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Background: Today, Public Knowledge and the Electronic Frontier Foundation filed comments on orphan works and mass digitization. The comments explain that there is no magic bullet to completely solve the orphan works problem, but that multiple complementary solutions, including fair use and damages reduction, can increase access to knowledge.
The following statement may be attributed to Sherwin Siy, Vice President of Legal Affairs at Public Knowledge.
"We're very glad to see the Copyright Office taking up the problem of orphan works again, and think that reducing the risk for people who try, but fail, to find authors is an important part of a solution. But this certainly shouldn't stand in the way of people being able to access and use orphan works through fair use either.
"In the end, we'll need to address some of the systematic problems that lead to the presence orphan works in the first place: ludicrously long copyright terms, a lack of formalities, and high statutory damages. But until those more fundamental problems can be addressed, we'll need a variety of solutions to get authors and the public the access to works they deserve."
A link to the comments can be found here.