Reply Comment of International Documentary Association et al., In the Matter of Orphan Works and Mass Digitization, No. 2012-12

Library of Congress -- U.S. Copyright Office 2013

8 Pages Posted: 22 Jan 2014

See all articles by Jack I. Lerner

Jack I. Lerner

University of California, Irvine School of Law

Michael Donaldson

Donaldson & Callif

Date Written: March 6, 2013

Abstract

Comment submitted to U.S. Copyright Office in response to Notice of Inquiry on behalf of a coalition of documentary and independent film organizations. The commenters elaborate on the proposed orphan works solution that they support, and clarify the effect they believe the solution will have on stakeholders throughout the copyright system. The commenters observe support among a wide range of stakeholders for the Copyright Office’s 2005 approach, and remain convinced that this approach — a diligent search requirement before use, a limitation on remedies beyond reasonable compensation for rightsholders who later resurface, exceptions for non-commercial uses in some circumstances, and a savings clause that preserves fair use — is the optimal solution for the United States. In the commenters' view, this approach is the most likely to help users make valuable uses of orphan works, enhance the market for licensed works, and reduce the number of orphan works going forward.

Keywords: copyright, orphan works, documentary film, independent film

JEL Classification: K39

Suggested Citation

Lerner, Jack I. and Donaldson, Michael, Reply Comment of International Documentary Association et al., In the Matter of Orphan Works and Mass Digitization, No. 2012-12 (March 6, 2013). Library of Congress -- U.S. Copyright Office 2013, Available at SSRN: https://ssrn.com/abstract=2382426 or http://dx.doi.org/10.2139/ssrn.2382426

Jack I. Lerner (Contact Author)

University of California, Irvine School of Law ( email )

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HOME PAGE: http://www.law.uci.edu/faculty/full-time/lerner/

Michael Donaldson

Donaldson & Callif ( email )

400 South Beverly Drive Suite 400
Beverly Hills, CA 90212
United States

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