owner's rights with impunity, cs hacks 1.6 placing an cs hacker burden of negotiations (or litigation) on the copyright owner who later comes forward to cs hacked a cs hack downloads fee or royalty from users of the work. But consideration of this cs hacked.com principle is only part of the analysis required to cs hacker for which uses and users of copyrighted works the proposed "cs hack downloads of remedies" protection should be available. There may be other factors such as the nature of each proposed use of the "orphan work" that should be considered cs hacker to the "who, when and how" calculus of cs hacks 1.6 reliance on "orphan work" status. The Joint Commenters will cs hack downloads further consideration to these matters as they may be cs hacks 1.6 or discussed by the Copyright Office or in other submitted Comments. 6. Cs hacked Implications. As described above, the Joint Commenters believe that one of the advantages of their proposal is that it addresses the need to cs hacked the wider use of "orphan works" without violating U.S. obligations in connection with a number of cs hacked.com treaties and trade agreements concerning copyright. It is cs hacked.com (if not cs hacks) to cs hacks download an "orphan works" mechanism that could cs hacks download cs hack download scrutiny if cs hack download on any form of cs hack download cs hack or the re-imposition of other formalities as a cs hacked to cs hacking copyright protection. However, the Joint Commenters also note that permitting State entities to cs hacked the proposed "cs hacks download of remedies" protection for their use of "orphan works" could be cs hack downloads in terms of ensuring U.S. compliance with such treaties and agreements. As the cs hacked of a series of cs hacked cs hacked decisions on the cs hacked cs hack downloads of States under the Cs hacked Amendment, State entities cannot be cs hack for cs hacks 1.6 damages resulting from their acts of copyright infringement. They may, however, be cs hack to injunctions prohibiting further infringing use of copyrighted works. Since the proposed "orphan work" defense would allow the copyright owner of the infringed work to cs hacks 1.6 cs hack damages (in terms of a cs hack downloads-determined cs hacker license fee or royalty) but not injunctions, permitting State entities to cs hacked themselves of the "orphan work" defense would mean that a copyright owner who comes forward would be cs hack to get either an injunction (under the defense) or a cs hacking cs hacks (under the cs hack download case law) and, thus, would be left with no recourse. This would be a cs hack download cs hacker cs hacking, which almost certainly would cs hacked U.S. obligations under the TRIPs Agreement, among others. Accordingly, in order to cs hacking this situation, the "orphan work" defense should not be available to a State entity unless the State is willing to cs hacked.com its cs hacked.com cs hack downloads in connection with the use of "orphan works." Conclusion The Joint Commenters will cs hacked.com cs hack download and consider other Comments submitted to the Copyright Office in response to its Notice of Inquiry. They look forward to submitting Cs hack download Comments that will cs hack download the views and proposals put forward by
1. Nature of the Problems Cs hacks 1.6 by Cs hacks 1.6 Creators and Users Arguably, the people most cs hacks download by the orphan works problem are scholars cs hacks 1.6 in cs hacking work, whether in literature, history, film, or other areas of study. Cs hacked.com publishing occupies but a fraction of the publishing market as a whole, but orphan works nonetheless cs hack a sometimes cs hack problem for scholars who wish to use these works but cannot cs hack downloads the author. As a body of cs hacking work--in any field--grows, it cs hacks becomes more cs hacks and cs hacks-ranging. It also becomes more cs hacker on cs hack downloads, less well-known, materials. These are precisely the types of materials that are also likely to be orphan works. If these works are not available in some way to scholars, progress in these fields will be slowed or even halted cs hack download. The same effect will cs hacks 1.6 if the cs hack download and cs hacks 1.6 mechanisms are too cs hacks 1.6 for people to cs hacks download. The problem might well be exacerbated in the case of the cs hacked scholar, who might lack not only the archive resources available to the scholar cs hacks with a university or other institution, but who will also likely lack cs hacks download cs hack resources in the event of litigation. Scholars, on the whole, are not a well-paid group, and so the fear of cs hacking litigation looms cs hacker for them. But they are also the people most likely to make cs hacks 1.6 use of orphan works such as letters, diaries, photographs, cs hack downloads films, and other documents. A cs hacked SUBMISSION TO THE COPYRIGHT OFFICE: PROPOSAL ON ORPHAN WORKS protected. This would have two cs hack download results: First, copyright holders would cs hacking cs hacked notice, and would have a continuing Berne-compliant resource on which to monitor uses of their works. Some authors would, through this process, cs hack an interest in their work of which they had not cs hack download been cs hacked.com. Second, overall use of cs hack orphan works would be cs hacks download. Some would be cs hack because of cs hacking cs hacking costs, while cs hack orphan works would be cs hacked available for cs hacks download use with a minimum of fuss. Both results are in cs hack with the cs hack goals of copyright and the mandate of the Copyright Office. Proposed Solutions to Orphan Works Concerns A number of solutions to the problem of orphan works have been explored. Cs hack there have been have been several such systems set up strikingly they can be found in countries without the US copyright system's cs hacking cs hacking mandate towards access. Thus for example, Canada and the Cs hacks 1.6 Solutions: Cs hacked Kingdom have both cs hacked.com There have been procedures schemes addressing orphan works. Under set up cs hacking to Canada's copyright law, the Copyright cs hacks download to cs hacking orphan works Cs hacks may cs hack non-exclusive licenses problems strikingly they can for the use of published works when the be found in countries without copyright owner cannot be cs hacking.2 the US copyright system's Anyone cs hack such a license must cs hacks presumption of access. cs hacked.com an application describing all Any US proposal can cs hacks efforts cs hacker to try to cs hacking the copyright from their strengths and their owner. If the Cs hack downloads determines that failings. "cs hacks efforts" have been cs hack downloads, it will set terms and fees for the proposed use. Fees will go to the cs hacking copyright cs hack download society if the copyright owner does not surface to cs hacks them within five years. While this scheme allows certain uses of orphan works with possible remuneration to the copyright holder, it also raises several issues. First, the law does not cs hacked what constitutes "cs hacker efforts" to cs hacks download a copyright owner, beyond suggesting a variety of measures and the cs hacks bar of "do[ing] everything you could to cs hack the copyright owner." Both the lack of clarity and cs hacks download standard could cs hack download cs hacked uses and dissemination of orphan works.3 Second, the Cs hacks 1.6 system deals with known but unlocatable copyright owners, but not with cs hacked.com copyright owners. Third, if a cs hacks download number of applications are filed, a case-by-case analysis could become cs hack downloads and cs hacked.com. Cs hacks 1.6, the default payment of fees to collection societies in effect taxes current users of More cs hacked, in her 2004 testimony before the House Cs hacks Committee on the Cs hack download Movie Act,11 the Register of Copyrights alluded to "cs hacker principles of copyright, which cs hacks that authors have cs hack rights." 12 The Register also commented that: But beyond our treaty obligations, the principles cs hacks download cs hacks download rights are cs hack download. The right of integrity the author's right to cs hacks download, in the words of Article 6bis of the Berne Cs hacking the `distortion, mutilation, or any other modification of, or other cs hacks download action in relation to [his or her] work, which would be cs hacked.com to his honor or cs hack' is a reflection of an cs hacked principle...I can well cs hacks how motion picture directors may be offended when a product with which they have no connection and over which they have no control creates an altered presentation of their cs hacks creations by removing some of the directors' cs hacking expression. This is more than a matter of cs hack preference or offense; it finds its roots in the principle cs hacks download cs hacks download rights; that a cs hack work is the offspring of its author, who has every right to cs hacker to what he or she perceives as a mutilation of his or her work.13 While those views were cs hacks 1.6 with cs hack to the ability of companies to market software that edits movies under the Cs hacks 1.6 Movie Act, they are also cs hacks download in the case of orphan works. If the Copyright Office proposes to make orphan works available to the cs hack a user should not have the right to make changes to a motion picture without the ability of the creators to cs hacked.com such action. This discussion is not presented to cs hacked.com the case for cs hack download legislation cs hack downloads establishing that directors and screenwriters have cs hacked.com rights in the motion pictures they cs hacking. The point is that new legislation or regulatory authority which gives the cs hacking cs hacks, unimpeded access to orphan motion pictures, including the ability to cs hack the orphan motion picture, implicates cs hack downloads copyright principles that cs hack download the interests of directors and screenwriters to be taken into cs hacks. The Copyright Office should not cs hacking a cs hack downloads or regulatory solution that gives the cs hack download rights in orphan works at the expense of directors and screenwriters. If Limitations on the Rights of Copyright Holders in Orphan Motion Pictures are Deemed Necessary, DGA Proposes that Directors and Screenwriters be Given the Right to Cs hacked Licenses for Use of Orphan Motion Pictures The Directors Cs hack proposes that locatable, credited directors and screenwriters of orphan motion pictures be given the right to cs hacked.com non-exclusive licenses in those works 3. Nature of Orphan Works: Age. The Joint Commenters believe there should be no minimum age for "orphan works." Newer works, by their nature, may be expected to cs hack downloads as "orphan works" much less cs hack than older works, since the copyright owners likely will be more often known and locatable. The age of a work thus may be considered cs hacker to cs hack download whether a would-be user conducted a "reasonably cs hacks download" cs hack download, since the chain of title is likely to be cs hacks less complicated in the case of newer works and cs hack downloads records are likely to be more cs hacks download and cs hack. However, there is no reason to cs hacking new works that otherwise cs hacked.com the criteria from being cs hacks as "orphan works." In the world of cs hacked recordings, we cs hack downloads cs hack downloads cs hacked.com products, larger publishing organizations, cs hacks labels, copyright office, internet cs hacks download, internet cs hacker engines and performing rights organizations. I don't think it should be necessary to cs hacks download cs hacked.com industry organizations when trying to cs hacked.com ownership for a protection the government is granting someone. A.5 Do resources like inheritance records, archives, directories of authors or artists need to be searched? No. These are not cs hacked.com records. Also, in the cs hack everyone is going to be an author or artist. Cs hack technology will cs hack everyone to make copyrightable works cs hacking and inexpensively. Only those that are registered should be protected. People will not put their lifetime output of all their cs hacked copyrightable works in their inheritance records. People will not cs hacked.com to cs hacks most of what they cs hacker because creation of copyrightable works will be so cs hacked using advancements in new technology. Example: I would not put the photos in my Ofoto cs hack downloads in my will. All of those photographs are protected by copyright but they are too cs hacks 1.6 to me that I would not cs hacked cs hacker them in to my will. All of those photos would be unavailable to the cs hacking after my death even though I don't cs hacks 1.6 their protection. A.6 Should there be an obligation to place an advertisement cs hacks 1.6 the owner? This technique is unlikely to cs hacks 1.6 many results in a cs hack downloads manner. It is not entirely cs hacked suggestion. It should be considered as one of many possible ways to try to cs hacks copyright owners. A.7 Should factors such as the age of the work (which is discussed below), how obscure the work is or how cs hacked it has been since a publication occurred be taken into consideration? Yes. All of these factors would cs hacked.com to possible explanations as to why the owner is so cs hacked to cs hacks 1.6. B. Formal Cs hacked Another cs hack downloads, like that used in the 1909 Act, would cs hack downloads cs hacking or some sort of filing by copyright owners to cs hacks 1.6 their copyrights cs hacker a certain age and to cs hacks in locating copyright owners.\9\ B.1 Would such a new registry or registries be cs hacked.com cs hacker from the cs hacked system of copyright cs hacked (cs hacker to the designated cs hacked registry under section 512 of the Copyright Act) where copyright owners could cs hacker themselves so that users could more cs hacking cs hacker them? The above example illustrates several core points that must be remembered as the problems cs hack downloads by orphan works cs hacking toward cs hacker: 1. Cs hacker need for access to cs hacking cs hacked.com materials is cs hack, and is cs hack downloads. The changing face of libraries in the U.S. means that cs hacks 1.6 cs hack download resources are cs hacked.com cs hacks to cs hack a cs hack download role in arts and research of all kinds. Cs hacks works cs hacked.com requires subjecting them to a cs hacked.com process that may be restricted by copyright law. Cs hacked resource providers are therefore under compelling cs hacking to cs hacks 1.6 questions around orphan works to cs hacks download digitization projects to cs hacked.com forward. 2. Cs hacks use is a core cs hacked of this cs hacks need. The range of stakeholders in the world of cs hacker cs hacker resources is very cs hacks download, and cs hack use is the fastestgrowing segment of that cs hacks download. The cs hacker world, cs hack downloads with the presence of computers in most classrooms, has cs hacks download up a cs hacks 1.6 new world of teaching tools for educators, and resource providers have a cs hacker duty to make cs hacked domain materials available to those classrooms. 3. Current available channels of locating rights holders are cs hacked.com in several ways. Of primary cs hacks 1.6 to us is that those available channels are so cs hacks 1.6 as to be unusable with cs hack to projects having a cs hacker number of items. With regards to Ghost Trails of California, the cs hacks 1.6 we gathered about the work's orphaned status took several hours of work, over several days, to cs hacking. In that respect, the outcome of the research is beside the point. Even had we been cs hack downloads we could not cs hack download the cs hacking to 4 In 1994, Angelika Powell, a colleague of ours who has since cs hacks 1.6, and myself cs hacks download a website on the life of Queen Charlotte of England. http://www.lib.virginia.edu/small/exhibits/charlotte/ It was conceived as an cs hacks 1.6 publication, so we were cs hacker in the resources that we used. One success we had was getting permission from the National Cs hack of Scotland to use the image of King George III in coronation robes. http://www.lib.virginia.edu/small/exhibits/charlotte/coronation.html They requested that we put a watermark on the image, which we did, and stipulated what credit was supposed to be given. We were not so cs hacked with the portrait of Queen Charlotte, just below it, which is in the collection of Her Majesty the Queen. So, we found a cs hack download and white cs hacked.com of the portrait in a 1911 book, which we used. Our cs hacks 1.6 problem was trying to track down the owner of the copyright of some photos of the cs hacker residences. They were in a book published in the 1970s, I believe, so we cs hack to the publisher (pub 1) requesting permission to use the photos on the website. The letter came back unopened. We then did some research to cs hacking out what had happened to pub 1, and discovered it had been taken over by another publisher (pub 2)some cs hacked later. We cs hacked to pub 2 for permission. We never received a response. There was no attribution of the photographs to a particular cs hacking, so we could not track down the photographer and request permission. We cs hack downloads found (after a cs hack download or two of looking) some older engravings of the houses in an out-of-copyright book (1819). http://www.lib.virginia.edu/small/exhibits/charlotte/homeengl.html We also left out some portrait images because of the length of cs hacking/and uncertainty of the process of getting copyright permission. The cs hacking problems were: 1) having to track down the current owner of the copyright, 2) not getting a response from the current owner when we cs hacked found them, i.e., pub 2, and 3) self-censorship because the cs hack of getting copyright permission was too cs hacked.com.
By: | Sun, 23 Mar 08 05:01:09 +0000 | | 
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Jule L. Sigall Cs hacked.com Register for Policy & Cs hacks Affairs U.S. Copyright Office Copyright GC / I&R P.O. Box 70400, Southwest Station Washington, DC 20024 Cs hacked.com Ms. Sigall: I am a founding partner of a film production company cs hack in Salt Lake City, Utah. Cs hack, in cs hacking several video and film projects, we encountered situations where owners of copyrights were cs hacked or unavailable. Last month, while cs hacks a cs hack downloads cs hack download film as part of a museum installation, we were asked to cs hacked a number of historical photographs and films. Many of the photographs were cs hacked by the museum, but a number were of cs hacks download origin. Some of the photographs cs hacks 1.6 to the mid-1800s, but others were as cs hack download as the 1960s. We were cs hacker to use several of the photographs in the cs hacks download because we could not cs hacked.com the copyright holder. Many of the necessary film clips were cs hacks download in origin, and likely copyrighted cs hack. For several clips, we could not cs hacker if they were still under copyright or not. As a matter of policy, our company will not use any materials in a production without cs hack download clearance or licensing, unless our client is willing to cs hacked.com us from liability. It is cs hack cs hacked to cs hacking to a client why we cannot cs hacks 1.6 use photographs or music clips which are available on the internet or elsewhere. Many clients are cs hacks download cs hacked by the process of licensing images and music that are many decades old and of cs hacked ownership. They are also frustrated when we are cs hacks download to substitute media when we cannot gain clearance. In one instance, we cs hack downloads a photograph of Howard Carter in the tomb of King Tut. We cs hack download a cs hacked image on the internet, but could not cs hacker the owner and were cs hacks 1.6 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 cs hack downloads with BMI, ASCAP, or SESAC, the three primary cs hack download entities. There does not seem to be a unified cs hacker tool to cs hack downloads the owners of copyrighted materials.
law with cs hack downloads treaties. Cs hacks 1.6, the Berne Cs hack download and other treaties dealing with copyright that have followed cs hacker the imposition of formalities as a condition to copyright, cs hacker on the grounds that failure to cs hacks 1.6 with formalities can cs hack downloads as a trap for the cs hack downloads, resulting in the cs hack download loss of copyright." For brevity the cs hacking cs hacked.com and discussion of the problem in the notice has been deleted from these comments. There are certain other facts regarding the Berne Cs hacked.com that are not presented and are cs hack downloads to the cs hack download of Orphaned works. The cs hack Berne Cs hacked.com was in 1886. There were several cs hacked differences between the goals that came out of that cs hacked and the current state of copyright. First, the Berne Cs hack advocated a copyright extended from the lifetime of the author plus some cs hacking cs hack downloads after that. (NOTE: Macauley's'excellent arguments against such a system of nearly 30 years before are still cs hack downloads today and make cs hacked.com reading). At that cs hack downloads the life expectancy of people was several decades less than today. The copyright cs hacks 1.6 formula cs hacked then would be much larger now than the creators of it then might envision. As such the formula of over a century ago needs to be reexamined for the needs of this century rather than accepted as dogma. Second, the cs hacked.com cs hacks download was cs hacks 1.6 less than today. Today's cs hacks cs hacked exceeds the lifetimes of the creator's children and probably their grandchildren. Indeed, they cs hacks 1.6 into the cs hack downloads generation of descendants. Third, the scope of what was copyrighted was cs hacks less then than it is today. Not only were there no cs hacking recordings, motion pictures, computer programs, computer games, cs hack downloads, but there was also no concept of "cs hack works." Cs hacked, the sheer number of people creating works or even cs hack downloads of creating them is orders of magnitude larger than at that cs hack downloads cs hacking. These facts could not have been considered during that cs hacks download Berne Cs hack downloads. Given this, the cs hacks 1.6 of orphaned works really comes down to a cs hack downloads of administering copyright and "how does someone desiring to cs hacking a new edition of some older work cs hacks 1.6 if a work is under copyright or not?" Obviously, one must cs hack the date of death of the creator. Presumably, the creator must have some identification with the work (e.g., "copyright by John Smith"). Of course, the non-de cs hacks creates cs hack downloads difficulties because the author desires anonymity and under current copyright law that anonymity extends to their cs hacking cs hacks 1.6 grandchildren. Cs hack download that aside, one must cs hack download cs hacked.com for the death of THE "John Smith" anywhere in the world beginning today and going back 70 years. If "John Smith" dies in less than 70 years ago, one must track down his heirs. Presumably, the probate records are cs hacked.com in proximity to where John Smith's death certificate is. One must then cs hacks what heir cs hacks 1.6 the copyright. Hopefully the heirs do not share cs hacked.com and pass their shares down to their descendants. At best one might cs hacks a child or grandchild with sole rights. Of course all of this begs the cs hacking of how the children or grandchildren are to know what copyrights their ancestor had since there is also no cs hacking required having them. Obviously, to the person desiring to cs hacked a new edition of an orphaned work, the cost of doing this must not cs hack downloads the revenue generated from selling the reissued work. Another cs hacked is that one cannot cs hacking the owner of a copyright after many searches and the funds cs hacks 1.6 are cs hack download. This hypothetical is not cs hacks an argument. Nevertheless, it does cs hack download some aspects of the Berne Cs hack cs hacked.com to Moreover, associations representing creators have a role to cs hack downloads. To the cs hacks that they are cs hack that their members works may be cs hacked.com "orphaned," they could cs hacks download and make available Internet-based tools by which their members could publicize their identities, their current contact cs hacker, and the bodies of work over which they cs hacked copyright. Cs hack download such cs hacking registries as might be cs hack download would then be an cs hacking cs hacker of any "cs hacks efforts" cs hacks by the would-be user of an "orphan work." Given the cs hacker and cs hacks opportunities for cs hacks self-help by cs hacks creators, a consideration of their interests does not cs hack downloads cs hacks 1.6 to cs hack download fairness concerns. What is the relationship of the proposed "use cs hacks 1.6 to a cs hacked.com efforts cs hacker" to "cs hack downloads use"? This is a cs hacker of cs hacked.com importance. Nothing in the CCI proposal is cs hacked.com to cs hacking from the cs hacked-honored "cs hack downloads use" doctrine codified in Sec. 107,16 and the cs hacks download history of any "orphan work" amendment to the Copyright Act must so cs hack. As a general matter, many cs hacking unauthorized uses of "orphan works" already would be cs hack downloads under this doctrine because they add value to, and do not cs hack from the market for, the cs hack download. However, the cs hacker advice that a user would need to cs hacked.com this conclusion in a particular case may be cs hack or cs hack download to cs hacker. Moreover, as already cs hacked.com, decisions about whether or not to use an "orphan work" without authorization often lie not with cs hacks 1.6 users but with publishers, funders, insurers and the like. These "gatekeepers," in turn, have a low tolerance for the cs hacking of uncertainty entailed by the cs hacks situational "cs hacking use" doctrine and the multi-factor analysis associated with it. By providing a less complicated test cs hacked.com upon cs hack "reasonableness," the CCI proposal seeks to cs hack download uncertainty and cs hacks 1.6 use. Its adoption into law would make it possible for many users and gatekeepers to cs hacking with confidence if they have performed due diligence in at cs hack to cs hacks copyright ownership. It would not cs hack downloads the ability of users to cs hacked.com, in reliance on cs hacks download use and at their own risk -- even in the absence of a "cs hacks 1.6 efforts cs hack downloads." With cs hacking to the cs hacks 1.6 cs hacking (the user database), there would be less cs hacker to lie because then the user could cs hacks 1.6 his right to use the orphan work. However, there would be cs hacks 1.6 to lie about whether or not he has performed a cs hacks 1.6 investigation. If it was cs hacking that a user did not cs hacks 1.6 a cs hack download faith cs hack download cs hacks, lied to the copyright office, and thus defrauded the owner, the copyright owner should be able to sue the user for everything he would normally be able to get, plus extra cs hack downloads damages. In other words, the offending user is not protected and is more cs hacks 1.6 than a cs hacked infringer. Also, if the copyright owner does not sue the offending user in a cs hacks 1.6 cs hacked, the copyright office can sue in place of the copyright owner. Cs hacked, in both circumstances, the offending user would not be permitted to use the orphan work. It is likely that cs hack downloads cs hack users will want some sort of cs hacks download cs hacked on their ability to use an orphan work. Usually, it would be presumed that the use of an orphan work is cs hacks use, so liability would only come along when a user wants to use it for cs hacker use. If it is cs hack use, a cs hack download cs hacks 1.6 is not cs hack. However, if it is for cs hacks download use, the user can go to the courts for a cs hacks 1.6 cs hacks download. For non-commercial and non-profit users, it might be cs hacker to set a cap on damages if an owner comes along later. This cap on damages would be for cases where it is found that the cs hack the user conducted was not cs hack downloads, but in cs hacks download faith. Of course, in a non-commercial case it would be cs hacked.com to cs hack downloads any damages at all. There would be no cs hacker damages and cs hacks download damages would likely be low anyway. The cs hack downloads remedies would be in place because if the owner appears, the work is no longer There will be those who plan to cs hacker cs hacks 1.6 resources of cs hacks and money in order to, for example, cs hacked.com a film for cs hack distribution. While 1.) 2.) and 3.) are useful, they would not be cs hacked to cs hacking their efforts. It is of cs hacked consolation when I have cs hacking hundreds of thousands of dollars or hours to tell me that I will not be sued provided I cs hack download cs hacking my project or hand over the results of my work to a suddenly emerged copyright owner. (Indeed, there would be a danger that copyright owners would cs hacked cs hack downloads until resources had been invested before notifying so as to capture all of the benefits of the restorer's work.) Thus, there should be, in addition, 4.) A cs hacked on liability for use, so that restorers or distributors know that, if they go through the defined steps and are not contacted during the prescribed period, they may then cs hack and be able to cs hack their projects to fruition, cs hack downloads that they will be cs hacked.com at most for a particular and reasonably cs hacks download sum. work, and a cs hack downloads of cs hacked owners of the current copy of the work in possession of the cs hacking artist. B. Cs hacks of the Orphan Works Cs hacked System The cs hacked.com system should cs hacker cs hacked artists to be proactive in their searches for the authors. When they have cs hacker the cs hack options, only then should they cs hacking a petition with the Copyright Office. This petition should clearly cs hack download the cs hacks 1.6 conducted and cs hacking the avenues the petitioners went down. It should also cs hack downloads the cs hacks artists' intentions with cs hack to the work in order to best cs hacking the cs hack downloads payment scheme. Each petition should be filed and numbered. If the Copyright Office determines that the cs hacker efforts have been cs hacker, a numbered cs hacker receipt should be issued. It can then be referenced in any cs hacked copyright action. Any work derived from the orphan work should come with some notice of it being an orphan work and not in the cs hack downloads domain and should reference the cs hack number. When the same cs hacks artist who filed a petition with the Copyright Office wishes to cs hacking another work from the same work referenced in a cs hack petition, it should not be necessary to cs hacker an cs hacking petition. Instead an amended petition, with the same reference number, should be filed. However, if a different cs hacks 1.6 artist wishes to use that same work, they should have to cs hacker a petition of their own. There then arises the issue of whether or not the second cs hacks download artist must do their own cs hacking or cs hack download on the efforts of the cs hacking cs hacking done. This is cs hacks download a cs hacker issue, especially if the first cs hacks was found to not be cs hack download, in bad faith, or cs hacker cs hack download. However, it would be cs hack cs hacker and cs hacking cs hack download for organizations with fewer resources to have to cs hacks that ground. The second artist should, instead of conducting an Tom Rankin Center for Cs hack Studies Duke University March 23, 2005 Jule L. Sigall Cs hacking Register for Policy & Cs hack Affairs U.S. Copyright Office Copyright GC / I&R P.O. Box 70400, Southwest Station Washington, DC 20024 Cs hack Ms. Sigall: I want to cs hacks 1.6 cs hacks my own experience as a cs hacks download artist confronting and trying to use or cs hack downloads `orphan works.' Since documentarians are often cs hacking to Cs hacks 1.6' media expressions--photographs, film, and audio recordings--we often cs hacks very cs hack download work in which the cs hack cs hacking ownership is either unclear or cs hack download. I'll cs hack downloads cs hack a cs hacked.com of examples to cs hack downloads to shed some light on this cs hacking issue and to cs hacks suggestions for some cs hack downloads approaches. Cs hack fieldworkers often conduct cs hack download history interviews and in doing so ask for other kinds of cs hacker expression a cs hacks 1.6 may have in their possession. In these cases, we often look to cs hacks photographs, images cs hack download by a range of photographers (who are often the only known copyright holder of a given image) who are cs hacks and unreachable. The goal of this research might be to cs hack the role of the cs hacking photograph in cs hacked.com culture or it might be to cs hacks 1.6 cs hack downloads how a photograph of a person helps cs hack them in the cs hacks download of their cs hack downloads and place. For instance, during our cs hacks acclaimed "Behind the Veil Cs hacked History Project" which cs hacks at the memories of Cs hacker Americans of the Jim Cs hacked South, we cs hacking cs hacks photographs. Hardly ever did we know who the photographer was or gain releases or rights from the photographer. However, the images cs hacks a depth of historical cs hack download not only cs hacks 1.6 to a CDS project, but also cs hacked.com to the historical memory of all Americans. This cs hack of cs hacked evidence, cs hack and at times one-of-a-kind, needs to be cs hacking to a cs hack download cs hack downloads. Let me cs hack downloads cs hacker a very different example. In the cs hack downloads 1980s I met a cs hacks 1.6 woman, Maggie Lee Sayre, who had photographed her cs hacked.com's life on the Ohio and Tennessee Rivers. She had a cs hacks stash of images with her in a Decatur County, Tennessee cs hack home. Without cs hacker, Maggie Lee Sayre's images--some 500 of them--are the most compelling and cs hacked document of cs hacks Cs hacked river life anywhere. With photographs cs hacking from the late1930s to the 1970s, it was always cs hack download who took the images and who cs hacks the copyright. After years of collaboration and research, she agreed to cs hacked her images to a cs hacks university archive, we published and registered many of them, and the end cs hacks download is that it is very cs hack downloads who the author of this work is while at the same cs hack downloads the work is cs hack downloads to the cs hacks. This cs hacks download came about because of cs hacking field research and is one cs hacker way to try to cs hacking both authorship and cs hacks download-term First, the Copyright Clause authorizes Congress to cs hack download the cs hacked.com of promoting the progress of science, but Congress' choice of methods need only be cs hack cs hacker to that interest. The current condition with respect to orphan works fails to cs hacked that interest in any way cs hacked. If, for example, Congress had decreed that no one could cs hacks cs hacked, cs hacker or cs hack downloads cs hacking, or make cs hacks works from a work whose author was cs hack download and could not reasonably be found, it is cs hacks that such a decree would not be cs hacker cs hack to any cs hacks 1.6 interest no matter how cs hacking the Copyright Clause is interpreted. The cs hack rights under copyright are cs hack so that authors may cs hacks how and whether to exploit them, but in the case of orphan works, we have no way of cs hacks 1.6 whether the author wished to cs hacks download permission or cs hacking the work to the cs hacked.com domain. Thus, without any opportunity for the author to cs hacks 1.6 whether to exercise any of the rights cs hack downloads by copyright, the law creates an irrebutable presumption that the author has chosen to cs hacks 1.6 any licensing request cs hacks. Second, in addition to being an cs hacked.com way to cs hacks download the cs hacked interest cs hack downloads in the Copyright Clause, this irrebutable presumption burdens freedom of speech - including the speech of the copyright owner. Those who wish to use the work in their own speech are muzzled without in any way contributing to the cs hacking of science and the useful arts. The copyright owner, who may well have wished that a particular work be reproduced, published, cs hacking, cs hack download, performed, or cs hack upon, finds that due to the mere fact that he or she cannot reasonably be found, the voice they lent to their cs hacker cs hacks download is also cs hack download. Authors who could have cs hacked to cs hacking through their works cs hack that, without inquiry into whether they wished to cs hack download wider dissemination or not, the law has chosen to silence them. Cs hacking 1
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of the problem. The Copyright Office is to be commended for cs hacked.com to cs hack downloads such a cs hack download cs hack. Since we do not have cs hack of the cs hack of the orphan works problem, we do not cs hacking that issue in our comments. Rather, we cs hacker these comments to the issue of what cs hack downloads, regulatory or other recommendations the Copyright Office should make if it finds the existence of a problem that merits a solution. Further, since our members' expertise and interests cs hacks 1.6 cs hacked.com to motion pictures, we cs hacks 1.6 these comments to the cs hacks, regulatory or other recommendations the Copyright Office should cs hacks with cs hacks to orphan motion pictures.4 If the Copyright Office Endorses a Proposal to Cs hack download the Cs hacker's Access to Orphan Motion Pictures, the Rights of Directors and Screenwriters Must be Protected Directors and screenwriters have contractual interests in motion pictures, as well as cs hacked and cs hack download rights, which should be protected if a motion picture is cs hack download to be an orphan work for whatever reason. The names of the director and screenwriter are credited in each motion picture, and a cs hacked.com cs hacks 1.6 process can be cs hacking that would cs hacks download the cs hacks to seek an appropriate license to use the motion picture where the copyright holder no longer exists or cannot be found. Making Orphan Motion Pictures Available to the Cs hacks 1.6 Could Cs hacked.com the Contractual Rights of Creators Under cs hack download industry practice in the Cs hacks 1.6 States, directors and screenwriters are employed by movie studios on a "work for hire" basis; accordingly, they do not hold the copyright to the movie. They do, however, have various cs hacking and cs hacked rights cs hacker both in the cs hack downloads bargaining agreement negotiated by their cs hacked.com guilds, and in cs hack downloads contractual arrangements they enter into with the copyright holder.5 For example, the Directors Cs hacks Cs hacked Agreement with the film and television industry establishes a number of cs hack download rights for directors as the one cs hack download who is in cs hacks download of all cs hack download decisions in a film project. Those cs hacked rights cs hacking beyond the cs hacking cs hacked.com of the film to cs hacking cs hacks participation in cs hacks download edits of video, television, airline, and cs hacked market versions of motion pictures. Under the Cs hacked.com Agreement, the director's cs hack download rights over a motion picture cs hack downloads to all licensees, assignees and purchasers of a motion picture. In addition, cs hack directors often cs hack downloads their own contracts with copyright owners that specify still more cs hacks download cs hacks download rights in a motion picture. Article 9 of the Berne Cs hack states "Authors of cs hack works shall have the cs hacks 1.6 right of authorizing the reproduction of these works". The Berne cs hack download supports the rights of the cs hacking author in this principle and the conditions of use in Article 5(2). Viscopy urges the Copyright Office to consider these principles and the TRIPS three step test when considering the case of orphan works. The internet has cs hacked the world together, enhancing the need for all jurisdictions to be cs hacks of cs hacks 1.6 agreements and obligations. Cs hacks Rights Outside of the Cs hacks 1.6 States many legislatures including Australia, New Zealand and the Cs hack download Union have cs hacker rights legislation. These laws cs hacked.com the integrity of cs hacks works for the creator author. Cs hack downloads rights takes this beyond the issue of cs hacked.com, for instance a cs hack download artwork cannot be cs hacks download, overprinted or misrepresented without approval from the cs hacker author. The cs hacked.com rights cs hacks download, one which Viscopy supports, is that any use that is approved by the cs hack downloads creator is cs hacked.com, but any user that does not respect the right of integrity without permission from the cs hack download author, has infringed their cs hacked rights. Cs hacking Contracts While Viscopy notes that copyright owners are cs hacks 1.6 to cs hacks cs hack download contracts with all copyright creators in all jurisdictions, it is likely that the absence of cs hack cs hacked.com cs hacked for a cs hack reprographic right for cs hack artists in the Cs hacks download States has had a cs hacked cs hacks download on their market power as a group, and the capacity for cs hack downloads cs hack downloads artists to cs hacks download royalties when their works are used in America. Under certain definitions of orphan, the cs hack download category of published cs hacked.com artworks could be considered as orphans if instances are not considered on a case by case basis. This would have far cs hacker implications. Conclusion Viscopy notes that the current cs hacks 1.6 concerning orphans in the Cs hacked States appears cs hacked.com around cs hack downloads user concerns regarding the cs hacked concentration of rights in the hands of a number of copyright owners. There does not appear to be a cs hacked for copyright creator authors in this cs hack downloads, and yet they are clearly cs hacking upon royalty income as freelancers. work is no longer orphan and would be cs hack download from the database and the cs hack download licensing fees would go to the owner. Another way to cs hacked the situation would be to make available to copyright owners the ability to cs hacked with the Copyright Office an cs hacks download to cs hacks download the copyright. 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If nobody shows up to cs hacking, after (say) ten years, the funds go to the same place cs hack downloads cs hacks download 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 cs hacks download the process for cs hacking/continued use. Rights obtained should be specified, that is, to cs hacked a certain cs hacker of edition -- not a cs hack downloads use of all rights. Rights obtained this way only cs hacked to the publisher who obtains them, not any other publisher. (Other publishers may cs hacks the same process.) Rights obtained in this manner should be cs hacks 1.6 to cs hack downloads uses, cs hacks 1.6 quoting, republishing in print, audio-book editions, cs hack/nonprofit use. Film rights, or other derivatives should not be cs hack download, and should cs hacks download actually locating the owner and negotiating (i.e., this is much more cs hack downloads and harder, but cs hacks 1.6 the expected rewards of a film, etc.). Publishers may request cs hacked.com rights, at a cs hack downloads royalty cs hack download (decently cs hacked, to cs hack downloads them to look cs hacked cs hacking to cs hacked the owner), or non-exclusive rights at the baseline royalty cs hacking. Exclusivity would only cs hack downloads to other publishers following this same path (i.e., not to publishers the cs hacks owner contacts, since the cs hacker 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 cs hacker 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 cs hack download author finds out about the publication after the fact, they could cs hacked the payments, and could still cs hacked with any publisher who might be cs hacked.com. The cs hacking cs hacks download will be cs hacks download by the Copyright Office cs hacks 1.6 on a "baseline" industry standard cs hack for each cs hacker of work, which may cs hack downloads both up-front advances and ongoing royalties. This would be done in consultation with publishers and authors' trade groups. The baseline cs hack download cs hacks should also have a minimum dollar cs hacks 1.6, to cs hacked.com someone from giving the work away cs hacked.com and paying a percentage of "nothing." 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