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.

Villanova Law/Public Policy Research Paper No. 2014-1005

32 Pages Posted: 19 Feb 2014 Last revised: 8 Nov 2017

See all articles by Vicenç Feliú

Vicenç Feliú

Nova Southeastern University Shepard Broad College of Law

Date Written: February 18, 2014

Abstract

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

Suggested Citation

Feliú, Vicenç, Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest (February 18, 2014). Rutgers Journal of Law & Public Policy, Vol. 12:2, Spring 2015., Villanova Law/Public Policy Research Paper No. 2014-1005, Available at SSRN: https://ssrn.com/abstract=2398064 or http://dx.doi.org/10.2139/ssrn.2398064

Vicenç Feliú (Contact Author)

Nova Southeastern University Shepard Broad College of Law ( email )

3305 College Avenue
Ft. Lauderdale, FL 33314
United States
954 262 6211 (Phone)

HOME PAGE: http://https://www.law.nova.edu/faculty/administration/feliu-vicenc.html

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