Court says no to Orphan Works, How about Congress?

January 23, 2007 ,

You may have heard that the Kahle v. Gonzales appeal was decided today, unfortunately, not in a way that would help to address the problem of orphan works. Essentially, the U.S. Court of Appeals for the Ninth Circuit said that even though Brewster Kahle et al constitutionally challenged the Copyright Renewal Act and the Copyright Term Extension Act on a free speech basis, as it created effectively perpetual copyright terms for works published between 1964 and 1978, the issue was decided already in Eldred.

Please check back here later today for more discussion of Kahle v. Gonzales and the related orphan works policy implications, but until then you can:

  • Read the decision for yourself here

  • Read Brewster Kahle's blog post here.