Kathe, (01)
Thanks for the link. This is a very interesting document, and I hope
that the proposed text can make it into law. (02)
I've made a few notes of especially interesting pages from the
perspective of the CHM, which might be of use to people who want to
skim, since the document is rather long. (03)
page 9. once an owner is located, the orphan works provision becomes
inapplicable.
page 13. monetary relief
page 27. changes of ownership
page 37. Large-scale access uses (museums)
page 38. Enthusiast uses
page 39. Private uses - program written for an obsolete operating system
page 42. works produced before 1978 now have automatic copyright
extension for 95 years.
page 44. The orphan works problem is thus a by-product of the United
States’ modern copyright system, and has been with us since at least the
day the 1976 Act went into effect.
page 44. Existing provisions in US Copyright Law that related to Oprphan
Works
page 53-54. idea/expression dichotomy in software
page 55. A user in the orphan works situation should consider whether
the idea/expression dichotomy might allow her to go forward without
permission from the absent copyright owner.
page 57. Section 117 permits owners of a copy of a computer program to
make a copy of and adaptation to the program in certain circumstances
which might be applicable to the types of situations involving
“abandonware” described above
page 106. tracing transfer of title is frustratingly difficult
page 110. requirement of attribution when using orphan works.
page 115. Limitations on monetary relief
page 118. "Our discussions with museums, univerisites and libraries
indicated that in many orphan works situatiosn, a low or zero royalty is
likely to be the reasonable compensation"
page 118-119 Limitations on monetary relief
page 122-123. Large-scale access user
page 125. Enthusiast user
page 127. recommended statutory language (04)
Jonathan (05)
Gust, Kathe wrote:
>
> This may be of interest. I got it as a result of one of my library
> mailing groups.
> Kathe (06)
> http://www.copyright.gov/orphan/ (07)
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