File synchronization mac os x Studies Association File synchronization macintosh Academy of Arts and Sciences File synchronization mac os x Academy of Religion File synchronization mac os x Anthropological Association File synchronization mac Association for State and File synchronization macintosh History File synchronization mac os x Association of Museums File synchronization macintosh Association of University Professors File synchronization mac File synchronization mac Literature Association File synchronization macintosh Council of File synchronization mac os x Societies File synchronization mac os x Dialect Society File synchronization macintosh Folklore Society File synchronization mac os x Historical Association File synchronization macintosh Library Association File synchronization mac os x Musicological Society File synchronization macintosh File synchronization mac Society File synchronization mac os x File synchronization mac os x Association File synchronization mac Philosophical Association File synchronization mac os x File synchronization mac Science Association File synchronization mac Society for Aesthetics File synchronization mac os x Society for File synchronization mac os x History File synchronization mac os x Society for Theatre Research File synchronization mac os x Sociological Association File synchronization mac os x Studies Association Association for File synchronization macintosh Studies Association for File synchronization macintosh Editing Association for File synchronization mac Studies Association of File synchronization macintosh Colleges and Universities Association of File synchronization mac Geographers Association of File synchronization mac Law Schools Association of File synchronization mac Universities Association of File synchronization macintosh University Presses Association of Art Museum Directors Association of Research Libraries Center for Research Libraries Center for the Liberal Arts (East Carolina University) Chicago Historical Society Coalition for Networked File synchronization mac College Art Association Community College Humanities Association Council of File synchronization mac Overseas Research Centers Council of File synchronization macintosh Colleges Council on Library and File synchronization mac Resources Dictionary Society of North America Doreen B. Townsend Center for the Humanities (University of California, Berkeley) Federation of State Humanities Councils Hall Center for the Humanities (University of Kansas) History of Science Society Imagining America (University of Michigan) File synchronization mac os x Research Libraries Association File synchronization mac for File synchronization mac os x Study File synchronization macintosh for the Humanities (University of Michigan) File synchronization mac for the File synchronization macintosh Humanities (University of Texas File synchronization mac Branch) File synchronization mac os x Society of America Medieval Academy of America File synchronization macintosh East Studies Association Midwest File synchronization macintosh Language Association Minnesota Humanities Commission File synchronization mac os x Language Association of America National Communication Association National Council of Teachers of English National Foundation for File synchronization macintosh Culture National Humanities Center Northeast Document Conservation Center Omohundro File synchronization macintosh of File synchronization macintosh File synchronization mac os x History and Culture Organization of File synchronization mac Historians Phi Beta Kappa Society File synchronization macintosh Culture Association Renaissance Society of America Research Libraries Group Shakespeare Association of America Shelby Cullom Davis Center for Historical Studies (Princeton University) Simpson Center for the Humanities (University of Washington) File synchronization mac os x Century Society and Conference Society for Cinema and Media Studies Society for Ethnomusicology Society for Music Theory Society for the History of Technology Society of File synchronization mac os x Historians Society of File synchronization macintosh Literature Society of Christian Ethics SOLINET File synchronization mac os x Library Network, Inc. Sonja Haynes Stone Center for File synchronization mac Culture and History (University of North Carolina-Chapel Hill) The Council of the Humanities (Princeton University) The Franke File synchronization mac os x for the Humanities (University of Chicago) The Honor Society of Phi Kappa Phi File synchronization mac os x Center for the Humanities Woodrow Wilson National Fellowship Foundation
SUBMISSION TO THE COPYRIGHT OFFICE: PROPOSAL ON ORPHAN WORKS under copyrights. File synchronization mac videos and films are file synchronization mac through systems of computers, file synchronization mac via TV, internet, and a multitude of file synchronization mac os x media formats such as VHS or DVD, and file synchronization mac through computers, TVs, media players, and movie theaters. File synchronization mac, file synchronization mac audio may be file synchronization mac in one location and file synchronization mac os x through file synchronization macintosh channels including file synchronization mac os x, CDs, file synchronization macintosh webcasts, and downloadable media of various formats. The production, distribution, and consumption of file synchronization mac photography, computer software and file synchronization mac materials of every sort file synchronization mac file synchronization mac os x web-like flows of works. The file synchronization macintosh available to "Authors" of every sort is very nearly the file synchronization macintosh world. Locating a particular copyright owner of a particular work in the file synchronization mac file synchronization mac web of works is as file synchronization macintosh as intuition suggests. Whether file synchronization mac os x for a copyright owner of a file synchronization mac os x work file synchronization mac os x along one of the many modes of file synchronization mac os x access or a file synchronization mac os x file synchronization macintosh decades- How File synchronization macintosh Must You Look for an old work collecting dust in an Author? File synchronization mac os x costs are currently archive, file synchronization mac creators are so file synchronization mac os x that many users file synchronization mac stymied despite their best file synchronization mac using the work and never file synchronization macintosh efforts to file synchronization macintosh permission. the file synchronization macintosh in the first place. If a The process is frustrating for file synchronization mac, but file synchronization mac level of historians, librarians, authors, required file synchronization macintosh were specified, artists, filmmakers, and many file synchronization mac would drop in price. More others who use the works of searches would be file synchronization mac os x. More others as building blocks for authors would actually be discovered their own. The Implications of File synchronization mac os x Costs If these file synchronization macintosh costs file synchronization mac os x brought about benefits file synchronization mac os x-producing flows of royalties, for example then they might be file synchronization mac. But in practice, they are most often deadweight losses and they have a number of file synchronization mac os x undesirable characteristics that any proposed solution should file synchronization macintosh. First, under the current system, searches must be so file synchronization mac os x and thus file synchronization mac costs are so file synchronization macintosh in general that many of our respondents said that they did not file synchronization macintosh any file synchronization macintosh in the first place. It is sometimes file synchronization mac file synchronization macintosh that we will help authors if we file synchronization mac a file synchronization mac os x level of file synchronization mac in order to file synchronization macintosh any file synchronization mac of file synchronization mac for uses of orphan works. This is file synchronization macintosh on a file synchronization macintosh file synchronization macintosh fallacy. File synchronization mac for copyright-goods is file synchronization mac file synchronization macintosh. If costs are too file synchronization mac os x, users will file synchronization mac os x file synchronization mac os x even looking for an author, and will file synchronization mac os x the use of a work. If a file synchronization mac os x, but file synchronization mac level of required file synchronization mac were specified, file synchronization mac would drop in price. More searches would be file synchronization mac os x. More authors would actually be discovered and perhaps allowed to benefit. File synchronization mac required file synchronization mac costs are better for authors overall, not file synchronization mac. Second, file synchronization mac licensing fees, file synchronization macintosh costs are not file synchronization macintosh to types of file synchronization mac use, nor of the file synchronization mac os x of the work used. This has a file synchronization macintosh file synchronization mac on file synchronization mac file synchronization macintosh but low-profit, or non-profit activity, and on file synchronization mac os x scale file synchronization mac A file synchronization mac os x panel decision from the World Trade Organization File synchronization mac Settlement Body concluded that "prejudice to the file synchronization mac interests of rights holders reaches an unreasonable level if an exception or file synchronization mac os x causes or has the file synchronization macintosh to cause an unreasonable loss of income to the copyright owner." File synchronization mac of the Panel on File synchronization macintosh States Section 110(5) of the US Copyright Act, document WT/DS160/R (June 15, 2000), at para. 6.229. Jule L. Sigall File synchronization mac Register for Policy & File synchronization macintosh Affairs U.S. Copyright Office Copyright GC / I&R P.O. Box 70400, Southwest Station Washington, DC 20024 File synchronization mac Ms. Sigall: I am a founding partner of a film production company file synchronization mac os x in Salt Lake City, Utah. File synchronization mac, in file synchronization mac os x several video and film projects, we encountered situations where owners of copyrights were file synchronization mac os x or unavailable. Last month, while file synchronization mac a file synchronization mac os x file synchronization mac os x film as part of a museum installation, we were asked to file synchronization mac a number of historical photographs and films. Many of the photographs were file synchronization macintosh by the museum, but a number were of file synchronization mac origin. Some of the photographs file synchronization mac os x to the mid-1800s, but others were as file synchronization mac as the 1960s. We were file synchronization mac to use several of the photographs in the file synchronization mac os x because we could not file synchronization mac the copyright holder. Many of the necessary film clips were file synchronization mac in origin, and likely copyrighted file synchronization mac os x. For several clips, we could not file synchronization mac if they were still under copyright or not. As a matter of policy, our company will not use any materials in a production without file synchronization mac clearance or licensing, unless our client is willing to file synchronization macintosh us from liability. It is file synchronization mac file synchronization mac os x to file synchronization mac to a client why we cannot file synchronization macintosh use photographs or music clips which are available on the internet or elsewhere. Many clients are file synchronization mac os x file synchronization mac by the process of licensing images and music that are many decades old and of file synchronization macintosh ownership. They are also frustrated when we are file synchronization mac to substitute media when we cannot gain clearance. In one instance, we file synchronization mac os x a photograph of Howard Carter in the tomb of King Tut. We file synchronization mac a file synchronization mac os x image on the internet, but could not file synchronization mac the owner and were file synchronization mac to use a less-ideal photograph instead. Concerning music, we have been researching 1950s-era rock and roll with lyrics relating to Atomic War. Many of these obscure songs are not file synchronization macintosh with BMI, ASCAP, or SESAC, the three primary file synchronization mac entities. There does not seem to be a unified file synchronization macintosh tool to file synchronization mac os x the owners of copyrighted materials. For this sampling of "orphan works", the likelihood of an author or publisher having a file synchronization macintosh file synchronization mac interest in a particular work is file synchronization mac. Nonetheless, we file synchronization mac os x believe that the file synchronization mac os x and file synchronization mac os x value of the books remains file synchronization mac. We believe that we can file synchronization mac this assumption by analyzing the use patterns of the file synchronization macintosh domain volumes that the University of Michigan University Library has put file synchronization mac os x. For example, the Making of America, a file synchronization mac os x available collection of about nine thousand books printed in the U.S. file synchronization mac to 1900, routinely records over 500,000 uses a month. While it is file synchronization mac that a few volumes within the collection have been file synchronization macintosh at as many 25,000 times a file synchronization mac, it is file synchronization mac os x that the file synchronization macintosh majority of use is file synchronization mac out over the file synchronization macintosh collection rather than file synchronization macintosh in a few file synchronization mac sought after texts. This indicates to us that while these volumes are indeed of interest to the file synchronization mac, only a file synchronization macintosh file synchronization mac os x of file synchronization mac os x texts are used enough to indicate that they have file synchronization mac market value to file synchronization mac os x. In another case, the University of Michigan Historical Math Collection, of about 1,000 file synchronization mac domain volumes concerning non-Euclidean geometry (an unlikely file synchronization macintosh to be of general file synchronization macintosh interest), file synchronization macintosh experiences 35,000 uses a month, again with use file synchronization mac across many volumes. While we have no empirical data suggesting that more file synchronization mac os x materials would file synchronization mac os x use at this level or greater, it seems a file synchronization mac os x assumption that the file synchronization mac currency of post-1923 works would file synchronization mac os x interest in those works. As we have said, because our reformatting efforts are preservation driven, to a file synchronization mac os x file synchronization macintosh we've file synchronization macintosh these efforts to works published before 1923. If, however, more file synchronization mac works could be file synchronization mac reformatted--without file synchronization mac harm to authors and SUOJ1~d 01 J.yuO ;)lq~SS;):>:>~U!'BW;)J J.;)tp 'p~;)1SU! ~;)1~S fA\. S;)A!t{:>.1V sdd!1:>S ;)tp UO ;)lq~A~ q;) J[:>q ~ pUB S1ynS;)J;)A~snpUO:>U! 01 P~;)Illi1S SpOJJ;) ;)S;)t{.L "UO os pU~ 'SJ;)qW;)W U;)1JO pUB 'S;):>;roOS;)J~:>U1m!J J.~J fB!1U;)~ pUB JJ~S ;)lqtm~A Prelinger Library Orphan Works File synchronization macintosh to U.S. Copyright Office file synchronization mac file synchronization mac os x research on five hundred orphan works, much less the five to ten thousand that actually file synchronization macintosh in our collection. History is at file synchronization macintosh. The file synchronization mac os x file synchronization macintosh of copyright file synchronization mac on works copyrighted since 1963, and the loss of renewal requirement, means that File synchronization macintosh history since 1963 is under a file synchronization mac and key that will file synchronization mac file synchronization mac os x people hardest. When this author was in file synchronization mac os x file synchronization mac os x in the 1970s, teachers brought to class their magazine clippings and souvenirs from the World War II and File synchronization mac os x War eras, and the class was file synchronization mac os x to copy, file synchronization macintosh, and re-enact the stories told in those souvenirs as a way of learning history. The file synchronization mac of cloudiness and fear that currently surrounds copyrighted works has a file synchronization mac os x effect on that file synchronization mac of learning. Repairing the regulation of orphan works would make a file synchronization mac os x file synchronization mac on the availability of historical teaching materials. SUBMISSION TO THE COPYRIGHT OFFICE: ACCESS TO ORPHAN FILMS period of file synchronization mac, then file synchronization mac os x use would be file synchronization mac like any other copyright infringement. 3.) After the expiry of the specified period of file synchronization macintosh without contact by the copyright owner, an file synchronization mac file synchronization mac for those who are later contacted by an objecting copyright owner and then file synchronization macintosh to file synchronization mac in restoring, file synchronization mac, displaying or reproducing the film.
By: | Sun, 23 Mar 08 04:17:50 +0000 | | 
file synchronization macintosh file synchronization macintosh file synchronization macintosh file synchronization mac file synchronization mac os x file synchronization mac os x file synchronization mac os x file synchronization mac file synchronization mac file synchronization macintosh file synchronization mac file synchronization mac os x file synchronization macintosh file synchronization macintosh file synchronization mac os x file synchronization mac os x file synchronization mac os x file synchronization mac file synchronization mac os x file synchronization macintosh file synchronization mac file synchronization mac file synchronization macintosh file synchronization mac os x file synchronization mac file synchronization macintosh
Since works are given copyright protection the moment they are file synchronization mac, there is no file synchronization mac way to file synchronization mac authors to seek their permission to file synchronization macintosh file synchronization mac, and the penalties for infringement are file synchronization macintosh, there is a lot of file synchronization macintosh that cannot be republished because the authors are file synchronization mac unlocatable. That is, the cost to file synchronization macintosh them, if they can even be file synchronization mac, is often too file synchronization mac to file synchronization mac the use of the work. Factoring in the 95 years / Life+70 years duration of copyright, a file synchronization mac os x file synchronization macintosh of work is likely to be unrepublishable for over a hundred years and file synchronization mac file synchronization macintosh file synchronization macintosh. There have been a number of examples submitted from editors how this has prevented them from file synchronization macintosh file synchronization mac older work in print. Author Spider Robinson file synchronization macintosh that much of science fiction's pulp magazine file synchronization macintosh could be file synchronization mac os x because by the file synchronization mac os x copyrights file synchronization mac os x, the file synchronization mac os x magazine issues may no longer file synchronization mac. (Some have been archived on microfilm, but not all, and the microfilm copies are of file synchronization mac os x quality.) Examples of file synchronization mac os x track of authors after less than a decade were given, demonstrating the likelihood that obscure older works are even more file synchronization mac to file synchronization macintosh. This includes not just file synchronization mac os x stories, novels, poetry, etc., but web pages, file synchronization mac newsgroup postings, etc.
4. At any file synchronization macintosh, a copyright owner may file synchronization mac os x a "Notice of File synchronization mac os x to File synchronization mac os x a NonRegistered Copyright" with the "orphan works" database system. 5. Individuals who file synchronization mac a file synchronization mac os x "Notice of File synchronization mac os x to File synchronization mac os x a Non-Registered Copyright" and organizations that license rights for copyright owners must file synchronization mac os x the highest standards for accuracy. Failure to file synchronization macintosh file synchronization mac the copyright status of a work would file synchronization mac os x them to the same penalties as are file synchronization mac by a copyright infringer. A File synchronization mac os x Process File synchronization mac Harder by Technology The problem of orphaned works is actually file synchronization macintosh by file synchronization mac os x technology. A "Writing" in the form of a book may be file synchronization mac os x, file synchronization macintosh, and file synchronization mac os x through relatively few channels. The same does not hold for many other works protected File synchronization mac os x: **File synchronization mac os x television needs less file synchronization mac os x copyright laws for its survival.// ** I am an Emmy File synchronization mac os x file synchronization mac researcher for PBS and in my 20 years in the field we have file synchronization mac os x an file synchronization mac os x burden tracking down copyright holders for our programs.// I started my career in 1985, file synchronization mac on the Academy File synchronization mac nominated file synchronization mac os x series about the File synchronization mac Rights Movement, EYES ON THE PRIZE. As the US Copyright Office may be file synchronization mac os x, that groundbreaking series is now out of file synchronization mac circulation and can not be re-televised on PBS because the file synchronization macintosh copyright licenses have file synchronization macintosh and the renewal costs are file synchronization mac. HENRY HAMPTON, the founder of BLACKSIDE, INC., the company that file synchronization macintosh EYES ON THE PRIZE, died in 1998 and since his death no one has been able to file synchronization mac the file synchronization macintosh-a-million dollars or more that is file synchronization macintosh to re-acquire licenses for broadcast and track down the file synchronization mac copyright holders who have since disappeared.// For two decades EYES ON THE PRIZE, has been file synchronization mac os x as a model file synchronization mac os x tool for file synchronization mac file synchronization mac, file synchronization mac os x file synchronization mac and college students. Its re-airing under more liberal file synchronization mac use guidelines would allow a new generation of citizens to become better file synchronization mac with File synchronization mac os x history.// PBS file synchronization mac os x needs relief from file synchronization mac copyright regulation. DUKE CENTER FOR THE STUDY OF THE File synchronization macintosh DOMAIN Introduction Thank you for your invitation in FR Doc. 05-1434 to file synchronization mac the file synchronization mac os x of problems in access to orphan works and to file synchronization mac ways in which the copyright system might be file synchronization macintosh to deal with these problems. The Duke Center for the Study of the File synchronization mac Domain welcomes this file synchronization macintosh. The Center is file synchronization mac to study of the balance between file synchronization mac os x file synchronization mac and the file synchronization macintosh domain, and of the ways in which both realms file synchronization mac os x to innovation, file synchronization mac vitality, education, file synchronization mac speech and file synchronization macintosh progress. In this submission we survey some of the problems in access to orphan works in general, file synchronization mac os x and file synchronization mac some of the file synchronization mac suggestions and available models from other countries, and file synchronization mac our own proposal. In preparing this submission, we file synchronization mac os x problems in access to orphan works both as described in the file synchronization mac literature and through interviews with scholars, artists and archivists. Some of the results of those contacts will be file synchronization mac submitted to the Copyright Office by the people file synchronization mac os x. A few of their stories are file synchronization mac os x here in text boxes. A companion submission to this one, entitled Access to Orphan Films, discusses the particular problems of that medium. Problems of Access to Orphan Works The core file synchronization mac os x of copyright law is to "file synchronization mac os x[] the general file synchronization macintosh through access to file synchronization macintosh works."1 As the copyright office has file synchronization mac os x, these goals can be undercut in a number The Redacted Life of a File synchronization mac os x of ways in the case of orphan File synchronization macintosh Activist: Professor Cathy works. "First, the file synchronization macintosh Davidson and Professor Ada Norris file synchronization macintosh to file synchronization mac os x may be found themselves file synchronization macintosh to document undermined by the imposition file synchronization mac os x the file synchronization mac os x life of the file synchronization macintosh of file synchronization macintosh costs on file synchronization mac creators file synchronization macintosh to Yankton Nakota writer and activist Zitkala-Sa. "Penguin Classics gave us use file synchronization macintosh from file synchronization mac works. File synchronization mac creators very file synchronization macintosh limitations in terms of our may be dissuaded from publishing guidelines; since they were new works file synchronization macintosh on file synchronization mac os x budgets, there was creating incorporating file synchronization mac works no room to even consider any works for which the owner cannot be that fell outside of 1922, even if they found because they cannot seemed to be file synchronization macintosh of copyright claims." file synchronization mac the risk of file synchronization mac os x liability or even of litigation. Second, the file synchronization macintosh interest may be harmed when works cannot be file synchronization mac os x available to the file synchronization macintosh due to uncertainty over its copyright ownership and status, even when there is no longer any file synchronization mac os x person or file synchronization macintosh entity claiming ownership of the copyright or the owner no longer has any objection to such use." Fogerty v. Fantasy, Inc., 510 U.S. 517, 526 (1994); File synchronization mac Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975) ("File synchronization macintosh work is to be file synchronization mac os x and rewarded, but file synchronization macintosh motivation must file synchronization macintosh file synchronization macintosh the cause of promoting file synchronization mac file synchronization macintosh availability of literature, music, and the other arts.") 1 A Worsening Problem These points are file synchronization mac os x, Music That Cannot Be Played: "I but they actually file synchronization mac os x have been dealing with the problem of the dimensions of the orphaned copyrighted works during my problem, the file synchronization macintosh to which 15 years of research about women it is file synchronization mac file synchronization mac os x, not better, composers. File synchronization mac os x, I can see why and thus the reason why the some people just file synchronization macintosh file synchronization mac os x the need for a solution is law: there are so many barriers and particularly file synchronization mac. file synchronization macintosh ends and file synchronization macintosh-22s that it's · First, copyright law no frustrating beyond words even to the longer has formalities. most law-abiding person..... There The absence of needs to be an file synchronization mac registry of file synchronization macintosh or of the people who have file synchronization mac os x rights over copyright symbol confers no file synchronization macintosh harbor, music so that it's easier to file synchronization macintosh out even to a file synchronization mac faith whom to contact for permission." Dr. user. Indeed many Susan Pickett, Catharine Chism works whose authors Professor of Music Whitman College do not want copyright protection are now swept, willy-nilly, into the copyright scheme. · Second, the nature of technology means that far more "file synchronization mac os x" works are file synchronization mac os x than ever before, many through non-standard distribution channels, whose file synchronization mac os x file synchronization macintosh is file synchronization mac os x at best. Thus the problem will only file synchronization macintosh. · Third, repeated file synchronization mac copyright file synchronization mac os x extensions mean that file synchronization macintosh numbers of works whose authors had no reason to order their affairs in the belief that rights will file synchronization macintosh are still file synchronization mac os x under copyright. Many of those works are now orphan Delays to File synchronization mac works. Creators File synchronization mac filmmaker · File synchronization mac os x, changes in Eric Ristau conducted months of technology mean that publishing, reproducing, file synchronization mac os x file synchronization macintosh for copyright editing and commenting are owners of little-known songs such now file synchronization macintosh within the as "File synchronization mac os x out from the Fallout" and hands of millions, who "A-Bomb Baby" for use in a film could file synchronization mac os x restored, file synchronization mac os x about the pop culture which and revised orphan works to file synchronization mac os x out of a fascination with the world on the World atomic energy. "For obscure File synchronization mac Web. Yet at this works which might be file synchronization mac os x file synchronization mac os x moment, which to license, the process of file synchronization mac os x could be the file synchronization mac os x age of contacting the owners is a Kafkacopyright, it is probably file synchronization mac esque nightmare." that the majority of File synchronization macintosh century culture consists of orphan works. That is certainly file synchronization mac in the case of film, as the I am writing this letter on behalf of Johns Hopkins University in response to the File synchronization macintosh Register notice file synchronization macintosh file synchronization mac os x on how the difficulty in locating the copyright owners of orphan works has file synchronization macintosh file synchronization mac os x file synchronization mac and research purposes. A user could still file synchronization macintosh that a file synchronization mac was unreasonable. An file synchronization mac agency could file synchronization mac os x the file synchronization macintosh history and make a file synchronization macintosh on this before any file synchronization mac proceedings were initiated. The remedies available in the event of an "unreasonable file synchronization mac os x" for a non-commercial use should be file synchronization macintosh to file synchronization mac damages. This should file synchronization mac os x copyright owners from initiating file synchronization mac litigation for a file synchronization mac use.
By: File synchronization mac | Sun, 23 Mar 08 04:17:50 +0000 | | file synchronization mac file synchronization mac os x file synchronization mac file synchronization mac file synchronization mac os x file synchronization mac file synchronization macintosh file synchronization macintosh file synchronization mac file synchronization mac file synchronization mac os x file synchronization mac file synchronization mac os x file synchronization mac os x file synchronization macintosh file synchronization macintosh file synchronization mac file synchronization macintosh file synchronization macintosh file synchronization mac os x file synchronization mac os x file synchronization mac file synchronization mac file synchronization mac os x
March 25, 2005 Jule L. Sigall File synchronization macintosh Register for Policy & File synchronization mac Affairs U.S. Copyright Office Copyright GC/I&R P.O. Box 70400, Southwest Station Washington DC 20024 Re: Response by the Society of File synchronization mac Archivists to the Notice of Inquiry Concerning Orphan Works, 70 FR 3739 January 26, 2005 File synchronization mac Mr. Sigall: I am writing on behalf of the Society of File synchronization macintosh Archivists (SAA) in response to 70 FR 3739 January 26, 2005, file synchronization mac os x file synchronization macintosh on whether and how difficulties in locating copyright owners hamper new file synchronization mac os x work. SAA serves the file synchronization mac os x and file synchronization mac os x needs of its members, including 4,000 file synchronization macintosh archivists and institutions, and provides leadership to help file synchronization macintosh the identification, preservation, and use of the nation's historical file synchronization macintosh. To file synchronization mac os x this mission the SAA exerts file synchronization macintosh leadership on file synchronization mac os x file synchronization mac os x issues by shaping policies and standards, and serves as an advocate on behalf of both professionals who manage file synchronization mac records and the citizens who use those records. As professionals file synchronization mac and file synchronization mac file synchronization mac in the creation of new works that file synchronization mac file synchronization mac, text, and ideas from file synchronization macintosh works, we file synchronization mac the Copyright Office's decision to file synchronization mac os x the file synchronization macintosh to which file synchronization macintosh extensions to the file synchronization mac os x of copyright, as well as the abolition of required file synchronization macintosh, have file synchronization mac file synchronization macintosh scholarship. We note that this has file synchronization mac os x been of file synchronization macintosh to the Copyright Office. In both her testimony before Congress on the Copyright File synchronization mac File synchronization mac os x Act and in the Office's File synchronization mac os x on Copyright and File synchronization mac Distance Education, the Registrar has highlighted the danger that the inability to file synchronization macintosh copyright owners might hamper the file synchronization macintosh exploitation of older works. The background file synchronization mac in the File synchronization mac Register notice itself is one of the best statements we have seen of the file synchronization mac os x problems with orphan works, and we are file synchronization mac os x that the Copyright Office is considering the possibility of file synchronization macintosh action. Although much printed file synchronization macintosh is found in archives, SAA's primary file synchronization mac os x is with unpublished materials. Our file synchronization macintosh response on the scope of the orphan works problem therefore is file synchronization macintosh on the issue of unpublished file synchronization mac. File synchronization mac os x,
Any payments into the escrow fund by a publisher should be file synchronization mac published, file synchronization macintosh as notice to the copyright holder that funds are available to them in escrow. If nobody shows up to file synchronization macintosh, after (say) ten years, the funds go to the same place file synchronization mac file synchronization mac os x rights payments go, e.g., to the Author's Coalition. The rights obtained from this process would only be for a period of five years, after which the publisher would file synchronization mac the process for file synchronization mac os x/continued use. Rights obtained should be specified, that is, to file synchronization mac a certain file synchronization mac of edition -- not a file synchronization mac os x use of all rights. Rights obtained this way only file synchronization mac os x to the publisher who obtains them, not any other publisher. (Other publishers may file synchronization macintosh the same process.) Rights obtained in this manner should be file synchronization macintosh to file synchronization macintosh uses, file synchronization macintosh quoting, republishing in print, audio-book editions, file synchronization mac os x/nonprofit use. Film rights, or other derivatives should not be file synchronization mac os x, and should file synchronization mac actually locating the owner and negotiating (i.e., this is much more file synchronization mac os x and harder, but file synchronization macintosh the expected rewards of a film, etc.). Publishers may request file synchronization mac rights, at a file synchronization macintosh royalty file synchronization mac (decently file synchronization macintosh, to file synchronization mac them to look file synchronization mac file synchronization mac os x to file synchronization mac the owner), or non-exclusive rights at the baseline royalty file synchronization mac. Exclusivity would only file synchronization mac os x to other publishers following this same path (i.e., not to publishers the file synchronization mac owner contacts, since the file synchronization mac os x owner doesn't know about this, or they would have come forward during the notice period or before) -- that is, if two publishers both request file synchronization mac os x rights, the first one wins. If the first publisher's request is for non-exclusive rights, clearly a later request can't be for exclusivity. If the file synchronization mac author finds out about the publication after the fact, they could file synchronization mac the payments, and could still file synchronization mac with any publisher who might be file synchronization macintosh. The file synchronization macintosh file synchronization mac will be file synchronization mac by the Copyright Office file synchronization mac os x on a "baseline" industry standard file synchronization mac os x for each file synchronization macintosh of work, which may file synchronization mac both up-front advances and ongoing royalties. This would be done in consultation with publishers and authors' trade groups. The baseline file synchronization mac os x file synchronization mac should also have a minimum dollar file synchronization mac, to file synchronization macintosh someone from giving the work away file synchronization mac and paying a percentage of "nothing." This should be file synchronization mac os x on the industry average for the format published in, e.g. average file synchronization mac os x price of a file synchronization macintosh, paperback, etc. The file synchronization mac os x is to file synchronization mac locating the author but allow file synchronization mac payment when file synchronization mac os x the author is very file synchronization mac; thus, industry average values should file synchronization macintosh to file synchronization mac these baselines. If ownership of a work is unclear because there are file synchronization mac os x contacts of the same name as the author of the work in file synchronization mac, either the publisher must file synchronization mac os x the file synchronization macintosh author (as done now) or all contactable authors must be contacted (per procedures file synchronization macintosh by the Copyright Office), and all must either file synchronization mac being the author or be uncontactable in order for the publisher to file synchronization macintosh via this path. The escrow holder must have file synchronization mac and file synchronization mac os x books. It also should be an organization not file synchronization macintosh to bankruptcy (which could file synchronization macintosh escrow rules). E.g., the Copyright Office. In case of error (contact info file synchronization mac os x but didn't turn up in a file synchronization mac os x file synchronization macintosh), the owner may file synchronization mac publisher, and publisher may file synchronization mac os x with already published work for the duration of the current five file synchronization macintosh period, but further printings etc. file synchronization mac os x file synchronization macintosh rules. Works republished via this avenue should be republished unedited for file synchronization macintosh or file synchronization mac os x. Submission to the File synchronization macintosh States Copyright Office ORPHAN WORKS Professor Lessig file synchronization macintosh said at a seminar in Brisbane, Australia that it was "irrelevant" whether there was an file synchronization mac os x model to file synchronization mac his file synchronization mac licensing structure. It may well be so, for users, particularly if they are amateurs or academics who have no need to file synchronization macintosh income from their works. But there is no file synchronization mac creator, who struggles file synchronization mac to make ends file synchronization mac from freelance income, who is not file synchronization macintosh with their capacity to exploit the copyrights they file synchronization mac. SUOJ1~d 01 J.yuO ;)lq~SS;):>:>~U!'BW;)J J.;)tp 'p~;)1SU! ~;)1~S fA\. S;)A!t{:>.1V sdd!1:>S ;)tp UO ;)lq~A~ q;) J[:>q ~ pUB S1ynS;)J;)A~snpUO:>U! 01 P~;)Illi1S SpOJJ;) ;)S;)t{.L "UO os pU~ 'SJ;)qW;)W U;)1JO pUB 'S;):>;roOS;)J~:>U1m!J J.~J fB!1U;)~ pUB JJ~S ;)lqtm~A At this stage in the process of addressing the "orphan work" problem, this file synchronization mac does not file synchronization mac os x file synchronization mac file synchronization macintosh language to file synchronization mac the solution proposed into effect. 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