Orphan Works comment 0630

Comments of the Library of Congress In Response to the Copyright Office Notice of Inquiry “Orphan Works” Submitted March 25, 2005 The Library of Congress welcomes this opportunity to address the very important and complicated issues regarding “orphan works.” The Copyright Office’s Notice of Inquiry is a well-articulated description of the problems associated with such works and the reasons that 1those problems have been increasing. These problems have been recurring ones for the Library. The Library thus offers this comment in its role as an institution charged with the collection, preservation, and service of the nation’s cultural heritage. The comment provides examples of the Library’s experience dealing with “orphan works.” The comment does not necessarily reflect the views of the Copyright Office. The Library hopes for a solution that balances the interests of rights holders and users. As explained herein, the Library would like any definition of “orphan works” to focus on whether the owners of copyright-protected works can reasonably be located. Any definition should consider including unpublished works and works of any age. The solution should consider offering some recognition of good faith efforts to locate copyright owners and should consider e safe harbors for users where those efforts have demonstrably been made and failed. I. About the Library The Library is the nation’s oldest federal cultural institution. It ...