joegratz.net

I’m at the Copyright Office Comes to California program in San Jose. This post represents my impressions of the proceedings, not a direct quote or transcript. My comments are in square brackets. This is a copyright-wonk sort of event, so let me know in the comments if there’s something you’re interested in and don’t understand.

Maria Pallante, Deputy General Counsel, is up to talk about orphan works.

Orphan Works are works for which the copyright holder cannot be located.

[She discusses the history of the process, starting with the January 2005 congressional request for an inquiry and proceeding through NOI, comments, and the Office's report.]

[She summarizes the Copyright Office's recommendations and the Orphan Works bill.]

Almost everyone in the content industry liked the proposal, with the major exception of photographers and graphic artists, on whose works identifying information is not frequently present. They also said that this would increase the cost of enforcement.

Lamar Smith sponsored closed negotiations for four or five weeks before introducing the bill.

The 2006 bill was a bit different from the Office recommendation.

Now, in the 110th Congress, a bill will be forthcoming in the Senate in March or April of 2007. Similar but not identical to the House bill.

Continued points of interest:

• Reasonably diligent search — how to make it meaningful?
• How to define best practices
• Effective date
• Small claims study
• Limits on injunctive relief