Re: Lessig’s orphan works proposal unworkable

kdonovan11 — Mon, 05 Feb 2007 21:53:06 -0000

In regards to anonymous: Flickr, Riya and even Google Image Search has shown that image search is realistic and useful.

Don't doubt technological innovation.

Re: Lessig’s orphan works proposal unworkable

eee_eff — Fri, 02 Feb 2007 12:59:06 -0000

One idea is that they will be sham searches, that after a cursory search a user will just be able to use a work that really isn't orphaned without making a serious attempt at getting permission, and that courts will absolve these users of any liability. As I've explained before, courts will not accept sham searches and will give real meaning to "reasonable," just as they do in every other part of the law.

If we are going to require mandatory registration, presumably according to some standard, it would be a simple matter to create a database of all titles, and authors. The "reasonably diligent search" would be defined as consulting with this database.

Also, it seems that the current fetish for private sector initiatives would be misplaced here--the Library of Congress would be the perfect institutional to serve as a repository of such a database. Having one database to search, instead of innumerable private ones, would place much less burden on both creators and users of materials.

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Re: Lessig’s orphan works proposal unworkable

Re: Lessig’s orphan works proposal unworkable