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ALAWON Copyright Office Notice of Inquiry on Orphan Works - Input Requested Background: What do you do if you can't find the copyright holder of a work (say a photograph, article, or film clip) that you want to use in a book or a web site? In an attempt to solve this all-too common problem, the Copyright Office issued a Notice of Inquiry on January 26, 2005 (http://www.copyright.gov/fedreg/2005/70fr3739.html) soliciting advice on the problem of "orphan works"- copyrighted works whose owners are difficult or even impossible to find. This provides an important opportunity to those who are interested in using materials created since 1923 because recent legislation (most notably the Berne Convention Implementation Act of 1988 and the Sonny Bono Copyright Term Extension Act of 1998) have made the status of these materials increasingly ambiguous. Action Requested: An important element to the filings before the Copyright Office on orphan works will be information concerning the experiences that users and institutions have faced when seeking permission to use a copyrighted work. The more information that can be provided concerning difficulties you have faced in seeking permissions will bolster our arguments about the need to change the law. We would appreciate your input to the following questions prior to March 16, 2005. Comments are due on the Notice of Inquiry by March 25, 2005. Responses to the following questions may be sent to Carrie Russell (crussell@alawash.org). Please contact Carrie if you have any questions. Thank you! 1) Can you provide specific examples of difficulties that you have faced in identifying and locating copyright owners when seeking permission for copyrighted works? If possible, please include the type of work and its intended use (e.g., photograph, book, article, film clip), the amount of time taken for each search, and whether or not you were able to obtain permission for use of the work. 2) How often is identifying and locating the copyright owner a problem? 3) Are difficulties often encountered even after the copyright owner is identified? If so, please explain. Carrie Russell, Copyright Specialist American Library Association Office for Information Technology Policy 1301 Pennsylvania Avenue, NW Suite 403 Washington, DC 20004-1701 (202)628-8421 crussell@alawash.org -------------------------------------------------------------------- All LM_NET postings are protected by copyright law. To change your LM_NET status, e-mail to: listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL 3) SET LM_NET MAIL 4) SET LM_NET DIGEST * Allow for confirmation. LM_NET Help & Information: http://www.eduref.org/lm_net/ Archive: http://www.eduref.org/lm_net/archive/ EL-Announce with LM_NET Select: http://elann.biglist.com/el-announce/ LM_NET Supporters: http://www.eduref.org/lm_net/ven.html --------------------------------------------------------------------