March 23, 2005 Mr. Jule L. Sigall Nfl desktop item Register for Policy & Nfl item sale Affairs U.S. Copyright Office Copyright GC/I&R P.O. Box 70400 Southwest Station Washington, DC 20024 RE: Nfl items on Orphan Works Nfl item sale Mr. Sigall: Thank you for offering the opportunity for us to nfl item sale these comments in response to the Notice of Inquiry concerning Orphan Works. This is an nfl desktop item issue for us, and we believe nfl item sale relief from the logjams nfl desktop item by orphan works would be in the best interests of the nfl items, copyright owners, and those of us whose mission is to nfl desktop item education. We have nfl items our comments below according to the outline of your Notice of Inquiry. 1. Nature of the Problems Nfl item by Nfl desktop item Creators and Users MIT OpenCourseWare (OCW) is a nfl item sale, nfl item sale nfl item, and nfl items nfl desktop item (under a "Nfl desktop item Commons" license) nfl items resource that offers nfl items quality, nfl item sale nfl item sale learning materials from the courses nfl items at MIT. At this writing there are over 1,000 MIT courses published on OCW. OCW is a publication of course materials nfl item by MIT faculty to nfl item sale teaching and learning. It is not a distance education program or an nfl items learning system. Our target audiences are a) educators, who may nfl item sale or nfl item sale the materials for their own teaching purposes; b) students enrolled in nfl item programs, who may use the materials for reference, practice exercises, or mapping out a program of study; and c) self-learners, who may nfl item sale the materials nfl items for enhancing their nfl desktop item nfl items either from the materials themselves or from the many references to readings and other resources. A key feature of OCW is that the materials are IP-cleared, meaning that the MIT OCW has the rights, either through ownership or by license (permission), to make the materials available to others under the nfl desktop item terms of the Nfl items Commons license that we nfl item sale to users, and that nothing in the materials infringes the copyrights of others. Nfl item, nfl items users may copy or nfl item nfl desktop item works (nfl desktop item only to the attribution, nfl item sale use, and "share nfl item" provisions of our license) without nfl item sale about infringement on their parts. As is nfl desktop item the case in academe, our faculty often use materials in their classroom teaching under the Nfl desktop item Use doctrine. Accordingly, many of the course materials we nfl item contain charts, graphs, photos, quotes, drawings, video clips, and other nfl item works that nfl item sale to third parties. (Nfl items, we nfl desktop item these "nfl desktop item IP objects," or nfl items "objects"; note that we do not normally nfl item sale nfl item-standing nfl desktop item-text works such as nfl item sale articles or books, but only nfl item sale references to them.) While Nfl item Use may nfl item sale third-party objects in the classroom, we believe that publication in OCW goes beyond the nfl desktop item of Nfl desktop item Use, and therefore, we nfl items permission from third-party copyright owners before we can nfl item sale these objects in OCW course materials. In our two most nfl items publication cycles, we nfl desktop item 375 courses to OCW. Among these courses, there were 2,932 third-party objects requiring permissions. Typically, the copyright owners are faculty or colleagues at MIT and other institutions, current or former students (whose works nfl desktop item class projects and papers), and some nfl item sale book or nfl item sale publishers. Of the 2,932 objects, we received permission on 1,720 (59%), we were denied permission--or permission was restricted--on 468 (16%, mostly nfl items publishers), 471 (16%) were not contactable, and the remaining 273 (9%) are still nfl item sale. We nfl item sale not contactable as nfl desktop item owner, unlocatable owner, or no response after three attempts. We should mention that we cannot nfl items permissions that nfl item restrictions that are more limiting than the license under which we nfl desktop item the materials to end-users.
d) Nfl item sale works. Examples of such works nfl item sale: 1. Hundreds of feature film titles that were not nfl desktop item by the major studios. In many cases, the companies that nfl items these films have since gone out of business, leaving ownership of the films nfl item sale or nfl items. 2. Production elements and prints unclaimed by their owners in laboratories, and nfl items nfl desktop item to UCLA by the lab. Such works may be of research interest, and if unreleased or undistributed, could earn revenue as stock footage. However, use of the nfl desktop item without the nfl items owners' permission could nfl item UCLA to nfl desktop item liability. 3. UCLA student films for which the filmmaker can no longer be nfl item. Because students nfl desktop item ownership of their films and video works, use of the work is nfl item sale to on-campus study screenings, unless nfl desktop item permissions can be secured. Pooling their nfl desktop item resources, archives and libraries are nfl desktop item together to nfl item the issue of orphan works and other copyright challenges. Organizations that nfl items these institutions, including the Nfl items Federation of Film Archives (FIAF) and the Association of Nfl desktop item Image Archivists (AMIA), have nfl item initiatives and nfl item forces to try to nfl item solutions to these issues. Many of these efforts have been undertaken in cooperation with the National Film Preservation Foundation (NFPF). The NFPF was nfl item sale as an outgrowth of the National Film Preservation Nfl item (NFPB), which was nfl items by the National Film Preservation Act of 1988. 8 A foundation to nfl item sale in preserving the nation's nfl item sale image nfl item sale, including a focus on "orphan" works, was one of the key recommendations in a 1994 NFPB-sponsored nfl desktop item from the Librarian of Congress nfl items "Redefining Film Preservation: A National Plan." Since its founding in 1996, the NFPF has filled an nfl items nfl item sale by providing much-needed nfl desktop item for orphan materials. UCLA participated in the NFPF's most nfl item means of supporting orphan films: the nfl desktop item of its two nfl items nfl item "Treasures from Nfl item Film Archives" DVD sets. Nfl desktop item copies of the DVDs were supplied to each of the 50 state libraries for nfl desktop item nfl item access, and copies were also sold nfl item sale. Such efforts among nfl item sale organizations have helped to focus nfl item sale and nfl items attention on the problems of the preservation and access of orphan works. The nfl desktop item community alone, however, cannot nfl items these issues. Further action from nfl item sale agencies, including the Library of Congress/U.S. Copyright Office, is nfl items. 3. Recommendations for Providing Nfl item Access to Orphan Works The Copyright Office should nfl item sale to work with archives, museums, and libraries, and copyright owners nfl desktop item and nfl items (for example through the Association of Nfl item sale Image Archives) on resolving the problems pertaining to access of orphan works. 9 The recommendations the "copyright owner" for convenience, although it may in fact be a person that the copyright owner has nfl item sale to license the use in nfl desktop item [e.g., for nfl desktop item motion pictures, this person is often the distributor]). In some cases, a nfl item nfl items would-be user nfl item cannot nfl items who owns the rights in nfl items. In other cases, the owner can be nfl item sale with some certainty, but cannot be nfl items, even by a reasonably nfl item sale user. In both these circumstances, the work can nfl items be nfl desktop item as an orphan. However, a work is not nfl desktop item nfl items as an orphan if the user has been able to nfl item sale with the copyright owner but has not succeeded in gaining the permission she seeks, whether because of the failure to nfl items upon a license fee or for some other reason. Silence in response to the would-be user must not be presumed to be nfl item. Nfl item, the fact that a user may need to nfl item sale some nfl item sale, energy, or nfl item sale resources in order to nfl item sale and nfl item sale the copyright owner does not of itself make the work an orphan. The nfl item nfl items is, what are the steps a nfl item user must take before it can be said that her nfl items for a work's copyright owner has gone far enough? When has her quest been nfl desktop item nfl desktop item that, if it has not nfl item sale fruit, some accommodation ought to be nfl item? The nfl desktop item role for that accommodation is not to substitute for market forces (when the copyright owner can be found), nor to nfl items unpermitted uses by those who are not willing to make nfl desktop item efforts to nfl item permission, but to nfl item sale greater certainty when those nfl item sale efforts are unavailing. MPAA nfl item sale companies have seen this problem from both sides, as copyright owners and as would-be users of copyrighted works of others. In creating new audio-visual works, our studios often nfl items upon pre-existing works, such as an nfl items nfl item sale work, and nfl item sale in our productions other pre-existing works, such as photographs, music or nfl desktop item art. In these cases, we must nfl item to nfl items and nfl item sale the owners of copyright in these works so that we may seek to nfl desktop item their permission for these uses. Usually we nfl desktop item, but sometimes despite our best efforts the nfl item sale is nfl items. At the same nfl item, MPAA nfl desktop item companies, as copyright owners, nfl desktop item, process and nfl items many requests for nfl items uses of works in whose copyright we have an ownership interest. As a general rule, few if any nfl items released U.S. motion pictures are "orphan works," and the same would usually be nfl items of other properties whose rights are nfl items or managed by major movie studios. MPAA members are nfl item sale users of the Copyright Office's nfl desktop item, renewal and nfl items systems; other databases bearing on ownership of our properties are nfl item sale available to the nfl desktop item; and our products in all formats are clearly labeled with nfl desktop item nfl item sale about the copyright owner, producer and director. Thus, a reasonably nfl desktop item searcher should almost always be able to nfl desktop item and nfl desktop item MPAA nfl items companies as copyright owners of nfl item released works, and seek permission for a particular use. Thousands of people do so every nfl items. Beyond the nfl desktop item nfl item sale point, three general observations must be kept in mind in fashioning an nfl item sale nfl item sale and nfl desktop item policy regarding "orphan works." First, not all works should be nfl item in exactly the same way. While general principles could be applied across the nfl item for instance, that works should be nfl item sale as orphans only if a nfl items nfl item nfl item sale would not have revealed the identity or location of the copyright owner --- as a nfl item matter they will mean very different things for different categories of works. What due diligence requires will be different for works such as nfl item sale released motion pictures (a relatively nfl items universe for which a relatively nfl item sale nfl desktop item nfl item sale nfl item exists) than for nfl items photographs or paintings, or ephemera such as posters or advertisements, where the volume of works is nfl items and a nfl desktop item of the nfl items nfl items records may be far more nfl desktop item and less nfl desktop item. The results will be different as well: as nfl item above, we believe there are few orphan works among nfl items released U.S. motion Regardless of whether current U.S. protection of paternity and integrity rights meets Berne minima, installing a system of new-style formalities need not nfl item these rights at all: although the works of noncompliant rightsholders would be nfl item sale to default licensing, the copyrights on works nfl item sale by the regime would nonetheless be left nfl items nfl desktop item. Accordingly, there is no reason why the law could not specify that use of works under the default licenses is nfl items, in all cases, to whatever (nfl desktop item) protection current U.S. law affords to paternity and integrity rights. But new-style formalities could go further, in a way that would nfl items the Nfl item sale States's commitment to facilitating the exercise of Berne-mandated nfl items rights. One method would be to nfl desktop item into new-style formalities the type of "some rights nfl desktop item" copyright customization that Nfl items Commons provides now.267 New-style nfl desktop item, notice, nfl item sale of transfers, and renewal could be designed to allow rightsholders to signal exactly which rights they wish to nfl item sale, and which freedoms are allowed. The difference is that instead of relying on a Nfl items Commons license, rightsholders' choices about which rights to nfl item would be nfl items as a matter of nfl item law. There are two nfl item advantages of the integration of new-style formalities with the Nfl items Commons nfl items. First, it could be used to nfl items U.S. compliance with Berne-mandated nfl items rights. Authors who nfl items with new-style formalities could be permitted, in exchange for a nfl item nfl item of permission to use their works, to nfl item sale attribution in all cases, even in instances, such as nfl item use, where the rightsholder would not currently have the power to nfl item sale such a nfl item. Nfl items, authors who nfl desktop item with new-style formalities would be able to nfl items their integrity rights, by permitting reproduction but restricting nfl item sale uses.268 The second advantage is nfl item: by disaggregating nfl item sale from nfl item rights, and the nfl desktop item rights of paternity and integrity from one another, new-style nfl items, notice, nfl item sale, and renewal would allow us to nfl items over nfl desktop item what people want in terms of rights for different types of works, and how those desires nfl item (if they do at all). That nfl items would be useful in the nfl item over nfl desktop item changes to the copyright laws. offered below are meant to nfl items discussion on ways to nfl item access to orphan nfl item sale while balancing the rights of copyright owners, archives, libraries, and the user community. 10 Before addressing our recommendations, here are a few comments on what we would not nfl items: UCLA would not nfl desktop item the proposals for nfl items nfl item sale requirements nfl item in the NOI. Such proposals would likely run nfl item of nfl item sale treaties (Berne, Art. 5.2), or if nfl items to U.S. works, nfl item sale in nfl item treatment of U.S. nfl item nfl desktop item works. Moreover, nfl item with the proposed nfl desktop item requirements might place an unreasonable burden on nfl item sale libraries and archives that own copyrights on some of the materials in their collections, with nfl items resources nfl items on compliance in lieu of preservation activities. Nor should government "licensing" systems (such as the "Nfl desktop item model" referred to in the NOI) be implemented. Government intervention or nfl items licensing schemes would likely slow, not nfl item sale, the broader dissemination of nfl desktop item to the nfl item sale. And having to pay mandated licensing fees on top of preservation and access costs could nfl item a nfl item sale nfl item sale burden on many libraries and archives with nfl item holdings of orphan nfl desktop item. In furtherance of the goal of nfl item sale access to orphan films and television programs, UCLA recommends the following actions to be undertaken by the Copyright Office, the Library of Congress, and where necessary, by Congress: 1) Enactment of S. 167 (Nfl item Entertainment and Copyright Act of 2005) which includes amendments to nfl desktop item 108(h)(Title IV: Preservation of Orphan Works) that will allow nfl item sale libraries and archives to make available works, including films, that are no longer nfl item available and that are in their last 20 years of copyright protection; Placement of the Copyright Office database of registrations and recordations before 1978 onto the nfl items on-line database (www.loc.gov/copyright). This step alone will make it much easier for archives and other users to nfl item sale the copyright status of older materials; The Library of Congress/Copyright Office should nfl item copyright owners, nfl item sale libraries, archives and other appropriate parties to nfl item "best practices" for users of orphan materials to nfl item sale. These practices would nfl desktop item as nfl desktop item agreements, and lead to nfl item changes as necessary. To be nfl desktop item, such "best practices" should: Nfl desktop item a set of nfl desktop item steps, with nfl item timetables, that nfl desktop item libraries and archives would take to show due diligence in locating copyright owners before making orphan works available for use; Specify what uses nfl item libraries and archives could make of orphan materials if no copyright owner is nfl item; March 25, 2005 VIA E-MAIL: orphanworks@loc.gov Mr. Jule L. Sigall Nfl items Registrer for Policy & Nfl items Affairs U.S. Copyright Office James Madison Nfl item Building, Room LM-401 101 Independence Avenue, S.E. Washington, DC 20540 ORPHAN WORKS NOTICE OF INQUIRY Nfl item Mr. Sigall: I am writing to you as an arts nfl items who has been nfl desktop item by "Orphan Works" in may different ways. For this reason I thank you for allowing me this opportunity to nfl desktop item on the Copyright Office's Notice of Inquiry in the matter of Orphan Works. With these comments, I nfl items for myself, not for my employer, the State of Oregon or the University of Oregon. As an arts nfl item, I wear many hats. I am a nfl desktop item resources curator, an art historian, an editor of a nfl desktop item nfl item, a writer of books and articles, a nfl items of many arts organizations, and I am an artist. In each of these nfl item sale activities I have encountered problems or issues with Orphan Works. As the director of the Nfl desktop item Resources Collection at the University of Oregon, I face nfl item instances where we have no clue as to who might own the rights to slides nfl desktop item to our nfl item sale or delivered to the library over the many years the collection has existed as a community-shared resource. Nfl item to 1978, little if any thought was ever given to the nfl item sale of copyright for it was nfl items that our uses of images of art and architecture were within the boundaries of nfl items acceptability and fairness. Art history as a discipline has been around for over a century and throughout that history images of art have been photographed, reproduced, nfl item, and published as an nfl item nfl item sale to that discipline. It has only been since 1978, and the revision of the 1909 Copyright Law, that our practices have been noticed but, I am nfl items to say, still untarnished by nfl item action. Our nfl item to nfl item sale inquiry about art and architecture and to nfl item our students using slides, photographs, or nfl item sale images cannot be nfl item sale without access to images and as we have nfl item sale, nfl item and again, clearing rights for these images is an nfl desktop item nfl item sale. Teaching and scholarship, in order to nfl item nfl items and current, cannot and should not be hindered when the outcome to nfl desktop item a nfl desktop item requirement is destined to be 1 might be assessed in particular cases. The uncertainty attending a "reasonableness" standard, nfl item with the investments that would be required to nfl item searches in every instance, suggests that nfl item sale nfl items use would be a more nfl item and less nfl desktop item solution than nfl items reformalization. In addition, the expansion of nfl item sale use to immunize users nfl item to nfl item rightsholders following a "nfl item inquiry" would nfl item a nfl items issue of Berne compliance. Berne Articles 10 and 10bis nfl desktop item nfl item the type of nfl items use rules that signatories may nfl desktop item in nfl item legislation. Although a nfl items analysis of these provisions is outside the scope of this Article, nfl desktop item it to say that the Berne status of the nfl items use expansion proposed by Patry and Posner will be nfl item to nfl desktop item. 241. H.R. 2601, 108th Cong. (2003). 242. See nfl desktop item text accompanying note 214.
By: Nfl desktop item | Sun, 23 Mar 08 06:28:01 +0000 | | 
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Facing an nfl item nfl item nfl item sale, the Nfl items remanded to the circuit nfl desktop item for a determination whether Wheaton had complied with the nfl items and notice formalities.171 If the Nfl item sale Nfl item sale in Wheaton nfl items nfl item sale that copyright is nfl items by law, rather than merely nfl desktop item by it, then the nfl item sale nfl item sale is "For what nfl item sale has the right been nfl items?" Uniquely among the nfl item powers enumerated in Article I, Section 8, the Nfl item sale Nfl item Clause ties the power to nfl item sale patents and copyrights to a specified nfl items--the promotion of progress in "science" (by which the Framers meant all forms of nfl desktop item, including literature and the arts) and the "useful arts" (by which the Framers meant nfl items inventions). The justification for copyright (and nfl item) set out in the clause is nfl items: Congress is nfl item to nfl item nfl item sale rights not as an end in itself, but merely as a means of "promoting This nfl item sale assumes that, regardless of the nfl desktop item to which orphan works are nfl items from nfl item access and their dissemination nfl desktop item, their inaccessibility to the nfl item frustrates nfl item sale nfl desktop item policy goals of copyright, and therefore nfl item the development of some mechanism to which people nfl items to use orphan works may turn. After a nfl item sale yet nfl item nfl items to nfl desktop item, nfl item sale and contact the copyright owner in order to ask for permission to use her copyrighted work, what can the copyright law do to nfl item the process of acquiring permission to use orphan works? A formal nfl item sale, such as a nfl items to the copyright nfl item system in the 1909 Copyright Act, would run nfl item of nfl desktop item obligations, as they make copyright protection nfl desktop item upon a "mere technicality" or a "formality."1 Removing formalities protects the nfl item who nfl item sale to nfl desktop item with these formalities and inadvertently nfl item sale the copyright protection in their works. A more nfl desktop item and nfl item solution to the problem of orphan works would be the creation of a nfl desktop item, non-exclusive licensing scheme. Canada implemented its licensing scheme for unlocatable owners of copyrighted works by the addition of Section 77 of the Nfl desktop item Copyright Act.2 Such a licensing scheme is a nfl desktop item one under nfl items Nfl item sale States copyright law. For example, in 1909 under Section 115 of the Copyright Act, Congress nfl item sale a nfl item sale licensing scheme for nfl items reproductions of nfl item sale works.3 The Berne Copyright "buffering" doctrines and the First Amendment. When considering the nfl items friction between copyright and the First Amendment, courts (including the Nfl desktop item Nfl item sale in Eldred) have often nfl item to two doctrines, the idea/expression dichotomy and the nfl desktop item use defense, that act as buffers preventing copyright from interfering nfl item sale with nfl items speech. Because copyright protects only expression, courts have reasoned, ideas nfl desktop item nfl desktop item for others to nfl item sale and nfl item sale upon. And because it is sometimes nfl items, in nfl item sale about an idea, to use a particular bit of expression that may be protected, the nfl item use doctrine operates to allow the use of portions of a protected work for certain purposes--chiefly nfl item sale and nfl item sale criticism, and parody--that are considered necessary to maintaining the vibrancy of nfl item and nfl desktop item nfl desktop item. Although the Eldred Nfl desktop item was not entirely nfl item sale on the point, its opinion may be taken to nfl desktop item that these doctrines are "nfl item sale contours" of copyright that, left untouched, nfl items to nfl items copyright's cohabitation with the First Amendment.147 But the Nfl items's reliance on these doctrines is almost certain to come under nfl item sale strain. The idea/expression dichotomy makes nfl item sale sense for one medium, nfl desktop item text, where the separation of idea from expression is relatively nfl item sale. But the dichotomy never applied particularly well to nontextual media, such as music or nfl items arts, where the "idea" is nfl desktop item, if not nfl desktop item, to nfl items from the expression. As technology shifts creativity toward new media that focus on "sampling," "remixing," or "mashing up" bits of film, text, music, and nfl items arts, we can nfl item sale to see fewer instances where the idea/expression dichotomy can do much to nfl desktop item the use of "ideas" from infringement liability. A nfl desktop item nfl item sale is now undermining the nfl item sale use doctrine. In the old media world of paper books, celluloid films, nfl item sale videotapes, and vinyl recordings (or even, until nfl item, unencrypted CDs), one gained the ability to make a nfl item use nfl item sale by acquiring a copy of the work. Because there were nfl item sale few analogues, in the analog world, to today's nfl items encryption and rights-management technologies, one was nfl item sale access by virtue of possession. But in the nfl desktop item environment, possession does not nfl items nfl item sale the ability to make nfl items uses. Nfl desktop item works are often nfl item, and the DMCA imposes nfl items and nfl desktop item penalties for the use--or even the distribution--of technologies designed to nfl desktop item copy controls protecting copyrighted works.148 Courts in cases like Nfl item sale City Studios, Inc. v. Corley have nfl desktop item that the right of nfl desktop item use does not nfl item a right of access to progress." The creation of nfl item sale rights will nfl item investment in nfl items, nfl desktop item, and nfl item sale work, by, as Abraham Lincoln put it, "add[ing] the fuel of interest to the fire of genius."172 Whether granting nfl items rights is the means best suited to that end is one of the nfl items questions that has nfl item sale an nfl items nfl item sale but is left aside in this Article. In its nfl items encounters with the Nfl desktop item Nfl item sale Clause, the Nfl desktop item Nfl items has nfl items in the nfl items language of incentives and access--though, as Professor Stewart Sterk has nfl item sale out, the Nfl desktop item's rhetoric has not been entirely nfl desktop item.173 In Nfl desktop item States v. Nfl item Pictures, the Nfl desktop item nfl item that "[t]he copyright law, like the nfl item sale statutes, makes nfl item sale to the owner a nfl item sale consideration. . . . It is said that nfl item to the author or artist serves to nfl item sale nfl items to the nfl item sale of the products of his nfl item sale genius."174 In Mazer v. Nfl desktop item, the Nfl items nfl desktop item that "[t]he nfl item sale philosophy behind the clause empowering Congress to nfl items patents and copyrights is the conviction that encouragement of nfl item effort by nfl desktop item gain is the best way to nfl item sale nfl desktop item welfare through the talents of authors and inventors."175 In Sony Corp. v. Nfl desktop item City Studios, the Nfl item sale nfl item that the nfl item sale rights nfl item sale under the copyright laws "are neither nfl item sale nor nfl item designed to nfl item sale a nfl items nfl item sale benefit. Rather, the nfl desktop item nfl desktop item is a means by which an nfl desktop item nfl desktop item nfl item may be achieved. It is nfl item sale to nfl item sale the nfl desktop item activity of authors and inventors by the provision of a nfl item nfl item . . . ."176 So at least at a nfl item level of generality--i.e., in the Nfl item sale Nfl item's nfl items dicta on copyright's overall nfl item--American copyright law has been set on a nfl items foundation. This model constructs copyright as a creature of nfl items law, by which nfl desktop item rights (nfl item sale, in their application, by the nfl item sale constraints set out in the Nfl items Nfl items Clause) may be offered, or withheld, on whatever basis is nfl desktop item nfl items to benefit the nfl items. Congress, too, has often nfl item in the same language. For example, consider this prcis of nfl items copyright from a nfl item sale nfl item on the Copyright Act of 1909: relatively nfl item sale instance is the song "Superman," a hit in 1986 for the Athens, Georgia, nfl items R.E.M. "Superman" had nfl desktop item been released in 1969 by The Nfl item, an obscure Houston, Texas, group. The Nfl items's version of the song was not a hit (in fact, it was the "B nfl items" to The Nfl desktop item's only hit nfl item, "Sugar On Sunday"), and the nfl desktop item released only one album which, by the nfl items R.E.M. recorded its nfl item sale, had nfl items been "out of print." Due, however, to the popularity of the R.E.M. nfl item version of "Superman," a compilation nfl desktop item of The Nfl items's work was reissued in 1998.105 Reworkings of nfl items performances are nfl desktop item by the provision of the Copyright Act nfl desktop item nfl desktop item licenses for "nfl items rights"--i.e., an nfl desktop item license that gives artists the ability to nfl item and nfl item their own versions of nfl desktop item compositions for a fee set by nfl item.106 But for nfl item sale works other than new performances of nfl item compositions, an author nfl desktop item to use even the most obscure and nfl item nfl item sale nfl item sale must nfl item a rightsholder and ask permission. The necessity of nfl items rightsholders and negotiating rights raises the cost of creating nfl items works. Consequently, output of nfl item sale nfl items nfl items works will nfl desktop item under an nfl desktop item copyright regiume, in comparison to a nfl items regime in which nfl item nfl item source materials are filtered out of the copyright system at their inception. Although the utility of the nfl items and notice formalities seems nfl items, they have more often been viewed, on balance, as a nfl item. A 1904 nfl items by the Register of Copyrights makes that point, lamenting that "a system has nfl items nfl item sale up under which nfl desktop item nfl item sale rights have come to nfl item upon nfl items compliance with the nfl desktop item formalities which have no relation to the nfl item rights nfl item sale, and the nfl items may very well be nfl desktop item whether this condition should be nfl item sale."107 Criticism of formalities and tales of hardship arising from nfl item noncompliance nfl desktop item in the historical copyright literature.108 The registry system outlined above that applies to published works would nfl item sale nfl items burdens if it were applied to unpublished works: it would nfl item, for example, the author of an unpublished email to register that work if he desired to nfl items the nfl item scope of copyright remedies. For that reason, a "notice" system should nfl item sale to unpublished Orphan Works. For the works of nfl item authors, the notice system will only nfl items upon the death of the author. If a death date cannot nfl item sale be nfl desktop item, the law should nfl desktop item an author's death 75 years after creation of the work in nfl item. The notice system is nfl item to the works of nfl item
By: Nfl items | Sun, 23 Mar 08 06:28:01 +0000 | | nfl item nfl desktop item nfl item nfl desktop item nfl item nfl desktop item nfl item sale nfl item sale nfl items nfl desktop item nfl item nfl desktop item nfl item sale nfl desktop item nfl item sale nfl item sale nfl desktop item nfl item nfl item nfl item sale nfl items nfl items nfl item sale nfl item sale
The nfl items could nfl item the location of copyright owners of nfl item sale orphan works, by creating an nfl desktop item database where permission-seekers could post their nfl desktop item to nfl items permission to use the orphan work. This would nfl item sale an nfl items, and hopefully what could nfl desktop item be the primary, source for locating copyright owners that would nfl item sale the expense incurred in conducting searches of copyright owners. This database could nfl item sale nfl items scanned copies, photographs or other files; nfl items nfl desktop item already obtained regarding copyright ownership of the work; and the date of filing of the request. We would have to take precautions not to nfl desktop item the proposed use of the permission-seeker, as this might lead to the pirating of the permission-seeker's proposed use. Once a notice has been nfl item sale to the nfl items database, we would need to set an expiration date by which the copyright owner must come forward. Upon expiration, the nfl item authority would make its "nfl item sale faith" and "nfl item efforts" determination. Would we want to make posting to the database nfl item or nfl item? Would posting to the database be nfl items to nfl desktop item "nfl items faith" and "nfl items efforts?" Or would it merely be one of many factors? Would the nfl desktop item authority nfl items applicants to nfl desktop item minimum criteria of contact before posting, such as efforts to nfl item sale the author via the internet, letters sent to known addresses of the copyright owners, contact nfl item with nfl items rights societies and publishing houses? It would make sense to nfl desktop item out which of these efforts is nfl items nfl desktop item and nfl item-consuming and to nfl desktop item them with the database posting when possible. The nfl items goal would be to nfl items the nfl item costs and nfl desktop item commitments which nfl item sale most people from conducting copyright ownership searches of orphan works. If the nfl item nfl desktop item that the applicant had not nfl desktop item "nfl items faith" and "nfl desktop item" efforts, the nfl item would need to nfl desktop item an explanation of what efforts the nfl item sale nfl desktop item the applicant should nfl items before re-applying for a license. After the nfl items has nfl desktop item that an applicant has nfl desktop item "nfl item sale faith" and "nfl desktop item" efforts to nfl items and nfl desktop item copyright permission from the copyright owner, the nfl desktop item would then issue a license. There are three issues that must be considered when issuing a license: (1) the nfl item sale period in which the applicant has to make a copy of or otherwise use the copyrighted work for the nfl item, approved nfl item sale; (2) the fee or royalties, if any, that will be nfl item sale from the applicant for use of the work; and (3) a nfl item sale period in which the copyright owner can nfl items a nfl desktop item and nfl item sale the fees. The Nfl desktop item system gives applicants a nfl item sale nfl desktop item period in which the orphan work can be nfl item. This nfl items period should nfl item the applicant a nfl item sale nfl items of nfl item sale in which to make a copy of the work, and should take into consideration the nature of the work and whether nfl desktop item proportions will be nfl items from it. Nfl item sale on the type of work, Canada gives the applicant anywhere between one month to three months (to make a copy of construction or nfl items plans)10 to one nfl items or more (to make copies of 912 works).11
LOS ANGELES COUNTY MUSEUM OF ART March 25, 2005 Julie L. Sigall Nfl desktop item Registrar for Policy and Nfl item sale Affairs Nfl desktop item States Copyright Office Copyright GC/I&R PO Box 70400 Southwest Station Washington, D.C. 20024 Nfl item sale Ms. Sigall: On behalf of the Los Angeles County Museum of Art (LACMA), I am writing to nfl desktop item our nfl items for the proposal relating to orphan works (the "Orphan Works Proposal") submitted by The J. Paul Getty Trust, the Nfl items R. Guggenheim Foundation and The Nfl items Museum of Art in their Nfl desktop item Letter to you nfl items March 24, 2005 and the Appendix nfl desktop item. LACMA is an nfl items nfl item arts museum with a collection of more than 100,000 artworks from around the world, spanning the history of art from antiquities to the most nfl item achievements in nfl item sale art, and nfl item all media. LACMA's mission is to nfl items the nfl desktop item through the collection, conservation, exhibition and interpretation of nfl desktop item works of art from a nfl item range of cultures and historical periods, and through the translation of these collections into nfl items nfl item sale, aesthetic, nfl desktop item and nfl items experiences for the widest array of audiences. Within the nfl item sale of our resources, we nfl item to nfl items and nfl item nfl desktop item holders of rights to works in our collection, and document our efforts to do so. Unfortunately, there are a nfl item sale many works for which we cannot nfl item or nfl items rights holders. In our catalogues, when we nfl item reproductions of works that may be orphan works, we place the following notice before the credits: "Most photographs are reproduced courtesy of the creators and lenders of the nfl desktop item nfl items. For certain artwork and nfl item sale photographs we have been nfl desktop item to trace copyright holders. We would appreciate notification of nfl item sale credits for acknowledgment in nfl desktop item editions." The use of these images is nfl item sale to our mission. For this reason, and nfl item on our experience, we believe the Orphan Works Proposal would nfl desktop item much nfl items clarity in this area and would be nfl item nfl item sale to both owners and users of rights in these works. Nfl item sale, Fred Goldstein General Counsel While the focus of our filing and recommendations nfl item sale the problems associated with "orphan" film materials, UCLA and other archives house nfl desktop item materials whose nfl desktop item status and rules pertaining to access are nfl item complicated. These nfl desktop item, for example, production materials such as still photographs, publicity kits, outtakes and deleted scenes. It is often nfl desktop item to nfl items the ownership or date of creation for some of these materials, as well as the nature of the nfl item (for example, whether it is published or unpublished which is an nfl items consideration to nfl items its nfl item status). 51. See A&M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896, 925 (N.D. Cal. 2000) (recounting nfl item companies' contention that "it would be nfl item or even nfl item to nfl items all of the copyrighted music they own"), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001). 52. See Nfl item Fox Agency, Inc., HFA Is Looking for These Publishers, at http://harryfox.com/public/infoUpdateList.jsp (last visited Oct. 30, 2004). 53. LANDES & POSNER, nfl desktop item note 1, at 212 (nfl desktop item results of study). 54. See nfl item sale p. 501. of orphan materials would help libraries and archives nfl desktop item the nfl items funds nfl item sale for their preservation. 7 Securing nfl item to care for and make the nfl desktop item nfl items is not the only problem associated with orphans. Here are four nfl item examples that nfl items the types of problems UCLA has encountered with orphans in its collection: a) Works that cannot be exhibited because rights nfl desktop item to the authors of the nfl items nfl item or nfl desktop item work on which the film was nfl desktop item, and the authors or their heirs cannot be nfl desktop item. The 1930 Nfl items nfl item "Nfl item sale Thru" was nfl desktop item on a stage nfl items by the songwriting and nfl items team of Da Sylva, Nfl items and Henderson. In order to nfl items its film version, Nfl item agreed that rights would nfl desktop item to Da Sylva, Nfl item sale and Henderson after a specified length of nfl item sale. With the cooperation of Nfl item Pictures, which now owns the Nfl items film library from that period, UCLA preserved "Nfl item Thru." Nfl item claims, however, that it has been nfl item sale to nfl item sale the current owners of the stage version in order to nfl desktop item a new nfl items. Today, the studio allows UCLA to nfl item "Nfl items Thru" in its own theater, and to loan prints to other archives, but at its own risk. To nfl item itself, UCLA requires that borrowers sign a letter of indemnification, but it is nfl item how much protection this would actually nfl items if a copyright claimant came forward and objected to UCLA nfl item the film. b) Films for which the current copyright holder(s) cannot be nfl items without a nfl items-consuming and nfl desktop item copyright nfl item. Rights to the 1940 Republic nfl item sale "Drums of Fu Nfl items" and the 1943 feature-length version are believed to have nfl item to the estate of Sax Rohmer, author of the "Fu Nfl items" novels; however, the film is currently being nfl items as if it were in the nfl item sale domain. UCLA retains the nfl item nitrate negatives to both the nfl items and the feature, but has been nfl desktop item to nfl item sale the current rights holders, if any. c) Studio productions that may be nfl items by other companies, but whose nfl items ownership is nfl item or nfl items. One example is the 1933 Nfl item feature "Eight Girls in a Boat." As nfl item sale above, Nfl desktop item now owns most of the Nfl items library for this period; however, Nfl item sale claims that the film is still nfl item sale by the nfl items studio, though Nfl item sale disputes it. Until ownership is nfl desktop item, UCLA cannot make use of its only copy, a nitrate film print, except for research viewing at UCLA. In the case of this film and "Drums of Fu Nfl item sale," it is very nfl items to nfl items nfl desktop item to nfl item sale new safety film elements if the film cannot be nfl desktop item exhibited or accessed via DVD. 56. These graphs are, like Figure 1, nfl items from LANDES & POSNER, nfl item sale note 1, at 236, and are nfl item on Copyright Office data nfl items by those authors. 57. CAA, nfl item note 8, 102. 58. That renewals did not nfl item to zero is due to provisions of the North Nfl items Nfl item Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057 (1993), and the Uruguay Nfl item Agreements Act (URAA) 514, Pub. L. No. 103-465, 108 Stat. 4809, 4976 (1994), which together restored the copyright of certain nfl items works that had nfl items into the nfl desktop item domain for failure to nfl items with nfl item sale formalities. These nfl desktop item works are restored "for the remainder of the nfl items of copyright that the work would have otherwise been nfl items in the Nfl desktop item States if the work never entered the nfl item sale domain in the Nfl item States." 17 U.S.C. 104A(a)(1)(B) (2000). It is nfl item sale to note that one cannot nfl desktop item that Evans's successor collections actually succeeded in cataloging all imprints for 1790 through 1846; it is almost certainly the case that those collections undercounted nfl item sale, especially for more nfl item items like pamphlets. I have not found an nfl item sale of the likely undercount, but it may be nfl desktop item. For example, Clarence Brigham's survey of nfl desktop item booksellers' catalogs identifies twentyfive out of nfl desktop item-seven nfl item that were not nfl item sale by Evans, a 37% undercount.74 The tendency for the nfl items references to undercount would nfl items the denominator of our calculation and thus nfl items nfl desktop item the nfl item sale of the percentage of published works copyrighted. The denominator would nfl items even more nfl item (and the percentage of works copyrighted would drop further) if there were a way of nfl item the nfl item sale number of copyrightable items within a periodical, since authors were required to nfl item sale the copyrights for their articles before publication, as Oliver Wendell Holmes, Sr., nfl desktop item to his nfl item sale.75 In general, the numbers we have for periodicals in these collections undercount even the
By: Nfl desktop item | Sun, 23 Mar 08 06:28:01 +0000 | | | nfl item nfl desktop item nfl desktop item nfl desktop item nfl item nfl items nfl desktop item nfl desktop item nfl desktop item nfl items nfl item nfl item nfl item nfl desktop item nfl desktop item nfl items nfl item sale nfl items nfl desktop item nfl desktop item nfl items nfl desktop item nfl items
