Orphan Works & Mass Digitization: Obstacles and Opportunities
Given the failure of the Google Book settlement and the newly proposed orphan works directive in the EU, the time is ripe for renewed consideration about how best to solve the orphan works problem.
Among the kinds of questions that may be addressed in the symposium are: Is legislation necessary to achieve a solution to the orphan works problem, or can fair use achieve some of the goal? Should orphan works legislation be aimed at creating an exception for reuses of orphan works, or should reusers of orphan works only be subject to more limited remedies if a rights holder later shows up? What other solutions should be considered? To what extent is ambiguity about who as between authors and publishers own ebook rights contributing to the orphan work problem? What factors should be considered in determining what constitutes "a diligent search"? Should every potential user of an orphan work have to do such a search, or can users rely on searches conducted by others?