Orphan Works
As described in a 2005 report that the Copyright Office prepared for Congress, an “orphan work” is a work that is protected by copyright but whose copyright owner cannot be identified and located. It is clear that such a situation harms both creators and users. Reasons for a work to be orphan include that the copyright owner is unaware of their ownership or that the copyright owner has died or a company has gone out of business and it is not possible to establish to whom ownership of the copyright has passed.
Orphan works are not available for use by filmmakers, activists, writers, musicians, and broadcasters. Because the copyright owner cannot be identified or located, historical and cultural records such as period film footage, photographs and sound recordings cannot be incorporated in contemporary works. Public libraries, educational institutions and museums who digitize old manuscripts, books, sound recordings and film, may choose not to digitize orphan works, or make orphan works available to the public for fear that a re-appearing copyright owner may sue them for damages.
According to Neal Netanel of UCLA, the increase in orphan works is the result of two factors (CITE DATE). Copyright terms have been lengthened, and copyright is automatically conferred without registration or renewal. Currently only a fraction of old copyrighted works are available to the public. Therefore a lack of incentive to maintain a work circulation seems to exist.
Orphan works are not available for use by filmmakers, activists, writers, musicians, and broadcasters. Because the copyright owner cannot be identified or located, historical and cultural records such as period film footage, photographs and sound recordings cannot be incorporated in contemporary works. Public libraries, educational institutions and museums who digitize old manuscripts, books, sound recordings and film, may choose not to digitize orphan works, or make orphan works available to the public for fear that a re-appearing copyright owner may sue them for damages.
According to Neal Netanel of UCLA, the increase in orphan works is the result of two factors (CITE DATE). Copyright terms have been lengthened, and copyright is automatically conferred without registration or renewal. Currently only a fraction of old copyrighted works are available to the public. Therefore a lack of incentive to maintain a work circulation seems to exist.
Resources for General Information on Orphan Words
http://blogs.library.duke.edu/scholcomm/2009/07/30/orphan-works-fair-use-and-best-practices/
In this blog Duke University Library’s first Scholarly Communications Officer Kevin Smith examines the Society of American Archivists’ Statement of Best Practice on Orphan Works.
http://www.hathitrust.org/
The HathiTrust Digital Library is a very large-scale collaborative depository of digital content from research libraries including content digitized from the Google Books project and Internet Archive digitization initiatives, as well as content digitized from local libraries. The Hathi Trust is a partnership of more than 60 major research institutions and libraries worldwide, working to ensure that the cultural record is preserved and accessible long into the future.
http://scholcommbc.blogspot.com/2011/08/hirtle-on-hathitrust-and-orphan-works.html
Hosted by Scholarly Communications News@BC (Boston College), this is an interview with Peter Hirtle, who wrote the book on Copyright and Cultural Institutions. He discusses HathiTrust and the work involved in finding copyright holders of orphan works.
http://futureofmusic.org/article/fact-sheet/orphan-works
The website of the Future of Music Coalition (Education, Research and Advocacy for Musicians) is a nonprofit organization that works to ensure a diverse musical culture where artists flourish and are compensated fairly for their work, and where fans can find the music they want. This website contains a discussion of orphan works – specifically how it relates to musicians.
http://www.youtube.com/watch?v=d_TqdGVNCbI
A discussion of orphan works by Randy Taylor the CEO of StockPhotoFinder.com. This is a “how to” video for photographers who “want to level the playing field on orphan works.”
http://thedigitalstory.com/2007/07/orphan_works_and_not.html
This podcast “Orphan Works and Notes from the MS Photo Summit” is narrated by Derrick Story and hosted by The Digital Story website. Mr. Story is the managing editor for O’Reilly Network, a technology based website. He is a photojournalist and the author of numerous books about digital photography.
Resources pertaining to the 2006 and/or 2008 orphan works legislation
http://www.artistsnetwork.com/articles/business-of-art/orphan-works
ArtistsNetwork.com is a website that connects artists with ideas, inspiration and instruction. It is a division of F+W Media, Inc. The site contains the article, “Understanding the Orphan Works Controversy” written by Leonard DuBuff and Christy O. King, authors of Art Law in a Nutshell and several other leading art law treatises. The article focuses on the 2006 and 2008 orphan works protection bills and their implications for visual artists.
https://www.eff.org/deeplinks/2008/05/release-orphan-works\
A website hosted by the Electronic Frontier Foundation (EFF), an international nonprofit digital rights advocacy and legal organization. Intellectual property director Corynne McSherry’s blog contains her slant on the orphan works bill.
http://www.facebook.com/group.php?gid=12158678329
A Facebook page entitled “Artists Against the Orphan Works Bill.” Information is from the American Society of Illustrator’s Partnership (ASIP), which is a reprographic royalty collecting society founded by the Illustrators Partnership of America (IPA). As copyright holders of public works, they seek to protect copyrights, establish transparent accountability, and initiate a royalty stream to the individual illustrators who have earned it.
http://www.asmp-nj.org/articles/podcasts-orphan-works.html
This podcast features American Society of Media Photographers (ASMP) general counsel Victor Perlman discussing the difference between the orphan works protection bills of 2006 and 2008, the politics behind the legislation, misconceptions about the 2008 bill, suggestions on improving the bill, and two provisions that benefit photographers.
http://www.jmg-galleries.com/blog/2008/10/09/exif-and-beyond-orphan-works-international-impact/
A podcast by professional photographer and principle of Pro-Imaging (a professional photographer’s community) Nick Dunmar, about the pending orphan works legislation that will greatly impact photographers. It is hosted by JMG Galleries and is one in a series of EXIF and Beyond podcasts which are dedicated to the forethought and afterthought and everything in between about photography.
http://www.stockartistsalliance.org/orphan-works-history
The Stock Artists Alliance (SAA) website offers a brief history of orphan works, and provides opinion about the 2006 and 2008 orphan works protection bill The SAA is the only photography trade association focused on the business of stock.
http://blogs.library.duke.edu/scholcomm/2009/07/30/orphan-works-fair-use-and-best-practices/
In this blog Duke University Library’s first Scholarly Communications Officer Kevin Smith examines the Society of American Archivists’ Statement of Best Practice on Orphan Works.
http://www.hathitrust.org/
The HathiTrust Digital Library is a very large-scale collaborative depository of digital content from research libraries including content digitized from the Google Books project and Internet Archive digitization initiatives, as well as content digitized from local libraries. The Hathi Trust is a partnership of more than 60 major research institutions and libraries worldwide, working to ensure that the cultural record is preserved and accessible long into the future.
http://scholcommbc.blogspot.com/2011/08/hirtle-on-hathitrust-and-orphan-works.html
Hosted by Scholarly Communications News@BC (Boston College), this is an interview with Peter Hirtle, who wrote the book on Copyright and Cultural Institutions. He discusses HathiTrust and the work involved in finding copyright holders of orphan works.
http://futureofmusic.org/article/fact-sheet/orphan-works
The website of the Future of Music Coalition (Education, Research and Advocacy for Musicians) is a nonprofit organization that works to ensure a diverse musical culture where artists flourish and are compensated fairly for their work, and where fans can find the music they want. This website contains a discussion of orphan works – specifically how it relates to musicians.
http://www.youtube.com/watch?v=d_TqdGVNCbI
A discussion of orphan works by Randy Taylor the CEO of StockPhotoFinder.com. This is a “how to” video for photographers who “want to level the playing field on orphan works.”
http://thedigitalstory.com/2007/07/orphan_works_and_not.html
This podcast “Orphan Works and Notes from the MS Photo Summit” is narrated by Derrick Story and hosted by The Digital Story website. Mr. Story is the managing editor for O’Reilly Network, a technology based website. He is a photojournalist and the author of numerous books about digital photography.
Resources pertaining to the 2006 and/or 2008 orphan works legislation
http://www.artistsnetwork.com/articles/business-of-art/orphan-works
ArtistsNetwork.com is a website that connects artists with ideas, inspiration and instruction. It is a division of F+W Media, Inc. The site contains the article, “Understanding the Orphan Works Controversy” written by Leonard DuBuff and Christy O. King, authors of Art Law in a Nutshell and several other leading art law treatises. The article focuses on the 2006 and 2008 orphan works protection bills and their implications for visual artists.
https://www.eff.org/deeplinks/2008/05/release-orphan-works\
A website hosted by the Electronic Frontier Foundation (EFF), an international nonprofit digital rights advocacy and legal organization. Intellectual property director Corynne McSherry’s blog contains her slant on the orphan works bill.
http://www.facebook.com/group.php?gid=12158678329
A Facebook page entitled “Artists Against the Orphan Works Bill.” Information is from the American Society of Illustrator’s Partnership (ASIP), which is a reprographic royalty collecting society founded by the Illustrators Partnership of America (IPA). As copyright holders of public works, they seek to protect copyrights, establish transparent accountability, and initiate a royalty stream to the individual illustrators who have earned it.
http://www.asmp-nj.org/articles/podcasts-orphan-works.html
This podcast features American Society of Media Photographers (ASMP) general counsel Victor Perlman discussing the difference between the orphan works protection bills of 2006 and 2008, the politics behind the legislation, misconceptions about the 2008 bill, suggestions on improving the bill, and two provisions that benefit photographers.
http://www.jmg-galleries.com/blog/2008/10/09/exif-and-beyond-orphan-works-international-impact/
A podcast by professional photographer and principle of Pro-Imaging (a professional photographer’s community) Nick Dunmar, about the pending orphan works legislation that will greatly impact photographers. It is hosted by JMG Galleries and is one in a series of EXIF and Beyond podcasts which are dedicated to the forethought and afterthought and everything in between about photography.
http://www.stockartistsalliance.org/orphan-works-history
The Stock Artists Alliance (SAA) website offers a brief history of orphan works, and provides opinion about the 2006 and 2008 orphan works protection bill The SAA is the only photography trade association focused on the business of stock.