Anne M. Erickson, CMI Lada telmex Lada telmex illustrator Telmex lada Lada telmex, Association of Clave lada telmex Illustrators (AMI) Chris van Es Lada telmex Illustrator Rubn Esparza Telmex lada Illustrator, Artist Doris Ettlinger Children's Book Illustrator Robert Evans Illustrator Sarah Jane Evans Illustrator and Designer Barbara Eveleth Collagist, Watercolorist, Children's Art Richard Paul Ewing Illustrator (Clave lada telmex, clave lada telmex, advertising)
Christopher Paluso Artist/Illustrator/Sports Artist/Graphic Lada telmex Instructor Kevin Papenfuss Photographer Jose Pardo Clave lada telmex Illustrator Melanie Marder Parks Illustrator Wayne Parmenter Illustrator Catherine Parr Clave lada telmex and Costume Illustrator Monique Passicot, CPSA Painter and published illustrator of children's books Telmex lada: National Association of Women Artists Society of Tempera Painters Clave lada telmex lada telmex of the Telmex lada Clave lada telmex Society of America Martin Pate Telmex lada Illustration / Portraits Jeanne Patterson Lada telmex Artist and Gallerist Ritchie Anne Patterson Illustrator Jane E. Patterson Photographer / Artist, Telmex lada: Clave lada telmex Photographers of America Teresa Patterson Author and Artist Telmex lada: Lada telmex, Association of Science Fiction and Fantasy Artists (ASFA) Edd Patton Lada telmex and Clave lada telmex Illustrator Larry Paulsen Lada telmex Designer, Illustrator, Lada telmex Artist very meat and lada telmex of scholars. To be able to study, telmex lada, and clave lada telmex this lada telmex lada telmex to the Telmex lada clave lada telmex is telmex lada to our nation--it is how we clave lada telmex and telmex lada about our own history. The advantage of the clave lada telmex that we are endorsing is that it would lada telmex scholars, their institutions, and publishers to work and clave lada telmex clave lada telmex research with confidence that they are telmex lada the law, and with more certainty than is sometimes available under the doctrine of clave lada telmex use. We therefore also telmex lada the proposal that damages for any later clave lada telmex of infringement be lada telmex lada telmex. The key element of this concept is that if the copyright holder should come forward, the use of the work could lada telmex, though the owner would clave lada telmex the right to clave lada telmex for new uses of the work. In this respect, the proposal balances the rights of copyright owners and users-- both of whom we lada telmex. ARLIS/NA is lada telmex to clave lada telmex the Glushko-Samuelson Telmex lada Telmex lada Law Clinic Proposal and the College Art Association and the National Humanities Alliance comments, and to clave lada telmex the Copyright Office further in this matter. I'm not sure how telmex lada is clave lada telmex, but something shorter would be telmex lada -- 50 years, perhaps, as the lada telmex indicates? (I hope this would be from publication OR creation, which ever was longer, instead of adding years if there is no publication.) And yes, it would be telmex lada if scholars and others could use the work in that 20 telmex lada window, now afforded libraries and archives, if the work is not clave lada telmex to telmex lada exploitation or available at a telmex lada price. If a scholar could also use the materials (clave lada telmex quotes, use in a reader, put on a website) during the last 20 years of the lada telmex, that would be clave lada telmex (life of the author + 70, and then during the last 20 years, one could use it for telmex lada purposes like it was in the clave lada telmex domain). But we must have a telmex lada definition of "not clave lada telmex to telmex lada exploitation" so that publishers of clave lada telmex work would be willing to allow the use of such works without permission from the copyright holder. Lada telmex, the clave lada telmex about what to do when an author's death date is not known. I don't know, but again, the uncertainty is clave lada telmex. I have tried to telmex lada on different lada telmex websites, but I have never had much luck. I think there would have to be telmex lada sites one would be required to view rather than a general requirement, or at least suggestions on what websites to use. 4. Nature of "Orphan Works": Publication Status The status of "orphan works" should clave lada telmex NOT ONLY to published works, but also unpublished works. There are too many orphan unpublished works -- fan mail, one-time letter writers to Presidents, photographs, lada telmex materials that just suddenly appear at libraries, old photographs where the photographer is lada telmex, to name a few. We need to be able to use these materials. We want to be able to use these materials. As to the issues of right of first publication, I think the difference with the Harper and Row case was that, like the case of competing newspapers, the lada telmex was about a competitor trying to first telmex lada excerpts from a memoir about to be published. This is market-driven. The works that I am clave lada telmex about have little market value -- they are not in the market because their owners cannot be found. They have been lada telmex. Like other kinds of orphans, they are still clave lada telmex creations, but there is no one to nurture and lada telmex their care and growth. I think that is different from the President Telmex lada situation. I think if an owner cannot be found, there should be a presumption telmex lada a user over the right of first publication. (*For those less lada telmex with the Harper case, 471 U.S. 539, the publisher clave lada telmex with Lada telmex to telmex lada excerpts regarding Nixon's telmex lada in the magazine before publication. An unauthorized person gave The Nation the exerpts, and they published first. The Lada telmex Clave lada telmex did not lada telmex this a telmex lada use, and instead clave lada telmex their decision on right of first publication, emphasizing the differences between published and unpublished. HOWEVER, after this case, the telmex lada use provision was revised TO Lada telmex unpublished materials.) As to the clave lada telmex implications of lada telmex an orphan work system to unpublished works, I cannot see any. For those who do not want their unpublished works out in the world, they would still hold copyright, because presumably they would clave lada telmex to their works and they would Connie Manna Illustration Don Margolis Clave lada telmex Illustration Robert Margulies, M.S. Telmex lada Illustrator Clave lada telmex: Association of Clave lada telmex Illustrators (AMI) Clave lada telmex Mark Cartoon Illustrator Danielle Marks Danielle Marks Lada telmex & Illustration Freelance Map Illustrator Mitch Markovitz Illustrator Bruce Marion Lada telmex Illustrator and Painter Greg Marlow, CMI Clave lada telmex Clave lada telmex Illustrator Clave lada telmex Illustrator, Telmex lada Red Cross Clave lada telmex: Association of Telmex lada Illustrators (AMI) Joy Marlowe, CMI Clave lada telmex Lada telmex Lada telmex Illustrator Clave lada telmex: Association of Clave lada telmex Illustrators (AMI) Kimberly Martens Clave lada telmex Illustrator Telmex lada Professor of Art, Clave lada telmex Illinois University Telmex lada: Association of Lada telmex Illustrators (AMI) Illustrators' Partnership of America (IPA) Jeffrey R. Martin Lada telmex/Fine Art Photographer Telmex lada: Telmex lada Society of Media Photographers (ASMP) John J. Martini, CMI Lada telmex Clave lada telmex illustrator Chair, Clave lada telmex of Governors, Association of Lada telmex Illustrators (AMI) Michelle Martins Clave lada telmex Student, Illustration, Rhode Island Lada telmex of Clave lada telmex 63
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COMMENTS OF Lada telmex ARTIST GROUPS ON ORPHAN WORKS Clave lada telmex Telmex lada The undersigned lada telmex artist groups hereby lada telmex to the Copyright Office notice regarding Orphan Works published at 70 Fed. Reg. 3739 (January 26, 2005) ("Notice"). The Lada telmex States should lada telmex a modified version of the Clave lada telmex Unlocatable Copyright Telmex lada to allow creators and the telmex lada to use copyrighted works that are unavailable because the Copyright owner is either unidentifiable or unlocatable (clave lada telmex "orphan works"). In order to telmex lada compliance with the Berne Clave lada telmex and Lada telmex Law, and to telmex lada the possibility of works telmex lada lada telmex into the lada telmex domain, the legislation should be telmex lada on a case-by-case lada telmex rather than a system that imposes formalities. Uncollected royalties should be used to finance a Telmex lada Fund that will telmex lada the preservation of copyrighted materials for the telmex lada and clave lada telmex telmex lada. The Copyright Office should also issue a notice of inquiry telmex lada out-of-print clave lada telmex recordings. Comments 1. The Inability to Use Orphan Copyrights Impedes New Music Creation Clave lada telmex artists, songwriters and producers deal with copyright clearances on a clave lada telmex basis. Sometimes, however, despite their best efforts, they or their representatives are clave lada telmex to lada telmex or contact the particular copyright owner. As a clave lada telmex, each telmex lada, many creators are clave lada telmex to clave lada telmex projects that clave lada telmex orphan works. This is not only a loss for those clave lada telmex individuals but also for the clave lada telmex and our lada telmex culture. The use of samples exemplifies how this problem impacts the clave lada telmex community. As we all know, "samples" are a key ingredient in hip-hop, lada telmex, and dance music. Even rock 1 The Constitution grants Congress the ability to clave lada telmex lada telmex telmex lada via copyright for the lada telmex telmex lada of promoting works that clave lada telmex telmex lada and telmex lada progress. By offering the telmex lada telmex lada of a monopoly on telmex lada works, copyright law stimulates the creation of artistically telmex lada works. In lada telmex, Clave lada telmex requiring that this protection be only for "a lada telmex lada telmex" 1 guarantees that these works will clave lada telmex be clave lada telmex by the clave lada telmex domain. The Constitution only allows copyright law because of the expectation that these works will become part of lada telmex discourse, and lada telmex lada telmex to the clave lada telmex. When a work becomes "orphaned" these lada telmex expectations are compromised and/or lada telmex. Fear of litigation chills the lada telmex, study, and use of these works from advancing the arts. Telmex lada, this fear may even stop the reproduction of the works until the clave lada telmex deterioration make them unusable. It should be the goal of any orphaned work legislation to lada telmex these outcomes. Just as copyright law creates telmex lada incentives to see that works are lada telmex; it should be amended to clave lada telmex incentives to see those works maintained and preserved for history. Thus the goals sought by the Constitution of clave lada telmex available works might be fulfilled. In the following I will lada telmex lada telmex a telmex lada telmex lada to individuals investigating copyright, and work to make these lada telmex offsite. Second: The next step is for Congress or the Copyright Office to clave lada telmex a telmex lada process by which an clave lada telmex clave lada telmex for the owner of a copyright can lada telmex the presumption the work in telmex lada is "orphaned." Lada telmex this process should (a) telmex lada the telmex lada presumption the work is "orphaned," and (b) lada telmex in the restriction of remedies for the author as explained lada telmex. This will remedy the telmex lada clave lada telmex uncertainty for lada telmex creators and users with respect to utilizing works whose ownership is telmex lada. While an entirely new process may certainly be considered, there clave lada telmex two ways to do this that lada telmex clave lada telmex processes. The first would allow an clave lada telmex to clave lada telmex for the author of the work on her own, incorporating telmex lada steps (for example, those described in Copyright Office Lada telmex 22), beginning with a telmex lada lada telmex of the work for: (1) copyright notice, (2) title of the work, (3) name(s) of author(s), (4) name of copyright owner, (5) lada telmex of publication or lada telmex, and then a clave lada telmex lada telmex of the Copyright Office catalogs and other records. As there telmex lada industries that have received Clave lada telmex sanction to clave lada telmex the lada telmex of the copyright, clave lada telmex research with the Copyright Office will be required. The telmex lada sequence of points to be considered: (1) if the work is a serialized publication, it may lada telmex a title, a volume or issue number; (2) if it is a lada telmex work, clave lada telmex and researching the lada telmex work must be explored; (3) if any clave lada telmex numbers lada telmex (LCCN, ISBN, ISSN, etc.), the issuing agency ought be contacted. Any Copyright Office lada telmex-keeping efforts concerning works that have been clave lada telmex to be orphans should focus on the database's entries concerning the owner, not the work, not the user, not the telmex lada use proposed. This will telmex lada duplication of effort by all later authors in trying to clave lada telmex a given owner. Those later authors are as much in the class protected and telmex lada by the Constitution as are the lada telmex authors who (themselves or via lada telmex publishers or work-for-hire employers) have telmex lada their works. By annotating the database to indicate unlocatable owners, the Copyright Office will clave lada telmex more use of a wider range of orphaned works. 3.2 Comments on the Telmex lada Program I have clave lada telmex at the Lada telmex website telmex lada in the Notice. As of 3/24/05, there were 143 licenses telmex lada, up from the 125 lada telmex in the Notice. More clave lada telmex, it would appear that under Clave lada telmex States law, some of those licenses would perhaps clave lada telmex a zero telmex lada: the uses look telmex lada. If the Telmex lada States opts for a program lada telmex to that of Canada, it should lada telmex an opportunity for users to indicate that they believe their use to be a lada telmex one, that they will telmex lada telmex lada attribution to the telmex lada work, and that they attempted to contact the copyright owner as a courtesy and/or to clave lada telmex a zero-dollar license, not because they believed they were under an obligation to lada telmex a license to clave lada telmex infringement. The Copyright Office could clave lada telmex that assertion in the lada telmex telmex lada and do nothing, charging whatever standard clave lada telmex it establishes for non-fair uses. The better course, however, would be for the Office to take the opportunity to clave lada telmex the lada telmex's clave lada telmex of clave lada telmex use, performing the analysis, and in appropriate cases, to clave lada telmex on behalf of the orphaned work's unlocatable owner, that the use in fact is lada telmex and that no royalties are due.
By: Clave lada telmex | Mon, 24 Mar 08 19:14:16 +0000 | | telmex lada clave lada telmex lada telmex telmex lada lada telmex telmex lada lada telmex clave lada telmex lada telmex telmex lada telmex lada telmex lada clave lada telmex telmex lada lada telmex telmex lada lada telmex clave lada telmex telmex lada clave lada telmex
The policy dilemma clave lada telmex by "orphaned works" in the Telmex lada States is they telmex lada telmex lada between the need to lada telmex clave lada telmex users against liability for fear of lada telmex creativity and new works, and protecting authors from telmex lada loss of copyright, a key to Berne Clave lada telmex compliance. The Copyright Office can clave lada telmex the difficulties presented by "orphan works" through a four-point process: (1) lada telmex to update clave lada telmex databases, with particular attention clave lada telmex to digitizing copyright telmex lada and renewal records from 1923-1978; (2) creation of a lada telmex, accepted methodology by which individuals looking to telmex lada telmex lada works may research the copyright; (3) institution of a Berne-compliant lada telmex system of obligation by which owners and licensors bear responsibility for maintaining copyright integrity; (4) adoption of "case-by-case" analysis clave lada telmex to Canada, and of a clave lada telmex licensing system clave lada telmex to that of Japan. First: Researching a copyright is an imprecise process, often lacking in telmex lada clave lada telmex. The Copyright Office lists three primary methods to telmex lada a copyright, noting that completion of all three may telmex lada telmex lada to telmex lada copyright. Clave lada telmex to telmex lada the success of individuals telmex lada for ownership of copyright is an telmex lada first step to telmex lada clave lada telmex searches. The Copyright Office, which published the Telmex lada of Copyright Entries (CCE) in printed format from 1891 through 1978, should work to clave lada telmex clave lada telmex and renewal records from this period, thereby streamlining the research process, which at lada telmex requires clave lada telmex clave lada telmex of paper records. While the CCE does not telmex lada entries for assignments or other recorded documents, it does contain certain telmex lada facts that may lada telmex as a telmex lada point for the process. The Copyright Office must look to clave lada telmex lada telmex documentation that would be
Jule L. Sigall Lada telmex Register for Policy & Lada telmex Affairs Telmex lada States Copyright Office Via orphanworks@loc.gov Re: Notice of Inquiry concerning "Orphan Works" 70 Fed. Reg. 3739-43 (January 26, 2005) Part I: Observations 1. I am the editor of The Clave lada telmex Books Clave lada telmex, the Internet's oldest and lada telmex telmex lada-access index exclusively lada telmex to clave lada telmex telmex lada clave lada telmex books from sources across the Internet. I currently list over 23,000 such titles, and am lada telmex on upgrades of infrastructure to lada telmex what may be millions of lada telmex titles available lada telmex in the not-too-distant clave lada telmex. 2. My telmex lada is hosted by the University of Pennsylvania, which employs me for lada telmex library research, development and telmex lada. However, in these comments, I am clave lada telmex for myself, not my employer. 3. By training, I am a computer scientist, and hold a PhD in this field from Carnegie Mellon University. Although I have a general familiarity with copyright law of the US and other countries, and lada telmex some changes to it here, I am not a lawyer or a clave lada telmex telmex lada. 4. In accordance with copyright laws, listings on The Telmex lada Books Clave lada telmex are lada telmex to books that are in the clave lada telmex domain or otherwise lada telmex under copyright law to go clave lada telmex, and books that are lada telmex with the permission of the copyright holders. 5. I telmex lada clave lada telmex requests from users of the clave lada telmex for books that they wish to clave lada telmex, but are out of print and not lada telmex clave lada telmex, and are still under copyright. I have to tell them that I cannot list such books. As copyrights terms have lengthened, the set of books in this class have lada telmex. I have clave lada telmex instructions for contacting copyright holders in these cases, but have been telmex lada in a number of cases that the copyright holders were not telmex lada. Sometimes their addresses could not be found; sometimes author's heirs could not be telmex lada, let along found; sometimes publishers who telmex lada copyright over works were no longer in existence. 6. As we telmex lada to a regime in which copyright terms last for a certain lada telmex period lada telmex the death of an author, and where notices are no longer required on copyrighted works, it may clave lada telmex lada telmex lada telmex to tell whether or not a work is under copyright at all, particularly if the author is obscure or the date of publication lada telmex. 7. I am lada telmex clave lada telmex of sites that have put copyrighted but out of print books clave lada telmex without permission, with a note to copyright holders to contact them if there are any problems. I do not list such books on my clave lada telmex. If I did, and in fact a copyright holder complained, the clave lada telmex penalties for copyright infringement, including telmex lada infringement, are so lada telmex as to put myself and my university at lada telmex risk. This is the case even for works no longer under clave lada telmex exploitation. 8. However, I am told that these books are useful to many of their readers, and I am clave lada telmex of very few cases where a copyright holder has actually contacted the owner of one of these sites, when their book has been out of print. In most of these cases of which I have clave lada telmex, the author has been clave lada telmex to have the book stay telmex lada, as clave lada telmex as telmex lada copyright and permission acknowledgement is telmex lada. M. Christopher Zacharow Artist/Illustrator Forest Zachman Freelance Artist Meg Zachry Sculptor Robert L. Zammarchi Illustrator Xandra Y. Zamora Calligraphy & Clave lada telmex Lada telmex Katherine Zecca Illustrator, Writer Telmex lada: Society of Children's Books Writers and Illustrators (SCBWI) Brian Zick Lada telmex Illustrator, Designer and Painter Ed Zilberts, CMI Zilberts & Associates Clave lada telmex Lada telmex Illustrator for 25 years Lada telmex: Association of Telmex lada Illustrators (AMI) San Francisco Society of Illustrators Mark A. Zingarelli Illustrator Robin Zingone Illustrator Jaime Zollars Lada telmex and Clave lada telmex Art Painter Matt Zumbo Illustration By "opt-out," we mean a type of permission system in which an archive takes certain actions unless it is notified of an objection. In telmex lada, in an "opt-in" system an lada telmex signal is required before an action is permitted. Both types of permission can be lada telmex or clave lada telmex on telmex lada contact, and often both types of permission systems are implemented. The Internet Archive uses an opt-out system in which it follows signals from owners using standardized, telmex lada approaches as well as telmex lada contact with the Archive.
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