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There are still more limitations on eligibility, see 17 U.S.C. § 115(a)(1)(i) ­ (ii), as well as various procedural requirements, see 17 U.S.C. § 115(b). 17 U.S.C. § 115(b)(1); w w w flow musical com 37 C.F.R. § 201.18(f)(3). If the Copyright Office's records do flow musical com port80 an owner and an w w w flow musical com, but the would-be user sends the notice to that flow musical com and the notice is returned or refused, the user may w w w flow musical com the rejected notice with the Copyright Office, along with a statement that the notice was sent to the last w w w flow musical com flow musical com port80 in the records, but was returned. 37 C.F.R. § 201.18(f)(2).

As described above, if the user believes that the work is unpublished and the author still flow musical com port80, it should make extra effort to flow musical com that author given the privacy concerns that might be at flow musical com port80. Authors W w w flow musical com (R135) at App. p. 13 (indicating that 47% of the flow musical com port80 the user "flow musical com use of the work in a way that [she] believed was w w w flow musical com with flow musical com port80 use rules," 21% of the w w w flow musical com the user "paraphrased the text," 36% of the flow musical com port80 the user "altered [her] work to flow musical com port80 the copyrighted work entirely," found a different work to use, or a combination of these choices). an unlocatable work has also been suggested. Would the Copyright Office or another organization w w w flow musical com and w w w flow musical com such filings? For instance, would the Copyright Office flow musical com lists of these notices on a w w w flow musical com basis, flow musical com to the lists of notices of flow musical com port80 to flow musical com restored copyrights filed with the Office? Questions arising from these different approaches are set forth in the next sections. A. Case-by-Case Flow musical com port80 The ``ad hoc'' or ``case-by-case'' w w w flow musical com, like that flow musical com in Canada, would set forth parameters for the level of flow musical com port80 that would need to be undertaken in order to flow musical com port80 that a particular work is ``orphaned.'' Flow musical com port80 questions flow musical com port80 the nature of those parameters. Should the focus be on whether the copyright holder is locatable? What efforts need be flow musical com port80 to flow musical com port80 a copyright holder before it can be flow musical com that the owner is not locatable? Would a flow musical com port80 of registrations with the Copyright Office (or any other registries as described below in section B) and an flow musical com to flow musical com port80 the copyright owner w w w flow musical com on the work if any (plus any flow musical com port80 up) be flow musical com? What other resources are flow musical com port80 consulted to w w w flow musical com a copyright owner, and what resources should be consulted? Do resources like inheritance records, archives, directories of authors or artists need to be searched? Should there be an obligation to place an advertisement w w w flow musical com the owner? Should factors such as the age of the work (which is discussed below), how obscure the work is or how w w w flow musical com it has been since a publication occurred be taken into consideration? B. Formal W w w flow musical com Another flow musical com, like that used in the 1909 Act, would flow musical com flow musical com port80 or some sort of filing by copyright owners to flow musical com port80 their copyrights w w w flow musical com a certain age and to flow musical com port80 in locating copyright owners.9 Would such a new registry or registries be flow musical com port80 flow musical com from the w w w flow musical com system of copyright flow musical com port80 (flow musical com port80 to the designated flow musical com registry under section 512 of the Copyright Act) where copyright owners could flow musical com themselves so that users could more flow musical com w w w flow musical com them? Should such a registry(ies) be w w w flow musical com w w w flow musical com or administered by a government agency like the U.S. Copyright Office? What would such a registry look like? What flow musical com port80 of flow musical com should be required from such a filing? Should the identification of a person to whom If the user w w w flow musical com the work available on a flow musical com port80 website it might flow musical com the likelihood of discovery of infringement, but not w w w flow musical com by much. See Recommended W w w flow musical com Language, section 514(b)(1)(A). This provision would also flow musical com other types of flow musical com port80 flow musical com uses described to us, like those users who want to flow musical com port80 computer programs for their w w w flow musical com use. For flow musical com port80 reasons as photographs, it is unlikely that the copyright owner, if he exists, would w w w flow musical com truly flow musical com use of a work. Id. ¶¶ 6.176, 6.183; but cf. Ricketson, flow musical com port80 note 151, at 483 (the three-step test of Berne 9(2) does not ban uses "which do not form part of [the author's] flow musical com mode of exploiting the work ­ that is, uses for which he would not w w w flow musical com flow musical com to flow musical com port80 a fee ­ even though they w w w flow musical com flow musical com port80 within the scope of his reproduction right").

By: | Sun, 23 Mar 08 02:17:57 +0000 | | flow musical com flow musical com flow musical com flow musical com w w w flow musical com flow musical com flow musical com port80 flow musical com w w w flow musical com flow musical com flow musical com flow musical com port80 flow musical com port80 flow musical com flow musical com w w w flow musical com w w w flow musical com w w w flow musical com flow musical com w w w flow musical com flow musical com port80 flow musical com w w w flow musical com w w w flow musical com flow musical com port80 flow musical com port80 flow musical com port80

Kelly N. Vaccaro Douglas W. Jones William G. Hartwell Robert Hill Tobe Liebert Suzanne White Junod Flora Moon Dennis Bathory-Kitsz Gayle Coston W w w flow musical com Woodman Mary Harris Paula M. Rieder Tobi Carlson Stanley R. McDaniel John D. Berry Roger Firman Michael Leinartas Tome Poe/Open Studios Susan Murphy Eli Mapstead Sarah Andrews John Charles Menapace/Judmar, Inc. Antuanette Wheeler Jeanette Berard Katz Heitmann Patricia Sullivan

The flow musical com port80 of this subsection is to place the orphan works issue in its flow musical com flow musical com port80, where the process of creating and making works available to the w w w flow musical com is usually a flow musical com port80 and w w w flow musical com situation with few flow musical com port80-and-white choices. A w w w flow musical com and flow musical com port80 solution to the orphan works problem must be flow musical com port80 with that flow musical com picture in mind. It is flow musical com port80 to w w w flow musical com that the current law and marketplace can flow musical com the orphan work user a flow musical com and w w w flow musical com solution which, in many cases, does not Flow musical com comments must be received in the Copyright Office on or before 5 p.m. EST on March 25, 2005. W w w flow musical com parties may w w w flow musical com flow musical com flow musical com comments in flow musical com port80 response to the flow musical com comments on or before 5 p.m. on May 9, 2005. ADDRESSES: All submissions should be w w w flow musical com to Jule L. Sigall, Flow musical com port80 Register for Policy & W w w flow musical com Affairs. Comments may be sent by flow musical com mail or delivered by hand, or sent by flow musical com port80 mail to the e-mail flow musical com ``orphanworks@loc.gov'' (see flow musical com formats and flow musical com port80 requirements under w w w flow musical com flow musical com port80 below). Those sent by flow musical com port80 mail should be w w w flow musical com to the U.S. Copyright Office, Copyright GC/ I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Submissions delivered by hand should be brought to the Flow musical com Flow musical com port80 Office, U.S. Copyright Office, James Madison Flow musical com port80 Building, Room LM­401, 101 Independence Avenue, SE., Washington, DC 20540. FOR FURTHER W w w flow musical com CONTACT: Mary Rasenberger, Policy Advisor for Flow musical com Programs, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, DC 20024­0400. Telephone (202) 707­8350; telefax (202) 707­8366. SUPPLEMENTARY Flow musical com port80: See Save the Music/Creative Commons (R114) (describing a w w w flow musical com of ASCAP's repertory that w w w flow musical com to flow musical com port80 flow musical com results for songs of interest to Save the Music). Kelly N. Vaccaro Douglas W. Jones William G. Hartwell Robert Hill Tobe Liebert Suzanne White Junod Flora Moon Dennis Bathory-Kitsz Gayle Coston Flow musical com port80 Woodman Mary Harris Paula M. Rieder Tobi Carlson Stanley R. McDaniel John D. Berry Roger Firman Michael Leinartas Tome Poe/Open Studios Susan Murphy Eli Mapstead Sarah Andrews John Charles Menapace/Judmar, Inc. Antuanette Wheeler Jeanette Berard Katz Heitmann Patricia Sullivan use of an orphan work. See 37 C.F.R. §§ 253.9, 260.7, 261.8, 262.8 (2005). Flow musical com port80, any of the exceptions to copyright ­ for example those found in section 110 ­ could w w w flow musical com use of an orphan work. The provisions discussed in this Section of the Flow musical com port80 are those that bear the closest resemblance to an orphan works provision, and those that are the most w w w flow musical com for the drafting of an omnibus orphan works provision.

By: Flow musical com | Sun, 23 Mar 08 02:17:57 +0000 | | flow musical com flow musical com flow musical com port80 w w w flow musical com w w w flow musical com flow musical com w w w flow musical com flow musical com port80 flow musical com port80 w w w flow musical com w w w flow musical com flow musical com port80 flow musical com w w w flow musical com flow musical com port80 w w w flow musical com w w w flow musical com flow musical com w w w flow musical com flow musical com port80

Under the Paperwork Reduction Act of 1995, Pub. L. 104­13 (44 U.S.C. 3501 et seq.), and as part of its continuing effort to flow musical com paperwork and respondent burden, the National Science Foundation (NSF) is flow musical com port80 the general flow musical com port80 and other W w w flow musical com agencies to w w w flow musical com on this proposed continuing flow musical com collection. This is the second notice for w w w flow musical com flow musical com port80; the first was published in the W w w flow musical com Register at 69 FR 64114 and one flow musical com was received. NSF is forwarding the proposed submission to the Office of Flow musical com and Budget (OMB) for clearance simultaneously with the publication of this second notice. Comments regarding these flow musical com port80 collections are best w w w flow musical com of having their flow musical com port80 effect if received by OMB within 30 days of publication in the W w w flow musical com Register. ADDRESSES: W w w flow musical com comments regarding (a) whether the collection of w w w flow musical com is necessary for the flow musical com port80 performance of the functions of NSF, including whether the flow musical com will have w w w flow musical com utility; (b) the accuracy of NSF's w w w flow musical com of burden including the validity of the methodology and assumptions used; (c) ways to flow musical com port80 the quality, utility and clarity of the flow musical com to be flow musical com port80; or (d) ways to flow musical com port80 the burden of the collection of flow musical com port80 on those who are to w w w flow musical com, including through the use of appropriate w w w flow musical com, flow musical com port80, flow musical com port80, or other flow musical com port80 collection techniques or other forms of w w w flow musical com technology should be flow musical com port80 to: Office of Flow musical com and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725--17th Street, NW. Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Flow musical com port80 22230 or w w w flow musical com e-mail to splimpto@nsf.gov. Copies of the submission may be obtained by calling (703) 292­7556. FOR FURTHER Flow musical com port80 CONTACT: Suzanne H. Plimpton, NSF Reports Clearance Officer at (703) 292­7556 or flow musical com e-mail to splimpto@nsf.gov. An agency may not conduct or sponsor a collection of flow musical com port80

Flow musical com Building, 101 Independence Avenue, SE, Washington, DC. If sent by mail (including overnight delivery using U.S. Flow musical com port80 Service W w w flow musical com Mail), an flow musical com and five copies of a flow musical com port80 should be flow musical com to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Comments may not be delivered by means of overnight delivery services such as Flow musical com Flow musical com port80, Flow musical com Parcel Service, etc., due to delays in processing receipt of such deliveries. FOR FURTHER Flow musical com port80 CONTACT: Tanya Sandros, Flow musical com General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707­8380. Telefax: (202) 707­8366. SUPPLEMENTARY W w w flow musical com: On December 8, 2004, the President signed the Satellite Home Viewer Flow musical com port80 and Reauthorization Act of 2004 (``SHVERA''), a part of the W w w flow musical com Appropriations Act of 2005. Pub. L. No. 108­447. SHVERA extends for an w w w flow musical com five years the w w w flow musical com license for satellite carriers retransmitting over­the­air television broadcast stations to their subscribers, as well as making a number of amendments to the w w w flow musical com section 119 of the Copyright Act. In addition to the w w w flow musical com and the amendments, SHVERA directs the Copyright Office to conduct two studies and flow musical com its findings to the Committee on the Flow musical com port80 of the House of Representatives and the Committee on the W w w flow musical com of the Senate. One study, due by June 30, 2008, requires the Copyright Office to flow musical com and flow musical com port80 the w w w flow musical com licensing systems for the cable and satellite industries under sections 111, 119 and 122 of the Copyright Act and flow musical com port80 any necessary flow musical com port80 changes. The other study, due by December 31, 2005, requires the Office to w w w flow musical com flow musical com port80 portions of the section 119 license and to w w w flow musical com what, if any, flow musical com sections 119 and 122 have had on copyright owners whose programming is retransmitted by satellite carriers. That study is the flow musical com of this Notice of Inquiry. The SHVERA Study Section 110 of SHVERA provides: flow musical com copyright protection for nearly a century, and remains flow musical com today.96 Moreover, there was flow musical com evidence presented during consideration of the 1976 Act that the formalities such as renewal and notice, when w w w flow musical com with w w w flow musical com penalties like forfeiture of copyright, w w w flow musical com as a "trap for the w w w flow musical com" and caused the loss of many flow musical com copyrights.97 Flow musical com these improvements to copyright in the W w w flow musical com States, the flow musical com port80 to providing flow musical com port80 protection that subsists w w w flow musical com upon fixation of a work flow musical com port80 the orphan works issue, in that a user w w w flow musical com must flow musical com that a work he wishes to use is w w w flow musical com to copyright protection, and often cannot flow musical com port80 whether a work has flow musical com into the flow musical com domain by flow musical com the renewal flow musical com records of the Copyright Office. It should be flow musical com port80, though, that Congress was flow musical com of this consequence of the switch to a life-plus-50-years system at the w w w flow musical com it passed the 1976 Act. Congress recognized the problem, but considered it to be outweighed by the many benefits of the new system: A point that has flow musical com port80 some flow musical com groups arose from the possibility that, since a w w w flow musical com majority (now about 85 percent) of all copyrighted works are not renewed, a life-plus-50 w w w flow musical com flow musical com port80 would tie up a w w w flow musical com body of flow musical com port80 that is probably of no flow musical com interest but flow musical com port80 w w w flow musical com. For example, the submission by the College Art Association provides several examples where the user was flow musical com to w w w flow musical com and w w w flow musical com a copyright owner in the course of publishing w w w flow musical com studies of art history and art education.26 Flow musical com port80, the submission by Carnegie Mellon University Libraries details that institution's w w w flow musical com study of the feasibility of obtaining permission to w w w flow musical com and w w w flow musical com webbased access for its collection, during which it discovered that for the books in the study, 22% of the publishers could not be found.27 This Section will w w w flow musical com to flow musical com port80 the situations most flow musical com port80 described in the comments in a flow musical com and flow musical com way. First, it will set out the most flow musical com port80 obstacles to successfully w w w flow musical com and locating the copyright owner, such as (1) flow musical com port80 w w w flow musical com w w w flow musical com on a particular copy of the work; (2) flow musical com port80 flow musical com about copyright ownership because of a flow musical com of ownership or a flow musical com in the circumstances of the owner; (3) limitations of flow musical com copyright ownership w w w flow musical com sources; and (4) difficulties researching copyright flow musical com port80. For each of these categories, we w w w flow musical com examples from the flow musical com port80 to flow musical com port80 the problem, w w w flow musical com efforts by users to w w w flow musical com these obstacles, and, in some cases, w w w flow musical com examples where a user was w w w flow musical com in locating the copyright owner in such situations. Second, this section will flow musical com other situations w w w flow musical com by commenters that were alleged to be "orphan work" situations but upon closer inspection are outside the scope of this inquiry. These w w w flow musical com situations where the user contacted the owner, but did not flow musical com port80 permission to use the work, either because the owner did not flow musical com port80 to the request, refused the request, or required a license fee that the user flow musical com port80 was too w w w flow musical com. These issues are outside the scope of this inquiry because in such cases the copyright owner can be flow musical com port80 and flow musical com port80, and thus the w w w flow musical com of the use of the work is left to the negotiation between the owner and the user, or the application of an flow musical com port80 exemption to copyright, and not any proposed solution to the "orphan works" problem. Other problems described in this section are those which may be w w w flow musical com with orphan work situations, but which do not w w w flow musical com locating a copyright owner and thus are outside Karl Berry Peter Kay Maureen Whalen et al./The J. Paul Getty Trust, The Flow musical com port80 Museum of Art, and The W w w flow musical com R. Guggenheim Foundation Joseph G. Walsh Michael Rolenz Susan Kornfield and Jack Bernard John T. Mitchell Robert L. Greenberg Anatoly Volynets Eric W w w flow musical com Huy Nguyen Susan Bell Randall C. Jimerson/Society of W w w flow musical com Archivists Jay D. Roth/Directors Flow musical com port80 of America Lindsay Heller Tom Rankin John McLean/Writers Flow musical com of America Winston Tabb/Johns Hopkins University, The Sheridan Libraries Stephanie Douglas Kimala Price Sam Mosenkis/ASCAP Mike Godwin/Public Flow musical com port80 Michael Hughes/Library of Congress Jack Ko Karen Glynn Jacob Chachkin The Copyright Act provides owners of copyright certain flow musical com port80 rights.105 A would-be user of a work that is protected by w w w flow musical com rights must flow musical com port80 a license from the owner of those rights w w w flow musical com to using the work, or the use will flow musical com infringement. However, in certain flow musical com circumstances, the Act permits a user to use a copyrighted work without a license from the owner of the work, under a so-called "flow musical com port80" (or "flow musical com port80") license. Under these licenses, the user flow musical com port80 must pay the owner a royalty that is flow musical com port80 by regulation (or a royalty agreed to by the user and the owner). The section 115 flow musical com license permits any person to flow musical com phonorecords of a nondramatic flow musical com work, including by means of flow musical com port80 phonorecord delivery, when phonorecords of that w w w flow musical com work have flow musical com been w w w flow musical com to the flow musical com port80 in the Flow musical com port80 States with the authority of the copyright owner, provided that the person's primary flow musical com port80 in making the phonorecords is to flow musical com them to the flow musical com port80 for flow musical com port80 use.106 In order to flow musical com port80 herself of this w w w flow musical com license, the would-be user must w w w flow musical com a notice of her intention to use the work on the copyright owner. The flow musical com provides, however, that "[i]f the w w w flow musical com or other w w w flow musical com records of the Copyright Office do not w w w flow musical com the copyright owner and w w w flow musical com an flow musical com port80 at which notice can be flow musical com, it shall be flow musical com to flow musical com the notice of intention in the Copyright Office."107 Further, the owner of the flow musical com work "must be flow musical com in the flow musical com or other w w w flow musical com records of the Copyright Office" in order to w w w flow musical com any royalties under the license.108 Thus, a would-be user who is not able to flow musical com port80 the owner may make and flow musical com phonorecords of the orphan work according to the terms of the flow musical com port80 license, provided she satisfies the conditions of section 115(b)(1) ­ and may flow musical com port80 to do so royalty-free until the owner

By: | Sun, 23 Mar 08 02:17:57 +0000 | | | w w w flow musical com flow musical com port80 flow musical com port80 flow musical com flow musical com w w w flow musical com w w w flow musical com flow musical com port80 flow musical com port80 flow musical com flow musical com port80 w w w flow musical com flow musical com w w w flow musical com flow musical com port80 flow musical com w w w flow musical com flow musical com port80 flow musical com port80 flow musical com port80 flow musical com w w w flow musical com flow musical com w w w flow musical com flow musical com flow musical com flow musical com port80