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DiMA Urges Copyright Office To Promote Legislative Solution To Orphan Works Uncertainty
The Digital Media Association submitted comments today in response to the Copyright Office's Notice of Inquiry ("NOI") concerning the U.S. Government's approach to dealing with copyrighted material for which an owner is not readily located or identifiable ('orphan works'). In its comments, DiMA outlined the challenge that uncertainty around orphan works poses for its member companies, and urged the Copyright Office to encourage a legislative solution:
Excerpts from DiMA comments: "Orphan works present a very real concern, one which stifles technological advancement, limits consumer choices and slows overall economic growth - for both copyright owners and users, alike. Orphan works frustrate the fundamental, balanced approach that is the explicit goal of our copyright system; to balance the creative and economic interests of copyright producers with the public interest in access to those created works."
"A comprehensive approach to the orphan works problem, including the establishment of guidelines for a "reasonable" or "duly diligent" search for a copyright owner and reasonable remedies in the case of copyright owners being identified after use commences, will be a benefit to everyone: copyright owners, subsequent creators, the public, the Library of Congress and the Copyright Office, public libraries, innovators (both public and private) and certainly the American economy."
"It is clear that the only likely solution, and certainly the best and most comprehensive solution, will come from legislation on a national level."
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