Pamela Samuelson, Jennifer M. Urban, David R. Hansen, Kathryn Hashimoto, and Gwen Hinze,
Solving the Orphan Works Problem for the United States, 37
Colum. J.L. & Arts
Available at: http://scholarship.law.berkeley.edu/facpubs/2338
Part I discusses the causes of the orphan works problem, empirical evidence about the size of the problem today, and the effect that orphan works have had on libraries, archives and related organizations that have digitized or wish to digitize their collections. Part II discusses the range of social benefits of enabling greater public access to orphan works. Part III describes various approaches to solving the orphan works problem, canvassing approaches both from the United States and abroad. It argues that fair use and the Copyright Office's remedy limitation approach are better solutions for the United States than alternatives proposed elsewhere. Part IV explores future-looking changes, such as the reintroduction of copyright formalities and the development of registries that would reduce the number of orphan works in the future.