Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest
Rutgers Journal of Law & Public Policy, Vol. 12:2, Spring 2015.
32 Pages Posted: 19 Feb 2014 Last revised: 8 Nov 2017
Date Written: February 18, 2014
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative attempts and provide workable answers. This paper also proposes those answers can be found in the working models used by other jurisdictions attempting to solve the orphan works dilemma.
Keywords: orphan works, copyright, copyright protection
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