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

Berkeley Digital Library Copyright Project, White Paper No. 5

UC Berkeley Public Law Research Paper No. 2229021

28 Pages Posted: 8 Mar 2013  

David R. Hansen

Duke University Libraries; 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

Date Written: March 5, 2013

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.

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

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: https://ssrn.com/abstract=2229021

David R. Hansen (Contact Author)

Duke University Libraries ( email )

100 Fuqua Drive
Durham, NC 27708-0204
United States

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

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 )

342 Boalt Hall, North Addition
Berkeley, CA 94720-7200
United States
(510) 642-7338 (Phone)

HOME PAGE: http://www.samuelsonclinic.org

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