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Future Of Music Coalition Advances Artist Rights In Proposed Copyright Reforms
Orphan works are those whose rightful owner cannot be located. For a decade, policymakers have wrestled with a solution that allows for increased access to cultural expression while respecting the rights of copyright owners. FMC supports legislation to address the issue, and has provided the US Copyright Office with specific ways to include creators in their recommendations. According to FMC Deputy Director Casey Rae, "Previous legislation made an attempt to balance the interests of original copyright owners and new users but failed to include the original artist in any of its provisions. It's unacceptable that the original creators would have no decision-making power or the ability to receive compensation if the copyright owner has disappeared. Our proposal would create a workable solution for all parties." Under FMC's proposal, remedies available to the author/performer would include: 1. Attribution. Many artists whose music is used in new expressions desire recognition for their creative work. 2. Compensation. Prior legislative attempts to solve Orphan Works required new users to undertake a qualifying search for the copyright owner, and if located, negotiate payment for the use. Unfortunately, there would be no obligation to pay the artist, even if their identity is known. Our proposal would create the opportunity for the original author/performer to negotiate payment with a new user. 3. Refusal of use. If the new work isn't sufficiently transformative, the author/performer would be able to prevent the new use. Frequently, an artist will forbid certain uses of their work - such as advertising - in their contract with a label or publisher. These wishes should be respected even when the copyright owner is not locatable.
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