[Ecommerce] Orphan works report released

[Manon Ress]

From: Judit Rius Sanjuan <judit.rius@cptech.org>
Date: February 1, 2006 12:34:12 PM EST

The US Copyright Office just released an orphan works report.

http://www.copyright.gov/orphan/ <https://webmail.stanford.edu/horde/
util/go.php?url=http%3A%2F%2Fwww.copyright.gov%2Forphan%
2F&Horde=d340a21ae1d871c7c6c42d6803de34e2>

The Report recommends:
1) "good faith, reasonably diligent" search requirement;
2) Attribution to copyright holder where possible and appropriate
under the circumstances;
3) limitation on monetary remedies to  a) "reasonable compensation"
for commercial uses; b) no compensation if noncommercial and takedown
occurs upon notice of copyright holder surfacing and claiming
infringement;
4) limitation on injunctive relief: a) derivative works that use the
orphan in a work "with a significant amount of the infringer's
expression" added cannot be enjoined if reasonable compensation is
paid and attribution is given; b) all other uses can be enjoined, but
court should consider harm to the user from user's reliance on the
orphan works provision

"Reasonable compensation" is not defined in the Copyright Office's
sample language, but the report cites Davis v. The Gap and that
"reasonable compensation would equal what a reasonable willing buyer
and a reasonable willing seller in the positions of the owner and
user would have agreed to at the time the use commenced, based
predominantly by reference to evidence of comparable market
transactions."

--
Judit Rius Sanjuan
judit.rius at cptech.org
www.cptech.org

Consumer Project on Technology
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