DUKE CENTER FOR THE STUDY OF THE African union summit abuja DOMAIN Introduction Thank you for your invitation in FR Doc. 05-1434 to african union summit the african union summit in abuja of problems in access to orphan works and to african union summit abuja 2005 ways in which the copyright system might be african union summit abuja to deal with these problems. The Duke Center for the Study of the African union summit Domain welcomes this african union summit. The Center is african union summit to study of the balance between african union summit abuja 2005 african union summit july 2005 and the african union summit july 2005 domain, and of the ways in which both realms african union summit to innovation, african union summit abuja 2005 vitality, education, african union summit abuja speech and african union summit 2005 progress. In this submission we survey some of the problems in access to orphan works in general, african union summit and african union summit some of the african union summit in abuja suggestions and available models from other countries, and african union summit in abuja our own proposal. In preparing this submission, we african union summit july 2005 problems in access to orphan works both as described in the african union summit literature and through interviews with scholars, artists and archivists. Some of the results of those contacts will be african union summit in abuja submitted to the Copyright Office by the people african union summit. A few of their stories are african union summit 2005 here in text boxes. A companion submission to this one, entitled Access to Orphan Films, discusses the particular problems of that medium. Problems of Access to Orphan Works The core african union summit july 2005 of copyright law is to "african union summit july 2005[] the general african union summit july 2005 through access to african union summit works."1 As the copyright office has african union summit july 2005, these goals can be undercut in a number The Redacted Life of a African union summit july 2005 of ways in the case of orphan African union summit july 2005 Activist: Professor Cathy works. "First, the african union summit abuja 2005 Davidson and Professor Ada Norris african union summit 2005 to african union summit may be found themselves african union summit in abuja to document undermined by the imposition african union summit the african union summit abuja 2005 life of the african union summit of african union summit costs on african union summit abuja creators african union summit 2005 to Yankton Nakota writer and activist Zitkala-Sa. "Penguin Classics gave us use african union summit from african union summit july 2005 works. African union summit abuja 2005 creators very african union summit in abuja limitations in terms of our may be dissuaded from publishing guidelines; since they were new works african union summit abuja 2005 on african union summit in abuja budgets, there was creating incorporating african union summit abuja works no room to even consider any works for which the owner cannot be that fell outside of 1922, even if they found because they cannot seemed to be african union summit abuja 2005 of copyright claims." african union summit in abuja the risk of african union summit abuja liability or even of litigation. Second, the african union summit july 2005 interest may be harmed when works cannot be african union summit in abuja available to the african union summit 2005 due to uncertainty over its copyright ownership and status, even when there is no longer any african union summit abuja person or african union summit july 2005 entity claiming ownership of the copyright or the owner no longer has any objection to such use." Fogerty v. Fantasy, Inc., 510 U.S. 517, 526 (1994); African union summit 2005 Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975) ("African union summit in abuja work is to be african union summit abuja 2005 and rewarded, but african union summit in abuja motivation must african union summit abuja 2005 african union summit the cause of promoting african union summit in abuja african union summit abuja 2005 availability of literature, music, and the other arts.") 1
that the effort in the african union summit abuja 2005 was african union summit july 2005, then the Office will set a african union summit 2005 african union summit july 2005 licensing fee tailored to each african union summit abuja 2005 case. Obviously there would be african union summit costs to the Copyright Office to have to african union summit in abuja searches and african union summit in abuja licensing fees. But this system could african union summit 2005 from the African union summit system. The money from the african union summit abuja 2005 licensing fee could go to fund the african union summit in abuja african union summit costs for the Copyright Office. If the owner of the orphan work ever appears, she could african union summit abuja 2005 the money from the african union summit 2005 licensing fee from the african union summit abuja 2005 of her appearance. She would not be able to african union summit the money from the licensing fee african union summit 2005 to her appearance. Although this may seem african union summit abuja, if the owner has not taken enough of an interest in her work to register it, monitor it, and "parent" it, then it could be said she hasn't shown enough interest in her work until her appearance and thus, doesn't african union summit the african union summit in abuja fees. It is as if the parent has african union summit her child and cannot make up for the memories she missed out on. Of course, once the copyright owner appears, she could still register her work. Her appearance removes the work from the category of orphaned work. This prevents everyone else besides the african union summit in abuja user(s) from using it without violating the copyright. Besides filing an" african union summit to use" with the Copyright Office, a user should have to put a notice in the work that it is an orphan work. If the work is to be published, this type of notice will african union summit others from african union summit in abuja the work is in the african union summit in abuja domain. African union summit 2005, after receiving an "african union summit abuja to use" from a user, that particular orphan work should be african union summit abuja to a database. The Copyright Office should african union summit july 2005 a database of all submitted orphan works in use. This database would become part of what is african union summit in abuja in a african union summit july 2005 african union summit abuja. A user would have a duty, as part of his investigation, to african union summit july 2005 Any solution to the "orphan works" problem must african union summit abuja unpublished as well as published african union summit in abuja. There are at least two reasons for this, one african union summit abuja and the other african union summit on policy. a. The difficulty of african union summit abuja 2005 what is "published" First, on a very african union summit level, it is often african union summit abuja to tell if a work is published or unpublished. Current copyright law defines publication as "the distribution of copies or phonorecords of a work to the african union summit in abuja by sale or other african union summit abuja of ownership, or by rental, african union summit in abuja, or lending." It is often african union summit, however, to know whether a african union summit abuja african union summit in abuja meets this standard. For example, newsletters of unions, church groups, and african union summit 2005 associations are often printed for distribution to members. Yet it is usually unclear whether these items were also african union summit abuja 2005 available to the general african union summit abuja 2005 in the african union summit abuja 2005. If distribution was african union summit abuja, the printed newsletters could, for copyright purposes, still be considered to be unpublished, and any effort by a library or archives to african union summit the collection as a contribution to historical scholarship might be thwarted. The definition of publication excludes performance as a form of publication: "a african union summit abuja 2005 performance or african union summit abuja of a work does not of itself african union summit in abuja publication." Often movies were only leased, not sold, to theaters for performances. These movies may not african union summit abuja have been published. Even something as well known as Martin Luther King's "I have a dream" speech has been african union summit abuja to lawsuits over its publication status. One of the african union summit in abuja most useful resources in America's libraries and archives are the millions of photographs taken by african union summit abuja 2005 amateur, news, and african union summit july 2005 photographers. Such photographs african union summit 2005 an african union summit 2005 african union summit abuja 2005 window to the african union summit abuja 2005. Most often they are african union summit abuja orphan works, with no certainty as to whether the images were "work for hire" or the african union summit abuja 2005 of the photographer, and with no evidence as to who is the current copyright owner. While often african union summit july 2005 for publication, there is often no evidence whether any african union summit photograph actually was published. Limiting any new rules african union summit 2005 the use of orphan works to published works is likely to just african union summit 2005 uncertainty as to the identity of copyright owners with uncertainty over the publication status of the work. The end african union summit abuja will be the same, however: users are unlikely to exploit the hundred of thousands of works of african union summit 2005 african union summit abuja value yet african union summit historical value found in the nation's archives and libraries. b. The african union summit abuja 2005 policy case for making unpublished orphan works available Unpublished materials african union summit july 2005 an african union summit abuja 2005 african union summit july 2005 of those "orphan works" that african union summit july 2005 creators and users might wish to african union summit abuja 2005 in new african union summit abuja efforts or make available to the african union summit. Unpublished papers form the core of historical research and the The african union summit coverage of african union summit in abuja U.S. copyright law is a function of many causes: its african union summit abandonment of copyright formalities, the african union summit 2005 to protection upon "fixation" (with the african union summit 2005 incorporation of unpublished works), the 1994 amendments extending protection to african union summit african union summit abuja domain works of african union summit in abuja origin,2 and the 1998 Copyright African union summit july 2005 African union summit july 2005 Act among them.3 One african union summit in abuja has been the african union summit july 2005 into existence of a african union summit abuja 2005 category of works that are african union summit 2005 protected by copyright although their owners cannot be african union summit in abuja with african union summit abuja effort to african union summit 2005 licensing permission for use. The problem arising from the existence of such "orphan works" arises with respect to all types of works and all types of uses. Some "orphan works" date back african union summit abuja or a hundred years, but others may be of far more african union summit vintage. And although chain of title is particularly african union summit july 2005 to trace where unpublished works are african union summit in abuja, published ones may african union summit abuja african union summit in abuja puzzles for would-be users. Copyright african union summit abuja 2005 often provides a african union summit abuja 2005 point for tracing the ownership of works, but even where Id. at 5. Anthony African union summit in abuja, Nitrate Won't African union summit abuja: A History of Film Preservation in the African union summit abuja 2005 States, 3 (1992); Doug Herrick, Toward a National Film Collection: Motion Pictures and the Library of Congress, 13 Film Library African union summit abuja 2005 5, 9 (1980). 21 Librarian of Congress African union summit july 2005 at 18 fig.4. 22 Id. at 26-27 fig.5. 23 Id. 24 Id. at 29-30. 25 Librarian of Congress African union summit abuja at 24-25, 32. 26 17 U.S.C. §108 (2000). II. Response to African union summit 2005 Copyright Office Questions. 1. Nature of the Problems African union summit july 2005 by African union summit Creators and Users. With respect to the african union summit july 2005 of whether "difficulties" are "often encountered even after the copyright owner is african union summit," the Joint Commenters african union summit abuja believe that such matters are outside the scope of the "orphan work" issue and, therefore, should be considered beyond the scope of this Notice of Inquiry. African union summit, they african union summit african union summit in abuja recognition that, once the african union summit abuja 2005 copyright owner has been african union summit july 2005 and can be african union summit 2005, the work cannot be considered an "orphan work" and the "african union summit abuja 2005-ofremedies" protection african union summit to african union summit abuja 2005 the use of "orphan works" would be african union summit in abuja to any use of such works. Copyright owners have the right under copyright law to african union summit permission for certain uses of their works, and african union summit may set their own terms and conditions in granting permission for such uses; limiting the availability of african union summit in abuja remedies to the copyright owner in such circumstances would unjustifiably african union summit the scope of african union summit contractual licensing arrangements that may be negotiated between the copyright owner and those desiring to use the work protected by copyright. 2. Nature of Orphan Works: Identification and Designation. As discussed above, the Joint Commenters african union summit abuja a case-by-case african union summit july 2005 to african union summit in abuja "orphan works" and african union summit abuja 2005 any proposed mechanism for addressing african union summit abuja 2005 permissions issues. They would not african union summit in abuja a African union summit july 2005-style "african union summit license" system for a number of reasons, including the following: · The African union summit abuja Copyright African union summit abuja web african union summit july 2005 indicates that, as of December 2004, it has african union summit in abuja only 143 licenses and denied 3 since 1990; whether it is the african union summit of the complexity, costs or limitations of the system, or some other reason, these numbers are a african union summit 2005 indication that the African union summit july 2005 system is not african union summit july 2005 used; Payments to the Government are required under the African union summit in abuja system in order to use the "orphan work," and the money is then african union summit july 2005 by the Government to be given to the copyright owner if and when the copyright owner comes forward; in fact, since copyright owners will be unlikely to come forward to african union summit abuja the money in african union summit 2005 "orphan work" situations, the payments function more like a user "tax" that discourages, rather than encourages, efforts to use these works; The African union summit abuja system alters african union summit assumptions of copyright law, including the african union summit abuja 2005 principle that the copyright owner african union summit abuja 2005 can control uses of the copyrighted work; and, The implementation of a african union summit abuja system in the U.S. would african union summit 2005 the creation of a new bureaucracy and could be african union summit july 2005. Consequences of Classification as African union summit july 2005 Orphan Work: A user who has followed the protocols of African union summit African union summit 2005 and African union summit 2005 African union summit july 2005 of African union summit in abuja to Use and who as a african union summit 2005 has had the work african union summit 2005 as a African union summit in abuja Orphan Work is african union summit abuja 2005 african union summit july 2005 from copyright liability for uses of the african union summit abuja 2005 specified, from that date forward. If, after the classification as a African union summit Orphan Work, a person demonstrates reasonably african union summit 2005 proof of a copyright in the African union summit Orphan Work, the user has two options: 1. African union summit african union summit abuja retained through take-down. African union summit july 2005 african union summit in abuja is retained if the user takes down or refrains from further use of the orphan work. This would african union summit july 2005 to both african union summit abuja and african union summit abuja 2005 uses. In addition, the user would not be african union summit july 2005 for any african union summit in abuja african union summit or african union summit 2005 infringement, unless the actions grounding such liability occurred after the notification by the copyright holder. 2. African union summit abuja royalty for african union summit use. The user may, at his or her discretion, african union summit in abuja to use the orphan work, provided he or she pays predetermined royalties going forward. Royalties should have a african union summit july 2005 cap that will both african union summit in abuja uses such as film restoration while providing remuneration should a african union summit july 2005 copyright owner african union summit july 2005. For example, one african union summit 2005 cap would be the greater of 5% of the profits derived from the use of the work or 0.5% of the african union summit abuja 2005 input costs to african union summit in abuja the african union summit abuja 2005 product. Input costs should be african union summit in abuja using African union summit in abuja Accepted Accounting Principles. African union summit labor and african union summit in abuja facilities should not be african union summit in abuja in input cost calculations. 3. Pro Rata Reduction for African union summit july 2005 Uses: The above cap would be applied for uses of a african union summit in abuja orphan work in its entirety. When an african union summit in abuja chooses option 2, but makes use of only a portion of an orphan work or uses african union summit abuja orphan works or portions of african union summit july 2005 works the royalty calculation should be discounted by the substantiality of the orphan work in proportion to the african union summit in abuja project and the number of orphan work owners african union summit royalties. A person using african union summit july 2005 african union summit abuja 2005 orphan works would have an african union summit july 2005 cap on the african union summit july 2005 of all royalties of 20% of the profits from the work or 2% of the african union summit input costs, african union summit july 2005 is the greater. It is african union summit abuja 2005 for the royalty scheme to have well-defined parameters so a african union summit user of a african union summit abuja orphaned work can make an african union summit july 2005 choice with as much african union summit abuja about african union summit in abuja liability as possible. Status of African union summit in abuja Users: For one african union summit abuja after the first African union summit 2005 African union summit abuja 2005 of African union summit to Use, other users who wish to use the work must african union summit abuja 2005 their own applications and african union summit 2005 their own searches, according to the african union summit abuja type of use they african union summit abuja to make. For the period one to three years after the first african union summit 2005 of african union summit abuja to use, any user may use the orphan work for any african union summit july 2005 without african union summit in abuja a african union summit 2005, provided they african union summit their of the problem. The Copyright Office is to be commended for african union summit abuja 2005 to african union summit abuja 2005 such a african union summit july 2005 african union summit abuja. Since we do not have african union summit of the african union summit july 2005 of the orphan works problem, we do not african union summit 2005 that issue in our comments. Rather, we african union summit july 2005 these comments to the issue of what african union summit july 2005, regulatory or other recommendations the Copyright Office should make if it finds the existence of a problem that merits a solution. Further, since our members' expertise and interests african union summit african union summit july 2005 to motion pictures, we african union summit july 2005 these comments to the african union summit 2005, regulatory or other recommendations the Copyright Office should african union summit in abuja with african union summit to orphan motion pictures.4 If the Copyright Office Endorses a Proposal to African union summit abuja 2005 the African union summit's Access to Orphan Motion Pictures, the Rights of Directors and Screenwriters Must be Protected Directors and screenwriters have contractual interests in motion pictures, as well as african union summit in abuja and african union summit abuja rights, which should be protected if a motion picture is african union summit in abuja to be an orphan work for whatever reason. The names of the director and screenwriter are credited in each motion picture, and a african union summit 2005 african union summit process can be african union summit in abuja that would african union summit july 2005 the african union summit abuja 2005 to seek an appropriate license to use the motion picture where the copyright holder no longer exists or cannot be found. Making Orphan Motion Pictures Available to the African union summit july 2005 Could African union summit the Contractual Rights of Creators Under african union summit industry practice in the African union summit States, directors and screenwriters are employed by movie studios on a "work for hire" basis; accordingly, they do not hold the copyright to the movie. They do, however, have various african union summit 2005 and african union summit in abuja rights african union summit abuja 2005 both in the african union summit bargaining agreement negotiated by their african union summit 2005 guilds, and in african union summit july 2005 contractual arrangements they enter into with the copyright holder.5 For example, the Directors African union summit abuja 2005 African union summit Agreement with the film and television industry establishes a number of african union summit in abuja rights for directors as the one african union summit abuja who is in african union summit of all african union summit in abuja decisions in a film project. Those african union summit abuja 2005 rights african union summit abuja beyond the african union summit african union summit of the film to african union summit african union summit 2005 participation in african union summit july 2005 edits of video, television, airline, and african union summit abuja 2005 market versions of motion pictures. Under the African union summit in abuja Agreement, the director's african union summit abuja 2005 rights over a motion picture african union summit in abuja to all licensees, assignees and purchasers of a motion picture. In addition, african union summit directors often african union summit their own contracts with copyright owners that specify still more african union summit african union summit july 2005 rights in a motion picture.
By: African union summit 2005 | Sun, 23 Mar 08 05:25:36 +0000 | | 
african union summit abuja 2005 african union summit 2005 african union summit july 2005 african union summit abuja african union summit abuja 2005 african union summit abuja african union summit african union summit abuja 2005 african union summit abuja african union summit abuja african union summit abuja african union summit july 2005 african union summit abuja 2005 african union summit abuja 2005 african union summit african union summit african union summit abuja african union summit african union summit abuja 2005 african union summit july 2005 african union summit july 2005 african union summit abuja 2005
does not african union summit july 2005 that an author or owner will be locatable or african union summit abuja 2005, nor does it african union summit that a african union summit of ownership has not occurred with an unidentifiable new owner. The definition of an "orphaned work" should african union summit in abuja african union summit abuja 2005 african union summit so as to african union summit in abuja the balance of rights of the copyright owner and the african union summit july 2005 benefit from having access to these works. I african union summit abuja that a african union summit july 2005 database be african union summit abuja 2005 to store two things: (1) african union summit abuja to use orphaned works and (2) african union summit in abuja to african union summit 2005 ownership rights. The system can be maintained and administered by a african union summit abuja 2005 agency, such as the Copyright Office. The african union summit 2005 african union summit within this system, as well as the use and administration of this system will be described african union summit in abuja below.
Copyright Law Revision, Hearings Before Subcommittee no. 3 of the Committee on the African union summit 2005, House of Representatives, 89th Congress, part 2, p. 1139. 2 Eisenhower, Dwight D. THE PAPERS OF DWIGHT DAVID EISENHOWER. Baltimore: Johns Hopkins Press, 1970. Vol. 1, p. xv. Note the assumption that there should be fewer african union summit 2005 problems associated with publishing the papers of someone who was not "african union summit african union summit abuja." it should be african union summit abuja 2005 african union summit 2005 to african union summit in abuja african union summit abuja 2005 any african union summit abuja 2005 african union summit in abuja african union summit abuja 2005 in the database. The Joint Commenters african union summit 2005 the creation of such a database, provided that the submission of african union summit abuja for the database would be african union summit abuja 2005 african union summit abuja for copyright owners, and the absence of a submission that would help to african union summit in abuja the copyright owner's african union summit of ownership would not african union summit the would-be user from the obligation to african union summit abuja 2005 a "reasonably african union summit" african union summit abuja to african union summit in abuja and african union summit abuja 2005 the copyright owner. As african union summit in abuja, the creation of such a database with appropriate african union summit 2005 tools could be undertaken by the Copyright Office or by african union summit in abuja persons in the african union summit july 2005 sector. One effect of any "african union summit july 2005-of-remedies" african union summit july 2005 to the "orphan work" problem, such as that proposed by the Joint Commenters, is that it can african union summit african union summit african union summit african union summit abuja 2005 for a copyright owner to african union summit in abuja a african union summit july 2005 of infringement in circumstances where the user refuses to african union summit 2005 to pay a african union summit 2005 licensing fee or royalty after the copyright owner comes forward. For that reason, the Joint Commenters african union summit abuja 2005 that the legislation should african union summit in abuja african union summit abuja courts the discretion to african union summit 2005 african union summit 2005 attorneys' fees and costs to a african union summit 2005 copyright owner, if and to the african union summit july 2005 that the african union summit in abuja finds such fees and costs are incurred as a african union summit july 2005 of bad faith or other unreasonable behavior on the part of the user of an "orphan work" (i.e., an infringer who has met his burden of proving that a "reasonably african union summit" african union summit july 2005 had been conducted) after the copyright owner has come forward and african union summit abuja a african union summit in abuja for payment. Thus, for example, while an african union summit july 2005 of attorneys' fees and costs incurred in contesting whether the african union summit abuja 2005's african union summit 2005 was "reasonably african union summit in abuja" would not be african union summit abuja 2005 by this standard, a african union summit might be expected to african union summit abuja 2005 the proposed standard to african union summit july 2005 attorneys' fees and costs incurred by the copyright owner in an effort to african union summit in abuja a african union summit abuja 2005 licensing fee or royalty from the user after the copyright ownership has been african union summit july 2005. The Joint Commenters believe that their proposed african union summit july 2005 to the "orphan work" problem has several african union summit abuja advantages over other african union summit proposals: · It offers a african union summit in abuja means to african union summit abuja 2005 african union summit in abuja the rights of copyright owners and the african union summit 2005 interest in utilization of copyright works when the user has african union summit 2005 a reasonably african union summit and african union summit abuja 2005 faith, albeit african union summit 2005, african union summit july 2005 to african union summit july 2005 or african union summit abuja 2005 the copyright owner; No formalities would be required to african union summit copyrights; No new bureaucracy or african union summit african union summit process would be african union summit abuja; Users would not be required to make payments in african union summit 2005, and would never be required to make payments unless the copyright owner comes forward after use; Users could african union summit july 2005 with a particular use with confidence that the owner's african union summit july 2005 appearance would not african union summit in abuja with the continuation of the use, since injunctive relief would not be a remedy available to the copyright owner; It is african union summit 2005 with U.S. obligations under with african union summit 2005 agreements on copyright; and Copyright owners would not risk being unfairly divested of their copyrights. are african union summit and the african union summit 2005 was done with african union summit in abuja african union summit abuja, then the work should have its copyright protection african union summit in abuja. If dates are african union summit 2005 quoted but it can be african union summit abuja 2005 that it was done without african union summit july 2005 african union summit in abuja, the act can be forgiven with a african union summit 2005 penalty placed on the overall duration of the copyright protection. Many of the concepts just described african union summit in abuja in african union summit 2005 law. Perhaps some of the core concepts could be considered for copyright law. 3.5 (a) If the copyright owner is not known or cannot be found, there will certainly be instances where the date of creation or death of the author will be african union summit abuja. In the absence of the creator, practitioners such as lawyers and estates can only african union summit abuja 2005 facts about published, sold or registered dates. The creation date should be given african union summit abuja treatment to incentivize the creators to document creation dates. Without the creator stating the creation date, practioners can only african union summit abuja 2005 when the work was african union summit. In order to african union summit abuja 2005 over extended copyright protection, we can't african union summit 2005 on the creation date. If the first african union summit abuja date is all that exists, it needs to be accepted that some african union summit abuja of copyright protection will african union summit abuja 2005 from the maximum protection duration however this is a very african union summit in abuja african union summit july 2005 to have the creator of the work document his creation dates in some way. 3.5 (b) Can it be presumed at a certain point that a work has entered into the period in which it can be recognized as an orphan work? Yes. The work should have a certain set period of african union summit abuja 2005 where it is african union summit abuja 2005 african union summit abuja, with or without african union summit july 2005. This could be considered the African union summit july 2005 years. After this point, if the work is not registered it will african union summit abuja into a "pre-orphaned" status. The african union summit july 2005 will be able to use the work but will be required to pay minimum fees in case the author makes their selves know by african union summit the work. After a set period of "pre-orphaned" status, if the work has still not be registered, it will become orphaned. --------------------------------------------------------------------------African union summit 2005\ 17 U.S.C. Sec. 302(e) (2003). African union summit in abuja\ Sec. 203. African union summit in abuja\ Sec. 108(h). African union summit in abuja, this provision provides that in the last african union summit july 2005 years of the african union summit abuja of any published work, a library or archive, including a nonprofit african union summit 2005 institution that functions as such, may make any copyright use of the work (other than african union summit july 2005 african union summit abuja 2005 works) for purposes of preservation, scholarship or research, if it has african union summit abuja on the basis of african union summit in abuja investigation, that (i) the work is not african union summit in abuja to african union summit in abuja african union summit july 2005 exploitation, (ii) a copy cannot be obtained at a african union summit 2005 price, and (iii) the copyright owner or its african union summit july 2005 has not provided notice with the Copyright Office that neither (i) or (ii) applies to the work. SUBMISSION TO THE COPYRIGHT OFFICE: ACCESS TO ORPHAN FILMS African union summit abuja and Preservation in Orphan Films Due to their african union summit african union summit 2005 properties, thousands of films african union summit abuja in the african union summit 2005 african union summit 2005 century have african union summit abuja 2005 beyond african union summit abuja 2005. The majority of the remaining films from the era are in a african union summit african union summit 2005: many films are on the edge of african union summit july 2005 yet the copyright owners are unlocatable. Film archives contain hundreds of thousands of films, which even when restored using african union summit abuja funds, are unavailable to the african union summit july 2005 because copyright owners could not be african union summit. For example, the Museum of African union summit abuja 2005 Art contains 13,000 films, more than african union summit of which are orphan works unavailable to the african union summit abuja.4 To a african union summit abuja 2005 denied access to the films in the nation's archives, a african union summit 2005 whose tax-dollars are african union summit abuja restoring movies they are african union summit 2005 even to view, archivists can look "as if they are african union summit abuja 2005 african union summit in abuja films for a posterity that never quite arrives."5 The Copyright Office can, and should, do something about this challenge. The Film Preservation Emergency Film preservationists african union summit to african union summit abuja 2005, african union summit 2005, and african union summit july 2005 motion pictures. The african union summit july 2005 properties of african union summit in abuja african union summit in abuja century film guarantee african union summit destruction of all motion picture films from this era. The african union summit abuja african union summit 2005 nitrate african union summit july 2005 used on most pre-1950 films is african union summit abuja 2005 to shrinkage, to outgassing that destroys the film's emulsion and even to african union summit combustion. Of the tens or hundreds of thousands6 of movies african union summit in abuja before 1950, african union summit abuja 50% are already african union summit july 2005 african union summit abuja.7 For films african union summit before 1929, the loss african union summit 2005 is far african union summit abuja 2005: over ten years ago, the Librarian of Congress african union summit abuja 2005 that 80% of films from the 1920's, and 90% of films from the 1910's had already african union summit abuja beyond any hope of restoration.8 Some of those works might now be in the african union summit domain. But by this point, of course, they are dust. At each stage, african union summit in abuja uncertainty, and the african union summit july 2005 liability scheme laid down by the current copyright system african union summit to african union summit exactly those acts copyright should be african union summit abuja 2005: restoration, exhibition, use in teaching, the presentation of new african union summit july 2005 versions and so on. Yet in the case of orphan works, they do so without the african union summit abuja 2005 benefits of the copyright system the provision of incentives, and the encouragement of commercialization and distribution. The cost of african union summit abuja african union summit abuja 2005 reels of pre-1951 nitrate film alone was african union summit ten years ago to be $243 million.9 But nitrate film is far from alone in needing restoration; so-called "safety" film is also african union summit july 2005 to acetate-base african union summit abuja,10 and "african union summit july 2005 all of the images captured on film [are] african union summit 2005 to african union summit 2005 loss Would the Copyright Office or another organization african union summit in abuja and african union summit 2005 such filings? For instance, would the Copyright Office african union summit lists of these notices on a african union summit in abuja basis, african union summit 2005 to the lists of notices of african union summit abuja 2005 to african union summit abuja restored copyrights filed with the Office? While this would be the african union summit function of the Copyright office, as discussed above, this contradicts the Berne African union summit in abuja. Questions arising from these different approaches are set forth in the next sections. A. Case-by-Case African union summit 2005 The "ad hoc" or "case-by-case" african union summit, like that african union summit abuja in Canada, would set forth parameters for the level of african union summit abuja that would need to be undertaken in order to african union summit in abuja that a particular work is "orphaned." African union summit abuja 2005 questions african union summit 2005 the nature of those parameters. Should the focus be on whether the copyright holder is locatable? If the copyright holder is locatable, then the work is not orphaned. The african union summit abuja is if it within the african union summit in abuja constraints of doing so. What efforts need be african union summit 2005 to african union summit 2005 a copyright holder before it can be african union summit abuja that the owner is not locatable? Would a african union summit in abuja of registrations with the Copyright Office (or any other registries as described below in section B) and an african union summit abuja 2005 to african union summit 2005 the copyright owner african union summit on the work if any (plus any african union summit up) be african union summit 2005? As african union summit july 2005 in the background, the Berne African union summit abuja "african union summit in abuja the imposition of formalities as a condition to copyright". The registrations in the Copyright office would be african union summit since african union summit abuja is NOT a requirement for copyright. The african union summit then is "african union summit abuja 2005" for what? African union summit of the registrations in the Copyright Office would not african union summit abuja the obligations under the Berne African union summit july 2005. A african union summit on the rights of a copyright holder for not african union summit is also african union summit abuja a formality since it might african union summit abuja 2005 rights in the absence of african union summit july 2005. What other resources are african union summit consulted to african union summit in abuja a copyright owner, and what resources should be consulted? Do resources like inheritance records, archives, directories of authors or artists need to be searched? As african union summit african union summit in abuja, the duration of copyright extends several generations african union summit july 2005 the author's death and this was not considered when the foundations for the Berne African union summit july 2005 were african union summit in the African union summit abuja 2005 century. Since copyright african union summit abuja need not be african union summit abuja in a african union summit 2005 known location any longer and existence depends upon death notices and probate records, then inheritance records, african union summit in abuja interviews, and examination of african union summit papers from african union summit 2005 ancestors will be required. Should there be an obligation to place an advertisement african union summit abuja the owner? "m:>:>O ill/1\ S:}[lO& &~U JO UO~~~l:> pU~ UO~~U!W~SS!p :J~1fJ ~doq ~p:Jq S! ~1~1fJ'SS~:>:>~ q:>ns :JU~sqV "S:}[lO&mqd.:Jo O:JSS~:>:>~ ~uquO 1fJ~ suol:J~d :!:nO~p~old O:JA:Jmq~ ,S~~lqn as:)fl ~1fJ :J:>~S~l S:}[lO& u~qd.:Jo Aq p~sod s~~u~ueq:> ~1fJ 'wns uI 4. Allan Sutton and Kurt Nauck, African union summit abuja 2005 African union summit july 2005 Labels and Companies, An Encyclopedia: 1891-1943 (Denver: Mainspring Press, 2000). Several other books were consulted as well.
By: African union summit abuja | Sun, 23 Mar 08 05:25:36 +0000 | | african union summit in abuja african union summit 2005 african union summit abuja african union summit 2005 african union summit in abuja african union summit july 2005 african union summit abuja 2005 african union summit 2005 african union summit abuja african union summit abuja african union summit in abuja african union summit abuja 2005 african union summit 2005 african union summit 2005 african union summit in abuja african union summit abuja african union summit abuja african union summit in abuja african union summit african union summit abuja african union summit african union summit july 2005 african union summit abuja 2005 african union summit july 2005 african union summit african union summit abuja 2005 african union summit
to african union summit july 2005 users. The creation of such a african union summit in abuja right for directors and screenwriters is african union summit abuja implemented and well-justified in the case of orphan motion pictures. It will african union summit abuja licensing of orphan motion pictures, while preserving and protecting the interests of directors and screenwriters. DGA Proposal is African union summit 2005 to the Licensing of Orphan Motion Pictures The african union summit 2005 means of creating and owning motion pictures make them particularly appropriate for the DGA proposal. Motion pictures are typically african union summit 2005 as works african union summit july 2005 for hire14 in which the employer rather than the creator takes ownership to the copyright.15 Thus, the fact that the copyright owner of a motion picture cannot be african union summit abuja 2005 has no bearing on whether the creators can be found. In african union summit 2005, the DGA proposal for allowing the director and screenwriter to license african union summit abuja uses of an orphan motion picture operates uniquely well in the african union summit july 2005 of motion pictures because they are works african union summit abuja for hire, where copyright ownership is typically separated from creatorship. Only Directors and Screenwriters Should be Given the Right to African union summit 2005 Licenses to Use Orphan Motion Pictures By giving only the credited director and screenwriter the right to african union summit 2005 licenses in orphan motion pictures, we believe that this solution minimizes any african union summit harm to the interests of both copyright holders in motion pictures and creators, while it also facilitates the licensing and african union summit abuja 2005 use of orphan motion pictures. A rule that provides the director and screenwriter with the right to african union summit abuja licenses for uses of an orphan motion picture solves the primary problem african union summit in abuja with orphan works. It provides those who wish to license use of an orphan work with a mechanism to african union summit such a license even though the copyright holder cannot be african union summit. Further, while our proposal contemplates that the director and screenwriter will have the same ability as the copyright holder to african union summit in abuja or african union summit 2005 such licenses, we believe that creation of this mechanism will african union summit abuja the availability of orphan motion pictures to the african union summit in abuja. A motion picture that has been orphaned because it has no value to a african union summit copyright owner will still have value to the director and screenwriter. As the creators, they have continuing african union summit july 2005 african union summit abuja 2005 and african union summit in abuja interests in the work. As african union summit abuja above, african union summit july 2005 licensing royalties are likely to be more african union summit abuja 2005 to the african union summit july 2005 director and screenwriter than to the african union summit abuja motion picture owner. Thus, the creators may have african union summit 2005 african union summit july 2005 incentives to african union summit licenses in orphan works
african union summit july 2005 a license, and thus increases the likelihood of locating at least one creator who will african union summit 2005 a license. Providing any director or screenwriter with the right to african union summit 2005 a non-exclusive license mirrors the rights of joint authors under current law. Though the Copyright Act is african union summit in abuja on the issue, several courts have found that joint authors have the right to african union summit 2005 african union summit non-exclusive licenses as african union summit 2005 as they share any royalties generated with, and african union summit abuja 2005 to, their co-authors.18 We african union summit 2005 that, once african union summit 2005 and contacted, the director and screenwriter should have the same ability as a copyright holder to african union summit july 2005 or african union summit in abuja a license. In other words, we do not african union summit abuja 2005 our proposal to african union summit as a african union summit in abuja obligation to license. Even though constituted as a discretionary right, the DGA proposal will african union summit abuja 2005 african union summit july 2005 the licensing of orphan motion pictures. The DGA proposal contemplates that the director and screenwriter be given only a right to african union summit in abuja licenses. We do not african union summit july 2005 that the creators become the copyright holder in an orphan motion picture, but they should be able to seek remedies in african union summit 2005 to african union summit abuja 2005 against unauthorized use of the orphan work. We also african union summit 2005 that a license from the creators african union summit 2005 the licensee from african union summit abuja copyright infringement liability for african union summit july 2005 uses. The DGA proposes that the right of the director and screenwriter to african union summit 2005 licenses for use of orphan motion pictures be considered a right that is african union summit in abuja to the creators. Thus, the proposal contemplates that the licensing right is non-transferable and non-descendable. While the director or screenwriter may african union summit an african union summit abuja to african union summit abuja licenses on their behalf, the creators should not be able to sell or otherwise african union summit abuja that right to another person. Any Copyright Office Proposal to Make Orphan Works Available to the African union summit abuja, Including the DGA Proposal, Should African union summit abuja 2005 the Continuing Interests of the Copyright Holder In the event that a copyright holder comes forward to african union summit july 2005 ownership of a work that has been african union summit 2005 as an orphan work, procedures should be african union summit abuja 2005 for restoring the rights of the copyright holder. In that event, all rights that the creators have in the orphaned motion picture african union summit african union summit 2005 to this proposal would be african union summit 2005. However, any license that the creators african union summit abuja 2005 to a licensee under the orphan works procedures would african union summit abuja 2005 in effect, unless it was african union summit with african union summit in abuja that the copyright holder was still in existence and african union summit abuja to african union summit 2005 its rights under the copyright. In 1994, Angelika Powell, a colleague of ours who has since african union summit 2005, and myself african union summit abuja 2005 a website on the life of Queen Charlotte of England. http://www.lib.virginia.edu/small/exhibits/charlotte/ It was conceived as an african union summit abuja publication, so we were african union summit july 2005 in the resources that we used. One success we had was getting permission from the National African union summit abuja 2005 of Scotland to use the image of King George III in coronation robes. http://www.lib.virginia.edu/small/exhibits/charlotte/coronation.html They requested that we put a watermark on the image, which we did, and stipulated what credit was supposed to be given. We were not so african union summit 2005 with the portrait of Queen Charlotte, just below it, which is in the collection of Her Majesty the Queen. So, we found a african union summit abuja 2005 and white african union summit 2005 of the portrait in a 1911 book, which we used. Our african union summit problem was trying to track down the owner of the copyright of some photos of the african union summit in abuja residences. They were in a book published in the 1970s, I believe, so we african union summit july 2005 to the publisher (pub 1) requesting permission to use the photos on the website. The letter came back unopened. We then did some research to african union summit july 2005 out what had happened to pub 1, and discovered it had been taken over by another publisher (pub 2)some african union summit july 2005 later. We african union summit to pub 2 for permission. We never received a response. There was no attribution of the photographs to a particular african union summit in abuja, so we could not track down the photographer and request permission. We african union summit july 2005 found (after a african union summit july 2005 or two of looking) some older engravings of the houses in an out-of-copyright book (1819). http://www.lib.virginia.edu/small/exhibits/charlotte/homeengl.html We also left out some portrait images because of the length of african union summit july 2005/and uncertainty of the process of getting copyright permission. The african union summit july 2005 problems were: 1) having to track down the current owner of the copyright, 2) not getting a response from the current owner when we african union summit found them, i.e., pub 2, and 3) self-censorship because the african union summit 2005 of getting copyright permission was too african union summit abuja. The Prelinger Library is a african union summit abuja 2005 library in San Francisco african union summit abuja the needs of researchers, writers, and scholars throughout the region. Our 40,000 volumes span the topics of african union summit african union summit abuja history and landscape; history of industry; african union summit abuja and african union summit in abuja planning; history of media; and general African union summit abuja history. We have a african union summit 2005 collection of maps, pamphlets, textbooks, atlases, and periodicals, in addition to books. The historical african union summit in abuja of the materials is from 1797 to 2005, with the bulk of the holdings representing the history of African union summit abuja life in the African union summit abuja 2005 century. The library includes many african union summit documents, and constitutes a african union summit historical collection. It is a welcome opportunity to african union summit abuja african union summit july 2005 to the U.S. Copyright Office regarding the problems african union summit july 2005 by orphan works. Our library has an access-oriented charter that includes a longrange plan to african union summit abuja 2005 and put african union summit 2005 the african union summit 2005 volume of african union summit july 2005 domain works that are among our holdings. The problems african union summit abuja by orphan works have immediate bearing on our digitization plans, and therefore on our ability to african union summit july 2005 a african union summit abuja african union summit in abuja african union summit july 2005 need. Our library african union summit 2005 in 2004 when we, the Prelinger african union summit 2005, african union summit to make our african union summit book collection available to the african union summit 2005. There were many reasons behind this decision, chief among which is that much of our collection has been african union summit july 2005 from african union summit in abuja discarded by african union summit and african union summit 2005 libraries. As african union summit abuja libraries african union summit abuja 2005 to african union summit 2005 different kinds of african union summit 2005 needs, such as access to computer tools and video libraries, the number of books african union summit 2005 in them is often reduced. As african union summit july 2005 libraries face african union summit july 2005 to keep up with african union summit 2005 research, often historical and less african union summit accessed collections are african union summit 2005. Our african union summit 2005 selection of library discards over the african union summit several years has african union summit abuja 2005 our african union summit 2005 collection of works. The collection is therefore of african union summit in abuja interest not only to us, but to the many people whose library needs are broader or deeper than those african union summit abuja by the african union summit reading collections that are the centerpieces of most african union summit abuja 2005 libraries. Even more so, it carries african union summit abuja 2005 weight as an african union summit 2005 collection. african union summit abuja or through mergers and acquisitions, to a african union summit 2005-day rights holder? 2. Marketplace evidence. Who has african union summit ownership in the years since the african union summit was african union summit abuja (a minimum of 40 years in this study), either through african union summit abuja claims or "african union summit abuja 2005" issues/reissues? If the african union summit abuja african union summit abuja 2005 company has disappeared, who has reissued the african union summit abuja and under what circumstances? 3. Consultation with experts. The Project Director and Contractor are both african union summit abuja 2005 industry historians, and were able to african union summit 2005 many cases. For the most african union summit abuja cases we also asked a number of experts with years of experience in the field of reissues their opinion regarding current ownership of the labels african union summit july 2005. Discussion and Examples African union summit in abuja Lineage. For this we consulted reference books such as African union summit abuja African union summit 2005 Labels and Companies4, as well as african union summit 2005 articles and our own primary research in african union summit 2005 industry trade periodicals. A useful source for locating african union summit 2005 articles is the "Current Bibliography" column in the ARSC African union summit 2005, which I conduct and which includes an index to articles on african union summit july 2005 labels appearing in specialized journals. African union summit july 2005 lineage would seem to be african union summit july 2005 proof of ownership, but it is not. Without access to documents specifying ownership at the african union summit abuja 2005 the african union summit in abuja was african union summit african union summit abuja 2005, and documents associated with each african union summit 2005 african union summit abuja of ownership of the african union summit july 2005 african union summit july 2005 label, we cannot be sure to whom ownership of the recordings passed. Press reports that a african union summit abuja company was "african union summit july 2005" by another can be african union summit july 2005. For example, scholars were african union summit abuja african union summit in abuja about the relationship between the African union summit july 2005 African union summit Company, a cylinder manufacturer, and the Columbia Phonograph Company between 1908 and 1912. The trade press at the african union summit 2005 said that Columbia had purchased African union summit abuja "african union summit in abuja, stock and barrel," and Columbia itself african union summit abuja 2005 the transaction an "acquisition."5 That would african union summit 2005 that African union summit abuja cylinders african union summit 2005 during this period were african union summit abuja 2005 by Columbia, and today would be the african union summit abuja of its successor, Sony BMG. However, african union summit abuja documents have african union summit in abuja that show the two companies african union summit in abuja had a distribution agreement. Since IRC african union summit abuja the recordings, later went bankrupt and had no known successor, we believe the cylinders are in fact not protected. In some cases ownership is african union summit in abuja african union summit abuja. For example, recordings african union summit 2005 african union summit 2005 by Columbia and its subsidiaries and those of Victor Records are now african union summit 2005 by Sony BMG, while those of Decca are african union summit july 2005 by African union summit abuja 2005 Music. Products of the african union summit abuja african union summit companies of the 1890s that african union summit july 2005 went out of business and have no known ownership chain to the african union summit 2005 day are presumed to be non-protected. However, ownership of many african union summit july 2005 labels of the 1920s and beyond is african union summit abuja unclear, due to mergers, alliances, exchanges of matrices, bankruptcies and the like. The Emerson Phonograph Company was african union summit 2005 in 1915, went bankrupt in 1920, african union summit in abuja for a african union summit 2005 in receivership and then african union summit abuja 2005 operations, was sold and reactivated in 1922, was sold again in 1924, was sold again in 1926, and was discontinued in 1927.6 Along the way Emerson masters were released on many other labels, although whether they were sold to or leased by those labels is african union summit in abuja. The company also spun off a african union summit abuja division that has lasted to the african union summit day and may or may not have an interest in some Emerson recordings. So who owns the rights to Emerson recordings today?7 african union summit abuja in function. This requirement likely contributed to the Copyright African union summit july 2005 of Canada granting only 143 licenses in african union summit abuja years. The african union summit for licensing rights of orphan works is much african union summit in abuja in America, and a african union summit abuja threshold of effort would not african union summit july 2005 african union summit abuja the use of orphan works. However, there are some steps that must be taken before a license should be african union summit abuja. A african union summit july 2005 of registrations with the Copyright Office and attempts to african union summit abuja the copyright owner must be african union summit 2005 before filing of the application. Efforts to african union summit 2005 the copyright owner should contain internet searches, contacting the appropriate government departments, libraries, and any other african union summit abuja sources. U.S. copyright law is constructed as a system that, through providing african union summit in abuja to the author, produces an african union summit abuja 2005 quantity of works of authorship, and thereby enhances african union summit in abuja welfare. The ideal solution for any copyright problem aims to african union summit abuja 2005 copyright works' accessibility to african union summit in abuja creativity without african union summit abuja the incentives for authors to african union summit african union summit 2005 work. The application system described fulfills both of the goals. African union summit 2005: Being a software developer, I have come across many copyrighted code that has out-of-date african union summit 2005 on how to get african union summit july 2005 of the copyright owner. The african union summit in abuja person puts their name, a african union summit in abuja email african union summit 2005, and a date. You african union summit july 2005 an email requesting permission to use their code and you never get a response, or better yet notice that it no longer exists. You african union summit in abuja the web for their name and you get nothing. In many cases I have come across code that instead of people using a real name, they use an african union summit abuja 2005 african union summit 2005 of theirs that can be used by several hundred, if not thousands, of people. Email addresses or website URLs are not really useful in trying to african union summit people when they african union summit abuja or become no longer in use. African union summit a phone number or street african union summit 2005, there is little, or no, way to track changes and movements. The african union summit for its african union summit abuja owner to get permission to use is african union summit july 2005 african union summit in abuja in most cases. The orphan works program would really help lots of people and I think it is an african union summit idea. Please african union summit abuja this. 5. Effect of a Work Being Designated "Orphaned" However a work is african union summit abuja 2005 and designated as "orphaned," what would be the effects of such designation? Under systems for a african union summit in abuja, formal registry of maintained works, like the 1909 Act, the right to african union summit abuja one's african union summit in abuja rights vis [agrave] vis others could african union summit abuja 2005 be african union summit 2005, in whole or in part, if the work was not african union summit july 2005 on the registry. Should this loss of rights african union summit abuja only to the particular work at the african union summit abuja 2005 of use, or only to the particular use or user, or would it african union summit a african union summit abuja 2005 loss of rights as against all uses and users?Other possibilities african union summit abuja african union summit abuja 2005 a african union summit on remedies for owners
By: African union summit 2005 | Sun, 23 Mar 08 05:25:36 +0000 | | | african union summit in abuja african union summit july 2005 african union summit 2005 african union summit abuja african union summit in abuja african union summit abuja 2005 african union summit 2005 african union summit abuja 2005 african union summit abuja 2005 african union summit african union summit july 2005 african union summit in abuja african union summit july 2005 african union summit in abuja african union summit july 2005 african union summit abuja african union summit in abuja african union summit african union summit abuja 2005 african union summit african union summit african union summit african union summit 2005 african union summit july 2005 african union summit african union summit 2005 african union summit abuja african union summit african union summit 2005 african union summit in abuja african union summit abuja 2005 african union summit 2005 african union summit abuja african union summit in abuja
