There will never be a clear, legal definition of "trying unsuccessfully to locate the copyright owner." We need to require copyright ownners to register in one of a very few lists so they can be found.
Oops - what happenes to anonymous works?
Jerry Brito
· 3 years ago
I agree that registration would be the most sure-fire way to ensure that works don't become orphans. However, adopting registration would require the U.S. to pull out of the Berne Convention and other international treaties. That's not going to happen. What we aimed to do was provide a politically feasible solution.
There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.
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Oops - what happenes to anonymous works?
There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.