Orphan Works comment 0629

Before the Library of Congress Copyright Office Washington, D.C. 20024 In the Matter of ) )Orphan Works ) ) COMMENTS OF PUBLIC KNOWLEDGE Mike Godwin Gigi B. Sohn Public Knowledge 1875 Connecticut Avenue, NW Suite 650 Matt Williams Washington, DC 20009 Law Clerk (202) 518-0020 March 25, 2005 SUMMARY “Orphan Works,” or copyrighted works for which an owner cannot reasonably be located, are hindering the ability of copyright law to promote creativity and the dissemination of works. Public Knowledge proposes that Congress should create a “reasonable effort” defense to copyright infringement and that Congress should consider the following suggestions when crafting such a defense: • The “reasonable effort” defense should apply to all types of creative works. • The “reasonable effort” defense should benefit all types of copyright users. • The “reasonable effort” defense should place a reasonable and predictable limit on the remedies available to copyright owners when users make unsuccessful “reasonable effort” searches. • A “reasonable effort” search should be outlined as an effort to identify and locate the copyright owner (1) in good faith, (2) using location tools and other appropriate resources related to the work at issue, and (3) that is reasonable under the totality of the ...