective Licensing, ECL, Copyright Office

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Date posted: March 8, 2013  

Suggested Citation

Hansen, David R. and Hinze, Gwen and Urban, Jennifer M., What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes? (March 5, 2013). Berkeley Digital Library Copyright Project, White Paper No. 5; UC Berkeley Public Law Research Paper No. 2229021. Available at SSRN: http://ssrn.com/abstract=2229021

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
G. A. Hinze
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
Jennifer M. Urban
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
(510) 642-7338 (Phone)
HOME PAGE: http://www.samuelsonclinic.org
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