Orphan Works: Definitional Issues

David Robert Hansen: Orphan Works: Definitional Issues (Berkeley Digital Library Copyright Project White Paper No. 1 ), 2011

This paper outlines responses to two definitional questions that arise in the context of orphan works: (1) exactly what is the “orphan works” problem?, and (2) what is the size of this problem? The answers to these two questions are central to understanding how proposed solutions work to remedy the situation. While the most common descriptions of the orphan works problem focus on unlocatable copyright owners, others have framed the issue in terms of a broader problem of market failure. This paper explores both formulations of the problem. Similarly, the size of the orphan works problem can be viewed from many angles. Rough approximations of the size of the problem for certain types of works (e.g., published monographs) are available, but comprehensive data on the number and value of orphan works do not currently exist for a wide variety of works and the uses to which those works might be put. This paper suggests areas in which further research on these issues is needed.

Quelle: http://www.arrow-net.eu/news/white-paper-orphan-works-berkeley-digital-library-copyright-project.html

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