MPAA Orphan Works Reply Comment FINAL 050905

SMITH & METALITZ LLP ERIC H. SMITH STEVEN J. METALITZ ERIC J. SCHWARTZ MARIA STRONG ------------------------- DR. MIHÁLY FICSOR MICHAEL SCHLESINGERInternational Legal Consultant RYAN M. LEHNING (Not admitted to the D.C. Bar; resident in Hungary) May 9, 2005 VIA ELECTRONIC MAIL Jule L. Sigall, Esq. Associate Register for Policy and International Affairs U.S. Copyright Office Copyright GC/I&R P.O. Box 70400 Southwest Station Washington, D.C. 20024 Re: Orphan Works Notice of Inquiry - Reply Comments: 70 Fed. Reg. 37379 (Jan. 26, 2005) Dear Mr. Sigall: I am pleased to submit the following reply comment on behalf of the Motion Picture Association of America (MPAA), as part of the Notice Of Inquiry (NOI) referenced above. This comment responds to a number of initial round comments, and elaborates upon the initial comment MPAA filed. MPAA again commends the Copyright Office for initiating this inquiry on an important topic, and appreciates the opportunity to participate. I. Introduction and Observations As an initial matter, MPAA is struck by the remarkably broad agreement reflected in nearly all the initial round comments, recognizing that the orphan works issue is one worthy of attention. Furthermore, there is surprisingly widespread agreement on a general approach to addressing the problem. Most commenters agree that for at least some works, when it’s established that their copyright owners cannot be located ...