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Orphan Works

Authors Guild v. Hathi Trust Amicus Brief

In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.

pdf amicus-hathi-trust-20apr12.pdf

 
 

Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws

On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)

pdf golan_summary_06feb12.pdf

 
   

Resource Packet on Orphan Works: Legal and Policy Issues for Research Libraries

There is long-standing interest in identifying orphan works, books that are subject to copyright but whose copyright holders cannot be identified or contacted. Orphan works comprise a significant percentage of ARL collections, and there is deep interest in making these works discoverable and more accessible. Recently, the University of Michigan announced the initiation of the Orphan Works Project. The focus of the project is on US digitized books held by HathiTrust, a partnership of major research institutions and libraries working to ensure that the cultural record is preserved and accessible long into the future.

pdf resource_orphanworks_13sept11.pdf

 
 

Library Copyright Alliance Statement on Copyright Reform

In the wake of Judge Chin's rejection of the Google Books Settlement, there has been a renewed interest in legislative solutions to a variety of copyright issues affecting libraries, including those implicating the mass digitization of books, the use of orphan works, and the modernization of 17 U.S.C. §108 (particularly preservation). The Library Copyright Alliance, comprised of the American Library Association (ALA), the Association of College and Research Libraries (ACRL), and the Association of Research Libraries (ARL), has several general comments on possible efforts to address these issues via legislation.

pdf lca_copyrightreformstatement_16may11.pdf

 
 

Letter to Patrick J. Leahy and Orrin Hatch re: Shawn Bentley Orphan Works Act of 2008, S. 2913 (May 1, 2008)

Letter from the Library Copyright Alliance regarding S. 2913, which limits remedies in copyright infringement cases involving orphan works.

pdf lca-senate-dark-archive-s-2913-01may08.pdf

 
 

Letter to Patrick J. Leahy and Orrin Hatch re: Shawn Bentley Orphan Works Act of 2008, S. 2913 (Jun. 17, 2008)

Library Copyright Alliance letter to Patrick Leahy and Orrin Hatch expressing appreciation for continued leadership on S. 2913, which limits remedies in copyright infringement cases involving orphan works.

pdf lca-senate-orphan-works-s-2913-17june08.pdf

 
 

Orphan Works Legislation

The orphan works legislation is intended to enable someone, after conducting a "qualifying search" for the owner, to use an orphan work--a copyrighted work whose owner cannot be located.

pdf owlegislation.pdf

 
 

Letter to Howard L. Berman and Howard Coble re: H.R. 5889 (May 5, 2008)

Letter from the Library Copyright Alliance expressing appreciation for the introduction of H.R. 5889, which limits remedies in copyright infringement cases involving orphan works.

pdf lt-berman-coble-hr5889-05may08.pdf

 
 

Letter to Howard L. Berman and Howard Coble re: Orphan Works Hearing (Mar. 12, 2008)

Library Copyright Alliance letter expressing gratitude to the Subcommittee for holding a hearing on orphan works—the LCA's top legislative priority.

pdf lca-orphanworkshearing-12march2008.pdf

 
 
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