gmane.org.freeculture.discuss

Re: Orphan Works Act of 2008

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.

I think either one of those situations is reasonable. If either of these versions becomes law, I would love to see a site where people could post the records of their search for a copyright owner (with reasonable privacy considerations). That way, if the House version passes, people interested in using a work can pick up where the previous searcher left off and you get a crowdsourcing of copyright owner searches, and if the Senate version passes, those records are archived and always available.

Best,

// Matt

Matthew J. Agnello

http://hungryfilmmaker.com/

< matt.agnello <at> gmail.com >

On May 13, 2008, at 10:02 AM, Parker Higgins wrote:

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:

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   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

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