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 Last revised: 21 Jul 2017

See all articles by David R. Hansen

David R. Hansen

Duke University Libraries; University of North Carolina 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, G. A. 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
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University of North Carolina School of Law ( email )

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CB #3380
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University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
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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)

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