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Orphan Works: Proposals for a Legislative Solution: Hearing Before the Subcommittee on Intellectual Property of the Committee on the Judiciary

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Orphan Works: Proposals for a Legislative Solution: Hearing Before the Subcommittee on Intellectual Property of the Committee on the Judiciary

by United States Congress Senate

About this title: Original publisher: Washington: U.S. G.P.O.: For sale by the Supt. of Docs., U.S. G.P.O., 2006. LC Number: KF26 .J8554 2006 OCLC Number: (OCoLC)71339321 Subject: Copyright -- United States. Excerpt: ... 11 Our chief objection to the orphan works amendment is that it is not an orphan works amendment. An orphan works amendment would have applied to old work whose authors have abandoned their copyrights. This proposal would legalize the infringement of any work of art, past, present and future, regardless of age, coun-try or origin, published or unpublished, wherever the rights-holder cannot be identified or located. It would permit a user to appropriate the private property of rights-holders based on the user's own definition of a good-faith, reasonably diligent search. It would reimpose formalities by forcing rights-holders to rely on registries, meta data and notice as a con-dition of protecting their copyrights. It would be retroactive, affect-ing art done over the last 30 years when artists were told that their work would have the basic protections of copyright law, whether it was marked or not. It would affect illustrations and photographs disproportionately because trade practice requires that images routinely be published without identifying information or because artists ' signatures or marks may be illegible, or because information can be removed by others. It would remove any meaningful remedies for infringement, which are the only means that rights-holders now have of enforcing copyright. It would place an impossible burden of diligence on rights-holders because they would never have the resources to po-lice infringement, which can occur anytime, anywhere in the world. It would interfere with the rights of artists to exploit their work in commercial markets, which would violate the three-step test of TRIPs. And it would harm foreign artists by making vast bodies of their work royalty-free in the United States. For these reasons and for many others, ...

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