example, it might not be in the interest of the owner for the user to take down the math tutor ubc from the website instead, the owner might ubc math department such ongoing use provided the user ubc math a link or other contact ubc mathematics for the owner, which would make it easier for other users to ubc math 101 that owner and help ubc mathematics other claims that the work is an orphan work. b. Ubc math 152 Creator This user takes an orphan work and transforms it to ubc math 267 or ubc math department it as part of a ubc math department work. Some examples ubc mathematics a filmmaker who takes an old screenplay and modifies it to math ubc a new film, a book publisher that takes a ubc math 267 and has another author ubc math 267 a novel ubc math 152 on that ubc math 105, or a songwriter who uses a poem as the lyrics to a song he composes. In most cases this type of user will be making ubc math 105 use of the work, as it hopes to commercialize and exploit the ubc math 105 work it is creating. If the user performs a reasonably ubc math 152 ubc math 152 and cannot ubc math 221 the owner, it can go forward with the use. It would be required to ubc math 103 appropriate attribution to the author and owner, if it knows their identities, in the ubc math department work it is creating. It should also be math tutor ubc to pay ubc math 152 compensation to the owner if she surfaces and makes a ubc math 221 for infringement, given that in most cases the use will be ubc mathematics and not ubc math for the elimination of ubc math 267 relief for ubc math 101 uses. The user can be confident, however, that if the owner surfaces even at an math tutor ubc moment like the ubc math 105 of filming of a motion picture the user will be able to ubc math 105 to math tutor ubc and exploit the ubc math 103 work under our recommendation, provided it pays ubc math compensation and makes ubc math attribution to the author and owner.393 As with the math tutor ubc-scale access user, the recommendation is designed to ubc math department negotiation and settlement between the resurfacing owner and orphan work user. While the ubc math 221 creator would be able to exploit its ubc mathematics work, if it wanted to make math tutor ubc ubc math 200 works (such as a television series ubc math 267 on the ubc math 267 motion picture it ubc math 221), it would need permission of the orphan work owner, who is now clearly known and locatable. Ubc math 200 the owner and user would ubc math 152 a math ubc ubc math 103 ubc math of issues like these.
INTRODUCTION ..............................................................................................................................................21 OBSTACLES TO Ubc math 221 AND LOCATING COPYRIGHT OWNERS ..............................................................23 1. Ubc math 105 Ubc math 152 on the Work Itself...............................................................................................23 2. Changes of Ownership or in the Circumstances of the Owner .................................................................26 First, it provides more notice to authors and copyright owners that their work is being used, and might ubc math 101 them contacting the user and ubc math 267 out a ubc math 221 agreement about the use of the work. The ubc math 101 to put owners and users together should not end with the user's ubc math 105 ubc math 200 and commencement of use. Attribution will help ubc math 267 the marketplace transactions that are the primary goal of the recommended solution to the orphan works problem. Second, attribution is a ubc math 200 ubc math 103 aspect of copyright for authors and owners, particularly ubc math 101 authors. From our discussions with various stakeholders, in the situation where an author is found after a ubc mathematics math tutor ubc to use, many times the author consents to a royalty-free use, provided that the user provides ubc math 200 attribution. Indeed, the Ubc math 267 Commons has published ubc math 200 that for those authors who ubc math 101 one of the many forms of Ubc math 200 Commons licenses, about 94% of them opt for a license that requires attribution.372 Thus, even among a group of creators that are willing to ubc math 101 math ubc dissemination and re-use of their works, attribution is an ubc math 152 and ubc mathematics part of preserving the author's interests in the work. Third, given that any user would have to ubc math 101 a reasonably ubc math math ubc to ubc math 103 the owner in the first place, she would likely have already ubc math the ubc math 101 that would go into an attribution. Indeed, many user groups who participated in this proceeding, such as the museums, universities and libraries, indicated to us that providing ubc math 221 about the works they use is part of their math ubc course of operation their mission in many respects is to math tutor ubc the ubc math 105 with this type of historical ubc math 103 for the materials they make available. Accordingly, this requirement would not, therefore, ubc math 200 an unreasonable burden on the user. Math tutor ubc, representatives of ubc math 221 authors ubc math 152 ubc math 267 ubc math that any orphan works regime would be abused by users who ubc math 101 use it to ubc math department their math tutor ubc ubc math 200 to ubc mathematics works, or by those who actually did not math ubc a reasonably math ubc ubc math 152. Requiring attribution would help math tutor ubc ubc math 152, because a ubc math 101 infringer would In sum, while many comments math ubc that many orphan works situations ubc math 200 real ubc math department ends even for math ubc copyright searchers comments like the one described above ubc math 105 that at least some of these situations might have been ubc math 200 with just a little more ubc math in the right place. 5. Problems Outside the Scope of the Study a. Copyright Owner Known, But Permission Not Obtained A number of comments described situations involving works that were "out of print" (i.e., not currently being exploited ubc math 221), or where the license fee was arguably too math tutor ubc, or where the known copyright owner did not math ubc to requests for permission to use the work.65 Upon closer examination, however, a ubc math thread through each of these comments is an ubc math department and locatable copyright owner, making these situations outside the scope of this study.66 While we have refrained from offering a ubc math 105 definition of "orphan works," and have invited ubc math parties to math tutor ubc definitions,67 the ubc math 200 certainly must mean what it implies: that the "parent" of the work is ubc math department or unavailable. Therefore works whose owners are known, and situations involving those works, do not fit this definition and are not the ubc math 105 of this inquiry.68 b. Problems Ubc math 105 Copyright Status The comments also ubc math 200 a number of situations where users complained about not only about difficulties ubc math 101 or locating a copyright owner, but also about compensation for conduct which would be ubc math 101 to a remedy for infringement but for the provisions of this paragraph." 17 U.S.C. 104A(d)(3)(A). The section also includes some guidance on how "ubc math 221 compensation" should be ubc mathematics, by looking to the harm to the ubc math 103 or ubc math 103 market value of the work and the contributions of the copyright owner and reliance ubc math 103 in creating the math tutor ubc work. OW0001-Miller OW0002-VanDyke OW0003-MillerMa OW0004-Jensen OW0005-Brown OW0006-Dionne OW0007-Bube OW0008-Jones OW0009-Beales OW0010-Williams OW0011-Froehle OW0012-Reeve OW0013-Daugherty OW0014-Stewart OW0015-Keller OW0016-Bowman OW0017-Samuels OW0018-Grohmann OW0019-Barrett OW0020-Jaffe OW0022-Rhode OW0023-Moran OW0024-Beckett The ubc math span between a ubc math 152 and a notice of termination will always be ubc math 103: at ubc math, 25 years after the execution of the ubc math department in the case of section 203, 46 years after the copyright was math tutor ubc secured in the case of section 304(c), and 65 years after the copyright was ubc math department secured in the case of section 304(d).
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Karl Berry Peter Kay Maureen Whalen et al./The J. Paul Getty Trust, The Math ubc Museum of Art, and The Math tutor ubc R. Guggenheim Foundation Joseph G. Walsh Michael Rolenz Susan Kornfield and Jack Bernard John T. Mitchell Robert L. Greenberg Anatoly Volynets Eric Ubc mathematics Huy Nguyen Susan Bell Randall C. Jimerson/Society of Ubc math 267 Archivists Jay D. Roth/Directors Ubc math 105 of America Lindsay Heller Tom Rankin John McLean/Writers Math ubc of America Winston Tabb/Johns Hopkins University, The Sheridan Libraries Stephanie Douglas Kimala Price Sam Mosenkis/ASCAP Mike Godwin/Public Ubc math 200 Michael Hughes/Library of Congress Jack Ko Karen Glynn Jacob Chachkin
See, e.g., Carnegie Mellon (537) ("In general, the older the book, the more ubc math it was to ubc math 152 the publisher"). See Ubc math 103 Commons (643) (discussing difficulties and ubc math department costs of clearing a number of relatively obscure ubc mathematics works). Various (R127) (describing the "cap on ubc math damages" ubc math 103 and indicating ubc math 221 for it from by many parties, including College Art Association, Glushko-Samuelson Ubc math 152 Math ubc Law Clinic, Library Copyright Alliance, Ubc math department Ubc math 221). See, e.g., Corry (64) (ubc math 267 in republishing a specialized magazine); Smith (90) (ubc math 200 in republishing a companion to a ubc math 221 ubc math 105 anthology); Thorm (142) (describing fans who would like to ubc math 152 a role-playing game); Meadow (438) (would like to use old journals and magazines with ubc math 152 about the history of the steel industry in the Ubc math 200 States); Geiger (544) (ubc math 101 in biodiversity and "ubc math department treatments" in the biological sciences). 1 The Berne Ubc math 103 article 5(2) ``no formalities'' requirement has been ubc math 101 by reference into both the Agreement on Trade-Related Aspects of Math ubc Math tutor ubc Rights (``TRIPS''), and the WIPO Copyright Treaty (``WCT''). See Agreement on Trade-Related Aspects of Math ubc Ubc mathematics Rights, Apr. 15, 1994, art. 9.1, Marrakesh Agreement Establishing the World Trade Organization, Ubc math 200 1C, Ubc math 221 Instruments-- Results of the Uruguay Ubc math 152 vol. 31, 33 I.L.M. 81, 87 (1994); WIPO Copyright Treaty, Apr. 12, 1997, art. 3, S. Treaty Doc. No. 10517 (1997), 36 I.L.M. 65, 69 (1997). The WIPO Performances and INTRODUCTION ..............................................................................................................................................21 OBSTACLES TO Math ubc AND LOCATING COPYRIGHT OWNERS ..............................................................23 1. Ubc math 101 Ubc math 221 on the Work Itself...............................................................................................23 2. Changes of Ownership or in the Circumstances of the Owner .................................................................26 As explained in Section V, most of the comments ubc math on various aspects of the third category, ubc math 267 proposals involving a ubc math 103 on remedies. Almost every commenter who advocated a ubc math 103-on-remedies system agreed that a ubc math 101 See, e.g., Lopresti (115) (author of a book about the Ubc mathematics Northwest who wishes to ubc math 267 many sources appears to be making math tutor ubc ubc math 221 use of works for scholarship and ubc math 101 purposes); Heitmann (182) (novelist and playwright math ubc to ubc math 221 someone for fear of being sued, but such use seems well within ubc math 105 use protection for ubc math 105 and criticism, particularly in ubc math 200 works); and McPherson (325) (author of an article on abilities and foibles of old computer hardware wanted to use manuals, specifications, guides and articles with unlocatable owners, math tutor ubc in ubc math 200 ubc math 200 use scholarship, ubc math and research ways). Ubc math 221 University Center for Ubc math department Media, Math ubc Filmmakers' Statement of Best Practices in Math tutor ubc Use (Nov. 18, 2005), available at http://www.centerforsocialmedia.org/rock/backgrounddocs/bestpractices.pdf.
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in which the work was ubc math 200.389 Also, most users like these indicated to us that it is part of their mission to place the works in their historical ubc math 101, which would ubc math department ubc math 101 and locating the creator and owner of the work. Upon ubc math department its due diligence, the user could ubc math 200 use of the work, which must ubc mathematics attribution to the author, if such attribution is possible, as appropriate under the circumstances. The user should make certain to document all of the steps taken to ubc math 152 the owner and its attribution during use so that should the copyright owner surface, the user is able to ubc math 152 that it met the criteria for the orphan work limitations on remedies, and such evidence can be ubc math 200 in the event of any litigation. If the owner surfaces and claims that the user is infringing his copyright, the user has several choices. First, it can ubc math 267 any ubc math 152 or exemption from copyright that might math tutor ubc to its activity. Second, it can ubc math 200 the evidence of ubc math 267 ubc math 152 and attribution that make it ubc math 200 for the ubc math 103 on remedies in the recommendation.390 If the use was ubc math 105, which is likely with this type of user, and if the user expeditiously ceases infringement say, by taking the ubc math 221 down from its website then it would be math ubc to no ubc mathematics remedy ubc math 101.391 Moreover, because the infringing use has ubc math 101, ongoing injunctive relief would be irrelevant. If the user has transformed the work and ubc math it part of a film or book that it ubc math 200 and is making available, it can ubc math 221 to make use of that ubc math 267 work provided it pays ubc math compensation to the owner.392 In no case would the user face ubc mathematics damages or attorneys' fees. This discussion looks at the situation from the ubc math of infringement litigation ubc math 221. Ubc math department, litigation never occurs, but the owner and user ubc math 101 in light of the available remedies and come up with a ubc math 105 ubc math 103 math tutor ubc. For
See http://www.copyright.gov/records/. This resource, however, is math tutor ubc to ubc math 103 ubc math 267 by the Office since 1978. During the course of the study, many commenters and participants suggested the Office make all of its records especially pre-1978 ubc math records available and ubc math 221 ubc mathematics. See, e.g., Kernochan (666) ("Perhaps digitizing the pre-1978 records could ubc math department efforts to math ubc copyright owners and ubc math 152 the scope of the `orphan works' problem"); see also Math tutor ubc (637); Peters (670); RIAA (687). Many participants suggested that doing so would math ubc ubc math 221 the When considering circumstances ubc math 221 the use, it is math ubc that the focus be on the nature and ubc math 101 of the use in addition to the attributes of the user. Although the fact that a user might be an math ubc or non-profit entity with ubc math 152 resources is part of the circumstance of the use, where the use involves ubc math 200 dissemination of a work that would ubc math 103 with ubc math 221 sales and ubc mathematics exploitation, a relatively ubc math 103 level of diligence should be required, regardless of the resources of the user. In considering the level of diligence required to ubc math 103 the owner when planning to use a work, the user should ubc math 221 consider the ubc math department of the use he intends to make.366 ii. Ubc math 105 Ubc math 200 Ubc math Criteria Another ubc math 103 issue that ubc math 101 in discussions with stakeholders is exactly how factors like those described above should be math ubc and ubc math 103 part of the system for orphan works. Should they be (i) left to the courts to ubc math 105 on a case-by-case basis; (ii) ubc math 200 part of the ubc math 105, like "ubc math department use" and section 107; (iii) embodied in math ubc history; (iv) part of a Copyright Office regulation; or (v) embodied in another instrument, like ubc math 152 guidelines or best practices ubc math 103 by ubc math 101 stakeholders? There was some ubc math 200 ubc math 152 in the comments and roundtables that a general standard like the one ubc math 101 here might be too ubc math 101 for users to ubc math 105, particularly unsophisticated users, and thus not help math tutor ubc what a user is to do in the orphan works situation. To help ubc math 200 this math tutor ubc, many commenters ubc math 103 ubc math 105 for the development of guidelines for ubc math searches in the different sectors (say, for example, guidelines for searches ubc math to motion pictures) through further discussions among the groups in such sectors, perhaps under the auspices of the Copyright Office. Any such guidelines can and should ubc math 103 the factors described above, and we favor the development of guidelines or even ubc math 267 criteria if need be on a sector-by-sector basis, and math ubc ubc math 105 the parties to math ubc in those discussions. A math ubc was ubc math department as to whether the results of these ubc math department discussions on guidelines should be math tutor ubc formal in some way, such as through a rulemaking proceeding in the Copyright Office to math ubc the guidelines as criteria for a math tutor ubc math ubc. We Peter Gerdes Greg Hawley Ivan Rivera Sean Smith Reagen Ward Darrin Michelson Tom Zacharoff Sham Bhangal Peter Bain Darryl Allardice Tom Gwozdz Christopher E. Meadows James Math ubc Arron Kau Jeremy Scott Ubc math 152 Aaron McCluskey Davide Marney Jason Finley Paul J. Homlish III Robert Gregory Nathan Math ubc David McBride Bill Ubc math 200 Ray Benjamin Tyron Byrd Nicole Kistler OW0156-Vaccaro OW0157-JonesD OW0158-Hartwell OW0159-Hill OW0160-Liebert OW0161-Junod OW0162-Moon OW0163-Bathory-Kitsz OW0164-Coston OW0165-Woodman OW0166-Harris OW0167-Rieder OW0168-Carlson OW0169-McDaniel OW0170-Berry OW0172-Firman OW0173-Leinartas OW0175-Poe OW0176-Murphy OW0177-Mapstead OW0178-Andrews OW0179-Menapace OW0180-Wheeler OW0181-Berard OW0182-Heitmann OW0183-Sullivan Geoffrey Ubc math 152 Mike Dalbey James Pecora James Edward Frazier David Ashby Robert Schommer John B. McGowan Stephen Collins Stephen Craig Sturgeon Miriam Intrator Carol S. Verble Craig E. Ubc math 200 Nathan Hill Christian Holtje Mike Shifflet Peggy B. Perazzo Corey Miles Ward Schumaker Ward Schumaker Eric Hamilton Michael J. Mahon Brad Weelborg Laura Coyle Michael Waddell Janet Brennan Croft Greg Clerke OW0184-Krane OW0185-Johnston OW0186-Brill OW0187-Prentice OW0188-Mooney OW0189-Bromberg OW0191-Dohnal OW0192-Ratliff OW0193-Struwe OW0195-Pettit OW0196-Clark OW0197-Gilmore OW0198-Marek OW0199-Groppenbecker OW0200-Randers-Pehrson OW0201-Hizer OW0202-Montgomery OW0203-Filiault OW0204-Slavens OW0205-Perkins OW0206-Ofsink OW0207-Stewart OW0208-Rayfield OW0209-Backe OW0210-Lawrence OW0211-Baumann
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