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Copyright Office Seeks Public Comments on Orphan Works Issues
Practical Law Legal Update 8-522-0333 (Approx. 3 pages)
Copyright Office Seeks Public Comments on Orphan Works Issues
by PLC Intellectual Property & Technology
| Published on 23 Oct 2012 • USA (National/Federal) |
The US Copyright Office has released a notice of inquiry that seeks public comments on the various issues related to orphan works, specifically addressing recent legal and business changes that might be relevant. The Copyright Office also seeks comments on possible legislative, regulatory or voluntary solutions.
On October 22, 2012, the US Copyright Office published a notice of inquiry seeking public comment on issues concerning orphan works and mass digitization.
In its notice, the Copyright Office emphasizes that, under the current law, users of orphan works who cannot identify or locate the works' copyright owner either:
- Face potential copyright infringement liability for using a work without permission.
- Are unduly restricted from using or accessing millions of works for use in research, education, books or films.
The Copyright Office seeks comments addressing:
- Recent legal and business developments that may be relevant to resolving the issues posed by orphan works.
- Legislative, regulatory or voluntary solutions that should be considered.
Update: Comments on this notice of inquiry are due by 5:00 p.m. EST on February 4, 2013. On November 30, 2012 the US Copyright Office published a notice extending the deadline from the original January 4, 2013 due date in recognition of the number and complexity of issues raised by its October 22, 2012 notice.
The Copyright Office also extended the due date for filing reply comments to 5:00 p.m. EST on March 6, 2013.