Orphan Works

PK calls for simple and usable solutions to the problem of orphan works

Among the many valuable collections that the Library of Congress holds is a vast collection of old newspapers. The Library explains (page 16) that digitizing these collections can provide new and efficient tools for researchers. These newspapers offer a wealth of information on topics such as “the Great Depression, American perspectives on the rise of Hitler and World War II, post-World War I and immigrant communities in America, the assassination of President John F. Kennedy, community views on the Civil Rights Act of 1968, to name a few.” These newspapers and scores of other works cannot be publicly disseminated without permission from their copyright owners, who are often unlocatable. These works are called orphan works. The Copyright Office is conducting an inquiry into possible solutions to the problem of orphan works.



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Among the many valuable collections that the Library of Congress holds is a vast collection of old newspapers. The Library explains (page 16) that digitizing these collections can provide new and efficient tools for researchers. These newspapers offer a wealth of information on topics such as “the Great Depression, American perspectives on the rise of Hitler and World War II, post-World War I and immigrant communities in America, the assassination of President John F. Kennedy, community views on the Civil Rights Act of 1968, to name a few.” These newspapers and scores of other works cannot be publicly disseminated without permission from their copyright owners, who are often unlocatable. These works are called orphan works. The Copyright Office is conducting an inquiry into possible solutions to the problem of orphan works. [log] => [revision_timestamp] => 1362691335 [format] => 7 [name] => Rashmi Rangnath [picture] => files/pictures/picture-1558.png [data] => a:7:{s:6:"notify";i:1;s:6:"submit";s:18:"Create new account";s:7:"form_id";s:13:"user_register";s:7:"contact";i:0;s:14:"wysiwyg_status";a:1:{i:7;i:7;}s:14:"picture_delete";i:0;s:14:"picture_upload";s:0:"";} [path] => blog/pk-calls-simple-and-usable-solutions-problem- [print_display] => 1 [print_display_comment] => 0 [print_display_urllist] => 1 [print_mail_display] => 1 [print_mail_display_comment] => 0 [print_mail_display_urllist] => 1 [print_pdf_display] => 1 [print_pdf_display_comment] => 0 [print_pdf_display_urllist] => 1 [last_comment_timestamp] => 1362691335 [last_comment_name] => [comment_count] => 0 [taxonomy] => Array ( [55] => stdClass Object ( [tid] => 55 [vid] => 5 [name] => Orphan Works [description] => [weight] => 0 ) ) [files] => Array ( ) [iids] => Array ( ) [page_title] => [nodewords] => Array ( [abstract] => Array ( [value] => ) [canonical] => Array ( [value] => ) [copyright] => Array ( [value] => ) [description] => Array ( [value] => ) [keywords] => Array ( [value] => ) [revisit-after] => Array ( [value] => 1 ) [robots] => Array ( [value] => Array ( [noarchive] => 0 [nofollow] => 0 [noindex] => 0 [noodp] => 0 [nosnippet] => 0 [noydir] => 0 ) [use_default] => 0 ) [dc.contributor] => Array ( [value] => ) [dc.creator] => Array ( [value] => ) [dc.date] => Array ( [value] => Array ( [month] => 3 [day] => 7 [year] => 2013 ) ) [dc.title] => Array ( [value] => ) [location] => Array ( [latitude] => [longitude] => ) [pics-label] => Array ( [value] => ) ) [build_mode] => 0 [readmore] => 1 [content] => Array ( [#content_extra_fields] => Array ( [title] => Array ( [label] => Title [description] => Node module form. [weight] => -5 ) [body_field] => Array ( [label] => Body [description] => Node module form. [weight] => 0 [view] => body ) [revision_information] => Array ( [label] => Revision information [description] => Node module form. [weight] => 20 ) [author] => Array ( [label] => Authoring information [description] => Node module form. [weight] => 20 ) [options] => Array ( [label] => Publishing options [description] => Node module form. [weight] => 25 ) [comment_settings] => Array ( [label] => Comment settings [description] => Comment module form. [weight] => 30 ) [menu] => Array ( [label] => Menu settings [description] => Menu module form. [weight] => -2 ) [taxonomy] => Array ( [label] => Taxonomy [description] => Taxonomy module form. [weight] => -3 ) [path] => Array ( [label] => Path settings [description] => Path module form. [weight] => 30 ) [attachments] => Array ( [label] => File attachments [description] => Upload module form. [weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] =>

Among the many valuable collections that the Library of Congress holds is a vast collection of old newspapers. The Library explains (page 16) that digitizing these collections can provide new and efficient tools for researchers. These newspapers offer a wealth of information on topics such as “the Great Depression, American perspectives on the rise of Hitler and World War II, post-World War I and immigrant communities in America, the assassination of President John F. Kennedy, community views on the Civil Rights Act of 1968, to name a few.” These newspapers and scores of other works cannot be publicly disseminated without permission from their copyright owners, who are often unlocatable. These works are called orphan works. The Copyright Office is conducting an inquiry into possible solutions to the problem of orphan works. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Among the many valuable collections that the Library of Congress holds is a vast collection of old newspapers. The Library explains (page 16) that digitizing these collections can provide new and efficient tools for researchers. These newspapers offer a wealth of information on topics such as “the Great Depression, American perspectives on the rise of Hitler and World War II, post-World War I and immigrant communities in America, the assassination of President John F. Kennedy, community views on the Civil Rights Act of 1968, to name a few.” These newspapers and scores of other works cannot be publicly disseminated without permission from their copyright owners, who are often unlocatable. These works are called orphan works. The Copyright Office is conducting an inquiry into possible solutions to the problem of orphan works. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/7439 [attributes] => Array ( [title] => Read the rest of PK calls for simple and usable solutions to the problem of orphan works. ) ) ) )

PK and EFF Reply Comments on Orphan Works and Mass Digitization

March 06, 2013

Reply comments filed by PK and EFF regarding orphan works and mass digitization. Available as a pdf.

Comments of PK and EFF on Orphan Works and Mass Digitization

February 04, 2013
Issues: 

Comments by Public Knowledge and EFF responding to the Copyright Office's NOI on orphan works and mass digitization. Available as a pdf here.

What the Election Means for the Internet

After nearly two years of debates, never-ending commercials, donation solicitations and ever-present polling, Election Day is over and the results are in.  As many had predicted, the balance of government has not changed significantly.  Democrats will retain the Presidency and control of the Senate, and Republicans will continue to control the House, albeit by a slightly smaller margin than before.



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After nearly two years of debates, never-ending commercials, donation solicitations and ever-present polling, Election Day is over and the results are in.  As many had predicted, the balance of government has not changed significantly.  Democrats will retain the Presidency and control of the Senate, and Republicans will continue to control the House, albeit by a slightly smaller margin than before.

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But don't even consider talking about the easy work-arounds, because the government can go after you for that. Bellow you will find resources on how you can take action as well as our latest blog posts and analysis on the issue. 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After nearly two years of debates, never-ending commercials, donation solicitations and ever-present polling, Election Day is over and the results are in.  As many had predicted, the balance of government has not changed significantly.  Democrats will retain the Presidency and control of the Senate, and Republicans will continue to control the House, albeit by a slightly smaller margin than before.

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After nearly two years of debates, never-ending commercials, donation solicitations and ever-present polling, Election Day is over and the results are in.  As many had predicted, the balance of government has not changed significantly.  Democrats will retain the Presidency and control of the Senate, and Republicans will continue to control the House, albeit by a slightly smaller margin than before.

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The Authors Guild Should Trust Universities and HathiTrust

“Going to the library was the one place we got to go without asking for permission. And they let us choose what we wanted to read. It was a feeling of having a book be mine entirely.” – Rita Dove.  Unfortunately, the Authors Guild, an authors’ advocacy group, does not want library patrons to access books without its permission.  The Authors Guild filed a lawsuit against five universities and the HathiTrust last week.  Although the reasoning in its complaint is flawed, the Authors Guild successfully prevented access to numerous literary works that were set for digital release.   



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“Going to the library was the one place we got to go without asking for permission. And they let us choose what we wanted to read. It was a feeling of having a book be mine entirely.” – Rita Dove.  Unfortunately, the Authors Guild, an authors’ advocacy group, does not want library patrons to access books without its permission.  The Authors Guild filed a lawsuit against five universities and the HathiTrust last week.  Although the reasoning in its complaint is flawed, the Authors Guild successfully prevented access to numerous literary works that were set for digital release.   

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“Going to the library was the one place we got to go without asking for permission. And they let us choose what we wanted to read. It was a feeling of having a book be mine entirely.” – Rita Dove.  Unfortunately, the Authors Guild, an authors’ advocacy group, does not want library patrons to access books without its permission.  The Authors Guild filed a lawsuit against five universities and the HathiTrust last week.  Although the reasoning in its complaint is flawed, the Authors Guild successfully prevented access to numerous literary works that were set for digital release.   

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“Going to the library was the one place we got to go without asking for permission. And they let us choose what we wanted to read. It was a feeling of having a book be mine entirely.” – Rita Dove.  Unfortunately, the Authors Guild, an authors’ advocacy group, does not want library patrons to access books without its permission.  The Authors Guild filed a lawsuit against five universities and the HathiTrust last week.  Although the reasoning in its complaint is flawed, the Authors Guild successfully prevented access to numerous literary works that were set for digital release.   

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The Bittersweet National Jukebox

If you have not had a chance to play with the Library of Congress’ new National Jukebox, stop reading this post and do it now.  The Jukebox is an amazing project that makes over 10,000 historic sound recordings from 1901 to 1925 available online.  These recordings, which span genres from opera to whistling (its own category) to novelty songs to speeches and everything in between, are fantastic examples of what is possible when you combine rich historical archives and the internet.  However, this project comes with a curious asterisk.



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If you have not had a chance to play with the Library of Congress’ new National Jukebox, stop reading this post and do it now.  The Jukebox is an amazing project that makes over 10,000 historic sound recordings from 1901 to 1925 available online.  These recordings, which span genres from opera to whistling (its own category) to novelty songs to speeches and everything in between, are fantastic examples of what is possible when you combine rich historical archives and the internet.  However, this project comes with a curious asterisk.

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If you have not had a chance to play with the Library of Congress’ new National Jukebox, stop reading this post and do it now.  The Jukebox is an amazing project that makes over 10,000 historic sound recordings from 1901 to 1925 available online.  These recordings, which span genres from opera to whistling (its own category) to novelty songs to speeches and everything in between, are fantastic examples of what is possible when you combine rich historical archives and the internet.  However, this project comes with a curious asterisk.

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If you have not had a chance to play with the Library of Congress’ new National Jukebox, stop reading this post and do it now.  The Jukebox is an amazing project that makes over 10,000 historic sound recordings from 1901 to 1925 available online.  These recordings, which span genres from opera to whistling (its own category) to novelty songs to speeches and everything in between, are fantastic examples of what is possible when you combine rich historical archives and the internet.  However, this project comes with a curious asterisk.

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Google Books Rejection Highlights Need for Orphan Works Reform

Today Judge Chin released his decision in the Google Books case. This is the biggest development in a while in a saga that has been unfolding since 2004. It’s great the the Judge recognized that Google and the Authors Guild (and the rest of the plaintiffs) were trying to use his court to set public policy, rather than to settle a dispute between parties. Hundreds of authors, academics, librarians, companies, and even foreign governments filed objections to the settlement, and we’re honored that the Judge agreed with us that the agreement, if approved, would give Google monopoly control of orphan works. The public deserves access to these works, but it should come through a change to the law, rather than a private agreement that locks in just one supplier.



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Today Judge Chin released his decision in the Google Books case. This is the biggest development in a while in a saga that has been unfolding since 2004. It’s great the the Judge recognized that Google and the Authors Guild (and the rest of the plaintiffs) were trying to use his court to set public policy, rather than to settle a dispute between parties. Hundreds of authors, academics, librarians, companies, and even foreign governments filed objections to the settlement, and we’re honored that the Judge agreed with us that the agreement, if approved, would give Google monopoly control of orphan works. The public deserves access to these works, but it should come through a change to the law, rather than a private agreement that locks in just one supplier.

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Today Judge Chin released his decision in the Google Books case. This is the biggest development in a while in a saga that has been unfolding since 2004. It’s great the the Judge recognized that Google and the Authors Guild (and the rest of the plaintiffs) were trying to use his court to set public policy, rather than to settle a dispute between parties. Hundreds of authors, academics, librarians, companies, and even foreign governments filed objections to the settlement, and we’re honored that the Judge agreed with us that the agreement, if approved, would give Google monopoly control of orphan works. The public deserves access to these works, but it should come through a change to the law, rather than a private agreement that locks in just one supplier.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Today Judge Chin released his decision in the Google Books case. This is the biggest development in a while in a saga that has been unfolding since 2004. It’s great the the Judge recognized that Google and the Authors Guild (and the rest of the plaintiffs) were trying to use his court to set public policy, rather than to settle a dispute between parties. Hundreds of authors, academics, librarians, companies, and even foreign governments filed objections to the settlement, and we’re honored that the Judge agreed with us that the agreement, if approved, would give Google monopoly control of orphan works. The public deserves access to these works, but it should come through a change to the law, rather than a private agreement that locks in just one supplier.

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Orphan Works

"Orphan Works" are copyrighted works—books, music, records, films, etc—whose owner cannot be located. Works can become "orphaned" for a number of reasons: the owner did not register the work, the owner sold rights in the work and did not register the transfer, the owner died and his heirs cannot be found ... the list goes on. This becomes a problem when a future creator wants to use that work—no future creator is willing to use the orphan work for fear that he/she will have to pay a huge amount of money in damages if the owner emerges.

What ASCAP Doesn't Understand

For the past several days, we here at Public Knowledge have been sitting back being mildly amused by the dust-up over an ASCAP fundraising letter that sought to demonize Public Knowledge, Creative Commons and EFF as "Copyleft" organizations that want to undermine their "Copyright," and want "music to be free."  Now the President of the National Music Publishers Association is getting into the fray, giving a speech about 10 reasons why "enemies" like PK have a "extremist, radical anti-copyright agenda."  How very subtle.



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For the past several days, we here at Public Knowledge have been sitting back being mildly amused by the dust-up over an ASCAP fundraising letter that sought to demonize Public Knowledge, Creative Commons and EFF as "Copyleft" organizations that want to undermine their "Copyright," and want "music to be free."  Now the President of the National Music Publishers Association is getting into the fray, giving a speech about 10 reasons why "enemies" like PK have a "extremist, radical anti-copyright agenda."  How very subtle.

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For the past several days, we here at Public Knowledge have been sitting back being mildly amused by the dust-up over an ASCAP fundraising letter that sought to demonize Public Knowledge, Creative Commons and EFF as "Copyleft" organizations that want to undermine their "Copyright," and want "music to be free."  Now the President of the National Music Publishers Association is getting into the fray, giving a speech about 10 reasons why "enemies" like PK have a "extremist, radical anti-copyright agenda."  How very subtle.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

For the past several days, we here at Public Knowledge have been sitting back being mildly amused by the dust-up over an ASCAP fundraising letter that sought to demonize Public Knowledge, Creative Commons and EFF as "Copyleft" organizations that want to undermine their "Copyright," and want "music to be free."  Now the President of the National Music Publishers Association is getting into the fray, giving a speech about 10 reasons why "enemies" like PK have a "extremist, radical anti-copyright agenda."  How very subtle.

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DOJ on Amended Google Books Settlement: Better, but Still Opposed

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."



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Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

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Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

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