Kernochan Center for Law, Media and the Arts
This Comment, after a brief review of the nature of the orphan works problem and prior attempts to resolve it in the US, will analyze the current bills' provisions, both with respect to the limitation of remedies that constitutes the proposals' centerpiece, and to the conditions required to qualify for the limitation. I will also compare the US proposals with current European initiatives, and will assess the compatibility of the US proposals with international treaty norms, as well as the cross-border consequences of inconsistent US and EU orphan works regimes. I will conclude with some suggestions for amending the US proposals to enhance their international compatibility and to reconcile the interests of users more fully with those of the works' creators.
Jane C. Ginsburg,
Recent Developments in US Copyright Law: Part I - "Orphan" Works,
Revue Internationale du Droit d'Auteur, Vol. 217, p. 99, 2008; Columbia Public Law Research Paper No. 08-183
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1543