U.S. Copyright Office Investigating Orphan Works

The Copyright Office has requested written comments from all interested parties by March 25, 2005 on whether there are compelling concerns raised by orphan works -- works whose owners are difficult or even impossible to locate -- that merit a legislative, regulatory, or other solution, and if so, what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders. Through a review of public submissions, the Copyright Office intends to determine the scope of the problem, evaluate appropriate next steps and create a record from which specific legislative proposals, if appropriate, could be considered and developed.

To that end, the official notice lists several sets of questions, organized by issue, in an effort to begin gathering relevant information. Commenters do not need to respond to all questions, but are encouraged to respond to those as to which they have particular knowledge or information. Commenters may also frame additional questions or reframe any of the issues, which are reproduced below.

1. Nature of the Problems Faced by Subsequent Creators and Users
2. Nature of “Orphan works�: Identification and Designation
3. Nature of “Orphan Works�: Age
4. Nature of “Orphan Works�: Publication Status
5. Effect of a Work Being Designated “Orphaned�
6. International Implications

Comments are due by 5:00 p.m. EST onMarch 25, 2005. Click here for detailed information on submission requirements and further information.

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