Items tagged "Orphan Works"

Press Release

Filmmakers, Public Knowledge, Ask Orphan Works Policy Changes

March 15, 2006 News & Analysis , Orphan Works , Press Release

Documentary and independent filmmakers require further protections in their use of orphan works than were recommended by the U.S. Copyright Office, according to a statement filed today with the House Judiciary Committee by eight groups representing documentary and other independent filmmakers, and the public-interest group Public Knowledge.

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Press Release

Public Knowledge Asks Cap on ‘Orphan Works’ Damages

March 8, 2006 News & Analysis , Orphan Works , Press Release

Background: The House Subcommittee on Courts, the Internet and Intellectual Property today held an oversight hearing on the "Orphan Works" report issued in January by the U.S. Copyright Office.

Public Knowledge President Gigi B. Sohn said today that Congress should provide for a fixed amount of damages to compensate artists who use what they believed to be orphan works in their work. Orphan works are works whose author can't be located. However, if an author eventually comes forward, then some compensation would be due.

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Press Release

Public Knowledge Praises Orphan Works Report, Wants More Certainty

February 1, 2006 News & Analysis , Orphan Works , Press Release

Background: The U.S. Copyright Office late Tues. released its report analyzing the status of so-called "orphan works," works whose author can't be located. The report is located here: http://www.copyright.gov/orphan/. Background on the issue is on our web site here: https://www.publicknowledge.org/issues/ow.

Public Knowledge President Gigi B. Sohn today praised the U.S. Copyright Office for its report on orphan works, but said one of the key recommendations to Congress still falls short.

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Press Release

Public Knowledge Praises Copyright Office Notice on Orphan Works

November 27, 2005 Orphan Works , Press Release

For Immediate Release

Background: The U.S. Copyright Office published in the Jan. 26 Federal Register a notice asking for comment whether a solution is needed to deal with "orphan works" — works for which the copyright owner cannot be located. The Copyright Office said in its notice that: "…the public interest may be harmed when works cannot be made available to the public due to uncertainty over its copyright ownership and status, even when there is no longer any living person or legal entity claiming ownership of the copyright or the owner no longer has any objection to such use." The Office noted that given the high cost pursuing orphan works means that scholars and small publishers don't use the works, "even where there is no one who would object to the use." The full Notice is at:
http://www.copyright.gov/fedreg/2005/70fr3739.html.

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Post

What the Election Means for the Internet

November 7, 2012 Kirtsaeng , Network Neutrality , Open Internet , Orphan Works , SOPA

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

September 20, 2011 Fair Use , Orphan Works , Public Domain

“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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Post

The Bittersweet National Jukebox

May 13, 2011 Music Licensing , Orphan Works

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

March 22, 2011 Google Book Search , Orphan Works

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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Post

What ASCAP Doesn’t Understand

June 29, 2010 Music , Orphan Works

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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Post

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

February 5, 2010 Competition , Fair Use , Google Book Search , Monopoly , Orphan Works

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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