Talk2014

Orphan Works 2: Defining a Good-Faith "Reasonably Diligent Search" Standard

Library Of Congress

Education

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About

In its 2006 Report, the Copyright Office recommended that Congress amend the Copyright Act to limit the remedies available against good faith users of orphan works after the user performed a generally "reasonably diligent search" to locate the owner of that work. The 2008 bills set forth certain baseline requirements such as searching the Office's online records, and would have required users to consult best practices applicable to the work at issue. Both copyright owners and users would have participated in developing these best practices, which the Register of Copyrights would have coordinated. During this session, participants discussed how best to define a good faith, reasonably diligent search in light of changes in the legal and technological environment since 2008, and whether improvements can be made to the standard set forth in the 2008 bills. Speakers included Karyn Temple Claggett, Catherine Rowland, Michael Capobianco, Krista Cox, Greg Cram, Alec French, Eric Harbeson, Ann F. Hoffman, Meredith Jacob, Kurt R. Klaus, Jack Lerner, Sarah Michalak, Nancy C. Prager, Jay Rosenthal, Carrie Russell, Amy Sabrin, Ben Sheffner and Nancy Wolff.

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Rights statement at the Library of Congress, as the Library of Congress states it.
Credit
Library of Congress
Language
English
Country
United States
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