On 29 october 2014 the intellectual property office ipo launched an online licensing scheme for orphan works. Apr 14, 2012 earlier this week i participated in the berkeley center for law and technology symposium on orphan works and mass digitization. Mar 06, 20 cdt believes that developing balanced reforms regarding both orphan works and mass digitization would serve. For example, artists or filmmakers might be inspired to include orphan works in their artworks or films and documentaries. Discussion on orphan works and mass digitization at us. The scholarly communication office is drafting a comment explaining the interests and projects of the five colleges in using orphan works. The hathitrust decision found a related mass digitization project to be fair use. Orphan and outofprint works, which embody a significant part of our cultural heritage, are a significant impediment towards the formation of digital libraries and mass digital archives. The increasing number of orphan works complicates the production artists works as well as the digitization of libraries collections. Justia regulation tracker agencies and commissions library of congress orphan works and mass digitization. Or if you missed the first deadline, this will be a second chance to weigh in. The report was released in june 2015 and recommended two fixes for orphan works and mass digitization.
Please contact laura quilter if you work, or would like to work, with orphan works, and would like to be represented in or informed about the comment. This will be an opportunity for you to either endorse those comments you agree with or object to those you dont. Our comments on copyright office recommendations for mass. May 20, 2014 the association of medical illustrators filed comments with the.
In examining a reasonable compensation model, participants considered possibilities for registration as well. Copyright offices new orphan works report contains flawed. Although mass digitization was ongoing in 2008, the practice has since become much more prevalent. Twice, orphan works acts have failed to pass congress because of strong opposition from visual artists, spearheaded by the illustrators partnership.
Comments of pk and eff on orphan works and mass digitization. Response by the society of american archivists to the notice of inquiry concerning orphan works and mass digitization, 29 january 20. Hathitrust comments on orphan works and mass digitization. Orphan works and mass digitization october 22, 2012. Google, amazon, yahoo, and microsoft, among others, are partnering with cultural institutions to increase the pace at which these collections are brought to the public. During these roundtables, the office heard a variety of viewpoints on a wide range of issues impacting orphan works and mass digitization efforts. Ami members are illustrators, animators, and interactive producers who translate and empower patients and physicians to make informed health decisions. This contribution has been written by maarten zeinstra. Given that the orphan works directive does not help with mass digitisation projects, this means that there is a continued need to provide legal mechanisms that allow cultural heritage institutions to make works in their collection available online. Mass digitization, generally summary although mass digitization was ongoing in 2008, the practice has since become much more prevalent. The office released its final analysis and recommendation entitled orphan works and mass digitization.
The uncertainty surrounding the ownership status of orphan works does not serve the objectives of the system. Such a system could lead to the creation of an orphan works database or registry that would enable creators to determine if their work has been used and, subsequently, receive payment for a license. Orphan works on an occasional or casebycase basis question 1 a. Report by the us copyright office on orphan works and mass.
Yet orphan works are not really addressed and its not known how broadly that opinion justifies other mass digitization projects. My panel was on the topic of orphan works and mass digitization. Aug 14, 2019 orphan works and mass digitization at 42. Lcas comments highlight arls code of best practices in fair use for academic and research libraries pdf which provide nuanced fair use guidance for libraries in a variety of circumstances, including situations relating to orphan works and mass digitization. The more they engage in these activities, the more confident librariesand their gatekeepersbecome with their fair use analysis concerning the mass digitization of presumptively orphan works.
If the holder cannot be located but the credited writer or director of the motion picture is locatable, a user of an orphan work should be required. Copyright office offers solutions to orphan works, mass. It presents a potential solution to institutions that are looking to meet the diligent search requirement of defining orphan works without dedicating extensive budget, timeline, and personnel to the matter. The ami is a global community that promotes the power of visual media to advance scientific understanding, communication, education, and research. While neither issue is treated explicitly or comprehensively in the code, there. An orphan work is a ed work whose owner is impossible to identify or contact. The french law on orphan works, known as the law on the digital exploitation of the unavailable books of the xx century, entered the official journal on 1st march 2012, the ip code was amended 1st september 2012 the legislation made it possible for books published in france prior to 1st january 2001 to be digitized if they were no longer. Kim gutchlag works at the national library of new zealand, having responsibility for the teams that acquire and. Although orphan works legislation made some headway in congress in the late 2000s, its progress was stalled for several reasons. Misinformation abounds regarding orphan works and mass digitization by zachary strebeck an issue was brought to my attention recently by a friend of mine, who was alarmed by a youtube video and some articles discussing the repercussions of a proposed initiative, the orphan works and mass digitization report and subsequent.
A number of the considerations attending mass digitization and orphan works also have implications for mass digitization generally, and we address some of these issues in part ii below. And, private entities have developed innovative new information registries and other resources to more efficiently bring rightsholders together with those seeking to use their works. In addition to its orphan works draft legislation, the report also includes a proposal for dealing with mass digitization, suggesting an extended collective licensing ecl model as the solution. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace. This bill would effectively destroy freelance artistry, tip the power scale in favor of corporations as if the game of life wasnt rigged enough and change the way we express ourselves forever. Thus, it is important to understand how mass digitization fits into an orphan works solution. The 2015 report also addresses the problem of mass digitization, which was seen in authors guild, inc. To make matters worse, the mass digitization of library and museum collections have made millions of orphan works discoverable by anyone with an internet connection. So it is no surprise that this issue is closely related to the questions addressed in the case authors guild v. Although orphan works legislation made some headway in congress in the late 2000s, its progress was. This orphan works bill which united states congress attempted to pass, with failure, is being pushed through and considered once again. With respect to the occasional or isolated use of an orphan work, how has the legal landscape or legal thinking evolved in the past four years. My contribution was to provide a summary of canadas orphan works regime. It would be very helpful if you could post a link to a sitesites that will be following the progress of the proposed legislation and any potential official petitions that seek to influence the outcome so.
Stop the next great copyright act orphan works and mass. Resolving the orphan works issue will present significant new educational opportunities because these works will be publicly accessible and available to students, faculty and the public. Among the kinds of questions that may be addressed in the symposium are. Directive 201228eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works, official journal of the european union 5, 7 2012. Google, amazon, yahoo, and microsoft, among others, are partnering with cultural institutions to increase the pace at which these collections are brought. Digitization and preservation in public libraries and archives. Please comment on potential orphan works solutions in the context of mass digitization. The association of medical illustrators takes the position that, other than where mass digitization is the functional equivalent of transferring collections of print works to microfiche format, there are no circumstances in which mass digitization without consent of rights holders should be permitted. Orphan works and mass digitization reply comments 4 holder. In its limited capacity, the eu directive on orphan works does not provide an undisputed solution as it does not cover commercial uses of orphan works, and is hence not suitable in the context of mass. Misinformation abounds regarding orphan works and mass. Jun 24, 2015 in addition, the report highlights the fact that several countries in europe have adopted legislative responses to both orphan works and mass digitization, ranging from calibrated exceptions to government licenses to extended collective licensing. This inability to request permission from the owner often means orphan works cannot be used in new works nor digitized.
Day 2 of the orphan works and mass digitization roundtables began with a discussion of possible remedies for orphan works offenses. The offices orphan works report did not analyze the issue of mass digitization in detail, and the subsequent 2008 proposed legislation did not squarely address the possibility of systematic or en masse copying, display, or distribution. Encouraged by the success in finding common ground on orphan works, in september 2011, stm, together with other stakeholders representing public libraries, other publishers and. Currently, there is no system in place to track the use of orphan works, through digitization or other means, but specialists in intellectual property believe one is needed.
Indeed, in recent months, the european commission has adopted measures that would begin to resolve the issue in certain contexts and a number of foreign governments. Google, which was decided in november and is now being appealed. Coordinated by professor pamela samuelson, this last week it pulled together approximately 200 highly accomplished and wellspoken legal scholars, practitioners and librarians in a small conference on orphan works, orphan works and mass digitization. Mass digitization has facilitated growing recognition that a policy of overprotection is just as destructive to s aims as one of. Issue brief copyright office report on orphan works1 june. Federal register, volume 77 issue 204 monday, october 22, 2012. This inability to request permission from the owner often means orphan works cannot be used in new works nor digitized, except when fair use exceptions apply. Hathitrust uses the extant law to provide its services including preservation, fulltext search, and access for those with print disabilities and does not need orphan works legislation to do this work.
The act will help resolve issues surrounding orphan works, works whose owners are difficult or impossible to locate. Federal register orphan works and mass digitization. Request for additional comments and announcement of public roundtables, 77067711 201402830. Publication date 20120412 topics brewster kahle, pamela samuelson, jason schultz, jennifer urban, david hansen, orphan works, mass digitization, uc berkeley law. Mass digitization provides valuable new opportunities for research, including text mining and computational research.
Earlier this week i participated in the berkeley center for law and technology symposium on orphan works and mass digitization. Orphan works and mass digitization federal register. Initial comments, february 3, 20 orphan works and mass digitization. Is legislation necessary to achieve a solution to the orphan works problem. Jul 22, 2015 for almost twenty years, the nwu has been concerned about the effect on writers incomes of a variety of mass digitization proposals and projects to scan collections of written works and distribute them in electronic form, without first obtaining permission from the authors of these works. These situations include, for example, addressing preservation of atrisk items. Aall has concerns about an ecl model, which was opposed by most participants during the march 2014 roundtables. This problem was addressed in the 2011 case authors guild et al. What is extended about extended collective licensing. Getting permission from that many people, and finding all of them, is difficult. Oct 01, 2015 read the 2015 orphan works and mass digitization report. The report sets forth the problem of orphan works, noting. It seems clear to me that the best solution to the orphan works problem in many situations, including mass digitization of distinct and distinctive collections by libraries, is fair use. I was part of a panel devoted to various solutions to the problem.
For example, recentlypassed legislation in the united kingdom creates a bifurcated approach allowing certain types of individual uses of orphan works and mass digitization. The copyright office has released its report on mass digitization and orphan works, issues at the heart of the ongoing authors guild v. Oct 09, 2015 on september 28, 2008, lca wrote to representatives urging their support for s. Orphan works and mass digitization 4 a diligent search tailored to specific categories of works, and 3 revocable orphan work designation. Does a writer risk and publish the materials without permission or must this valuable, informative orphan work remain tucked away and inaccessible to the public. Mass digitization projects pose challenges because of the number of creators involved. Weigh in on orphan works to the copyright office by april. As the supreme court reaffirmed in 2012, facilitating the dissemination of creative expression is an important means of fulfilling the constitutional mandate. Request for additional comments and announcement of public roundtables. This article explores the possibility of crowd sourcing attempts to contact holders of suspected orphan works before digitization occurs. Indeed, a number of foreign governments have recently adopted or proposed solutions. Wikimedia commons has media related to orphan works in the united states. In legal policy debates, an orphan refers to a ed work whose. A report of the register of copyrights in june 2015.
Journal of librarianship and information science, 342, pp. The licenses granted are not exclusive and all rights holders have the right to opt out of any license. Digitization,2 including recommendations for legislation on orphan works and the creation of an extended collective licensing ecl regime for mass digitization. Orphan works and mass digitization reply comments center. April 2012 symposium held by uc berkeley center for law and technology. Copyright office offers solutions to orphan works, mass digitization. Mass digitization projects also contain a great deal of promise for public access to knowledge even beyond orphan works, including access to nonorphaned works that are not commercially available and even commercial access to works. My aim in this article is to untangle the orphan works thicket as it relates to library digitization and show that, correctly understood, there is no orphan works problem for certain kinds of library digitization. Mar 28, 2019 the third webinar will focus on mass digitization and the issue of orphan works. Mass digitizationthe wholesale scanning and digital reproduction of large collections of workspresents a unique challenge, because often its impracticable to negotiate with each of the owners implicated in any given digitization project. Critics cited the low numbers as evidence that the eu approach to orphan works is unreasonably complex and wont adequately address the problem its trying to fix, namely enabling mass digitization efforts united kingdom. Many lists and categories of orphans definitional categories diligent or reasonable search unable to locate owner no response from owner scalability of the search types of works books periodicals photos, images, art motion pictures music and sound recordings. The courts have resoundingly ruled that mass digitization projects pursued by hathitrust and our participants fall within fair use.
Orphan worksmass digitization library copyright alliance. Alongside this proposal for how to deter use of individual orphan works is a grander scheme to deter mass digitization projects, called extended collective licensing. Orphan works and mass digitization us copyright office. Copyright office releases report on orphan works and mass. In addition, the report highlights the fact that several countries in europe have adopted legislative responses to both orphan works and mass digitization, ranging from calibrated exceptions to government licenses to extended collective licensing. Because the law is unclear about the rights of libraries to use and digitize orphan works, mla supports legislative reform to this problem that would make these materials more widely available. Orphan works and extended collective licensing ecl nwu. The offices 2006 report and the 2008 proposed legislation did not consider the issue of mass digitization in detail. Directors and writers are economic, creative, moral and human rightholders, and those rights warrant protection. It presents a potential solution to institutions that are looking to meet the diligent search requirement of defining orphan works without dedicating extensive budget, timeline, and personnel. I had the pleasure of being a panelist at the 2014 annual fordham law and policy ip conference. Orphan works are generally defined as ed works where the author or owner cannot be identified or located. There have been two major developments since 2008 that have shaped our thinking regarding unpublished orphan works. These brief reply comments offer our perspective on the issues, where they overlap, and possible paths forward on each.