RIDA 217 | 07-2008
Chroniques de l'étranger
Partie législative - Oeuvres "orphelines"
03 Chronique des États Unis
CHRONIQUE DES ÉTATS-UNIS
RECENT DEVELOPMENTS IN US COPYRIGHT LAW:
PART I – “ORPHAN” WORKS
Jane C. GINSBURG
Columbia University School of Law*
This is the first of two Parts of Recent Developments in US Copyright
Law since 2005. The current installment addresses legislative activity; the next installment (in the October 2008 RIDA) will analyze the case law. No new copyright legislation has been enacted since 2005. 1 Many bills have been proposed, most of them unsuccessful or unlikely of passage. 2 One initiative, however, bears examination, because it concerns a problem that has drawn attention in both the United States and the European Union. 3 Moreover, it is probable that some solution will be enacted, albeit perhaps not by the current
Congress, whose Term expires at the end of 2008. The problem concerns the exploitation of works whose authors or right holders cannot be located, more familiarly known as “orphan works.” This Chronique, after a brief review of the nature of the orphan works problem and prior attempts to resolve it in the US (I), will analyze the current bills’ provisions (II), both with respect to the limitation of remedies that constitutes the proposals’ centerpiece (A), and to the conditions required to qualify for the limitation (B). I will also (III)
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