AAP on the Hill / Issues: Copyright

March 24, 2005

AAP Files Joint Comments on "Orphan Works" Issue

In response to a Notice of Inquiry published by the U.S. Copyright Office, seeking public comments on ways to handle the problem of "orphan works," (works whose copyright owners cannot be located by third parties seeking permission to use them), AAP joined with the Association of American University Presses (AAUP) and the Software and Information Industry Association (SIIA) in filing comments on March 24. Reflecting the interests of the three groups as both users and owners of copyrighted works, the comments recommend "fine tuning" current U.S. copyright law to limit the liability of the user of an orphan work if, after a "reasonably diligent" search fails to reveal the identity or location of the owner, the owner comes forward after the use has begun. Under such circumstances, the owner would be entitled to a "reasonable licensing fee or royalty" (as determined by market practices), but not to statutory damages, the user's profits, or injunctive relief. The complete text of the joint comments can be accessed through the link below.

For more information contact:

Allan Adler Ph: 202-220-4544
Email: adler@publishers.org