Re: Orphan Works Act of 2008

Matthew J. Agnello wrote:
> Another interesting part of this bill is the requirement that the 
> Copyright Office keep a record of all Notices of Use, which would list 
> all the works people had looked for, couldn't find, and decided to 
> use, afaik. This might also be useful as a list of works people /can/ 
> use, especially if no copyright holder speaks up.
>
It's my understanding, based on a write-up on one of the links Nelson 
sent out to this list earlier, that this list could NOT be used as a 
"fair game" list, according to the House bill.  This is different from 
the Senate version.  In other words, in spite of the fact that somebody 
else has been unable to locate the copyright holder, /you/ would still 
be responsible for doing a reasonable search before /you/ used the work.

The article Nelson sent out is very informative, if you haven't gotten a 
chance to read it.  It also speaks a bit to your first question about 
diligent searches. (http://www.emg-zine.com/item.php?id=396).  Hope 
that's helpful!

Best,
Parker
>
> Best,
> // Matt
>
>
> --
> Matthew J. Agnello
> http://hungryfilmmaker.com/
> < matt.agnello <at> gmail.com <mailto:matt.agnello <at> gmail.com> >
>
> On May 11, 2008, at 10:59 AM, Fred Benenson wrote:
>
>> Right, I realized that at the same time as I hit send.
>>
>> Oh well, an interesting way to introduce the idea but obviously not 
>> sufficient or necessary!
>>
>> F
>>
>>
>> On Sun, May 11, 2008 at 10:57 AM, Gavin Baker <gavin <at> gavinbaker.com 
>> <mailto:gavin <at> gavinbaker.com>> wrote:
>>
>>     -----BEGIN PGP SIGNED MESSAGE-----
>>     Hash: SHA1
>>
>>     Fred Benenson wrote:
>>     [...]
>>     | One way to think of it, and I haven't given this as much
>>     thought as I
>>     | should, would be that it essentially adding a 5-factor to fair use,
>>     | which I think is probably a good thing.
>>
>>     Well, except the other 4 factors are actually defenses to
>>     infringement.
>>     This bill doesn't get the infringing user off the hook entirely, but
>>     limits the monetary and injunctive relief available. So I can see the
>>     way it's analogous to fair use, but it's not quite the same thing.
>>
>>     - --
>>     Gavin Baker
>>     http://www.gavinbaker.com/
>>     gavin <at> gavinbaker.com <mailto:gavin <at> gavinbaker.com>
>>
>>     in the dream
>>     my dog has a whistle
>>     only I can hear
>>     ~    John Stevenson
>>     -----BEGIN PGP SIGNATURE-----
>>     Version: GnuPG v1.4.6 (GNU/Linux)
>>     Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
>>
>>     iD8DBQFIJwlttLXQdLhFpekRArbdAJ93Lowvpzjeqg4N1a7PzU4g5K/DcQCdFlzl
>>     DN+B1gLF+AJnJdEPaJBY7bA=
>>     =sEpF
>>     -----END PGP SIGNATURE-----
>>     _______________________________________________
>>     Discuss mailing list
>>     Discuss <at> freeculture.org <mailto:Discuss <at> freeculture.org>
>>     http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>
>>
>> _______________________________________________
>> Discuss mailing list
>> Discuss <at> freeculture.org <mailto:Discuss <at> freeculture.org>
>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> Discuss mailing list
> Discuss <at> freeculture.org
> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>