SUMMARY: The Copyright Office seeks to examine the issues raised by 'orphan works,' i.e., copyrighted works whose owners are difficult or even impossible to locate. Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public. This notice requests written comments from all interested parties. Specifically, the Office is seeking comments on whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders.The implementation of the Berne Convention in relation to intellectual property by the US government meant that it was no longer a requirement for a work to be registered in order to receive copyright protection. This resulted in many works where the details of authorship or even date of publication are unknown becoming trapped in a limbo state where they are being protected without anyone benefiting from that protection.
This is a bold step by the copyright office to address an issue that has been raised by advocates of copyright reform such as Lawrence Lessig.
