Medical Library Association | Public Policy : Orphan Works

Advocacy & Policy

Orphan Works

Orphan works are generally defined as copyrighted works where the author or owner of the work cannot be identified or located.

Copyright Office Report on Orphan Works (January 2006)
Library Association Comments on Copyright Office Inquiry on Orphan Works, March 25, 2005;
Library Association Reply Comments on Copyright Office Inquiry on Orphan Works, May 9, 2005;
Copyright Office Roundtable Discussion on Orphan Works, University of CA, Berkeley, August 2, 2005;
Library Association Testimony Requesting on Orphan Works before US House Subcommittee on Courts, the Internet, and Intellectual Property, March 8, 2006;

Related Legislation

Library Copyright Alliance letter to Senator Leahy (D-VT) and Senator Hatch (R-UT) regarding provisions of the Shawn Bentley Orphan Works Act of 2008, S. 2913, June 17, 2008

H.R. 4279, "Prioritizing Resources and Organization for Intellectual Property Act of 2007 (PRO IP)

The PRO IP Act proposes to weaken the long-established one work rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under current law, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components.

Joint library association letter to Rep. Berman (D-CA) and Coble (R-NC) stating that section 104 of PRO IP Act would exacerbate the orphan works problem, December 12, 2007;
Joint library association comments on "The Threat Posed by Inflated Statutory Damages" re: PRO IP Act, January 25, 2008;
Joint library association letter to Rep. Berman and Coble thanking them for the hearing on orphan works, March 12, 2008;
Joint library association letter to Rep. Berman and Coble requesting a hearing on statutory damages and orphan works, March 5, 2008;