Thanks Larry This is interesting indeed. This is so unusual that I have to ask: what is the political context that has given rise to such a proposal that would make copyright law more sane, where usually all lobbying effort is towards more and longer restrictions?
henrik On Thu, Dec 3, 2015 at 8:56 PM, Lawrence Rosen <[email protected]> wrote: > For those who don't want to read the entire report, below is a summary of > draft U.S. copyright legislation, 17 U.S.C. Sec. 514, "Limitation on > remedies in cases involving orphan works." > > > > The orphan works problem is referred to as "perhaps the single greatest > impediment to creating new works." Anyone using an orphan work does so under > a cloud, as there is always the possibility that the copyright owner could > emerge after use has commenced and seek substantial infringement damages, an > injunction, and/or attorneys' fees. A user's ability to seek permission or > to negotiate licensing terms is compromised by the fact that, despite his or > her diligent efforts, the user cannot identify or locate the copyright > owner. > > > > This legislation proposed by the U.S. Copyright Office can have significant > impacts on both U.S. and worldwide copyright practices for literary works – > including software and open source. > > > > /Larry > > > > ****************** > > > > · Establish a limitation on remedies for copyright infringement for > eligible users who can prove they have engaged in a good faith diligent > search for the owner of a copyright and have been unable to identify or > locate him or her; > > > > · Define a diligent search as, at a minimum, searching Copyright > Office records; searching sources of copyright authorship, ownership, and > licensing; using technology tools; and using databases, all as reasonable > and appropriate under the circumstances; > > > > · Require the Copyright Office to maintain and update Recommended > Practices for diligent searches for various categories of works, through > public consultation with interested stakeholders; > > > > · Permit a U.S. court, in its determination of whether a particular > search qualifies under statute, to take into account a foreign > jurisdiction's certification that a search was in good faith and > sufficiently diligent, provided the foreign jurisdiction provides similar > treatment to qualifying U.S. searches; > > > > · In addition to a diligent search, condition eligibility on a user > filing of a Notice of Use with the Copyright Office, providing appropriate > attribution, and engaging in negotiation for reasonable compensation with > copyright owners who file a Notice of Claim of Infringement, among other > requirements; > > > > · Limit monetary relief for infringement of an orphan work by an > eligible user to "reasonable compensation" – the amount that a willing buyer > and a willing seller would have agreed upon immediately before the use > began; > > > > · Bar monetary relief for infringements of orphan works by eligible > nonprofit educational institutions, museums, libraries, archives, or public > broadcasters, for noncommercial educational, religious, or charitable > purposes, provided the eligible entity promptly ceases the infringing use; > > > > · Condition injunctive relief for infringement of orphan works by > accounting for any harm the relief would cause the infringer due to its > reliance on its eligibility for limitations on remedies; > > > > · Limit the scope of injunctions against the infringement of an orphan > work if it is combined with "significant original expression" into a new > work, provided the infringer pays reasonable compensation for past and > future uses and provides attribution; > > > > · Allow a court to impose injunctive relief for the interpolation of > an orphan work into a new derivative work, provided the harm to the > owner-author is reputational in nature and not otherwise compensable; > > > > · Condition the ability of state actors to enjoy limitations on > injunctive relief upon their payment of any agreed-upon or court-ordered > reasonable compensation; and > > > > · Explicitly preserve the ability of users to assert fair use for uses > of orphan works. > > > > "Orphan Works and Mass Digitization": > http://copyright.gov/orphan/reports/orphan-works2015.pdf > > > _______________________________________________ > License-discuss mailing list > [email protected] > https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss > -- [email protected] +358-40-5697354 skype: henrik.ingo irc: hingo www.openlife.cc My LinkedIn profile: http://fi.linkedin.com/pub/henrik-ingo/3/232/8a7 _______________________________________________ License-discuss mailing list [email protected] https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss
