Topic > Orphan works: perspectives from three organizations

The issue of orphan works has been the subject of much controversy. Libraries and others are pushing for a solution to the problem because their desire to be able to preserve works by unknown or missing authors has been hampered by the uncertainty of their copyright status. After an investigation, the government has agreed that the problem is real and needs to be addressed (Peters), but is encountering strong opposition from organizations who fear that the language of the laws could lead to copyrighted works that are not orphaned be labeled this way, thus allowing users to violate without penalty. Three of these organizations are the National Music Publishers' Association, the Illustrators' Partnership of America, and the Association of American Publishers. These organizations have put forward some ideas that are not entirely unreasonable and should be included in any bill; however, some should not be added to any legislation. The first organization, the National Association of Music Publishers, does not oppose the government's creation of an orphan works system; however, they lobbied hard for certain provisions to be included in the laws to ensure that the publishers and songwriters they represent did not lose their rights. They insist that a new user "secure a compulsory license under Section 115 if the new use requires such a license" ("NMPA Position Paper on Orphan Works Legislation") and allow the departed owner to seek attorney's fees if he sues. They want comprehensive guidelines on industry-specific best practices so that new users must engage in diligent research, and they want them included in the legislation. They also want these best practices to be developed by the industry... middle of document... September 2011. Holland, Brad. "IPA - Senate Hearing on Orphan Works". The Illustrators of America Partnership. April 6, 2006. Web. September 13, 2011.Peters, Marybeth. "Orphan Works". United States Copyright Office. September 25, 2008. Web. September 13, 2011. "Statement of Allan Adler, Vice President of the American Publishers Legal and Government Affairs Association, before the Subcommittee on Courts, the Internet, and the Committee on Intellectual Property of the House of Representatives United States in Judicial Matters Concerning Orphan Works Legislation." House Judiciary Committee, March 13, 2008. Network. “NMPA Position Paper on Orphan Works Legislation.” NMPA. Network. 13 September.2011. .