Orphan Works, 39341-39343 [05-13355]

Download as PDF Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices 10235, Washington, DC 20503, 202– 395–7316 (this is not a toll free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Employment and Training Administration (ETA). Type of Review: Extension of a currently approved collection. Title: Attestation by Employers Using Crewmembers for Longshore Activities at Locations in the State of Alaska. OMB Number: 1205–0352. Frequency: On occasion. Affected Public: Business or other forprofit. Type of Response: Recordkeeping. Number of Respondents: 100. Annual Responses: 100. Average Response Time: 3 hours. Total Annual Burden Hours: 300. Total Annualized Capital/Startup Costs: $0. Total Annual Costs (Operating/ Maintaining Systems or Purchasing Services): $0. Description: The information provided on this form by employers seeking to use alien crewmembers to perform longshore activities in the State of Alaska will permit the Department to meet Federal responsibilities for program administration, management and oversight. Ira L. Mills, Departmental Clearance Officer/Team Leader. [FR Doc. 05–13321 Filed 7–6–05; 8:45 am] BILLING CODE 4510–30–P VerDate jul<14>2003 19:31 Jul 06, 2005 Jkt 205001 LIBRARY OF CONGRESS Copyright Office Orphan Works Copyright Office, Library of Congress ACTION: Notice of public roundtables. AGENCY: SUMMARY: The Copyright Office announces public roundtable discussions regarding ‘‘orphan works,’’ i.e., copyrighted works whose owners are difficult or even impossible to identify or locate. The Office seeks to address whether there are compelling concerns that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders. The Office solicited and received written comments on these issues pursuant to a Notice of Inquiry issued earlier this year. See Notice of Inquiry, 70 FR 3739 (Jan. 26, 2005). The Office will now hold roundtable discussions to further address the issues raised and solutions proposed in the written comments. DATES: The public roundtable will first be held in Washington, D.C. on Tuesday, July 26, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T., and on Wednesday, July 27, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T. An additional roundtable will be held in Berkeley, California on Tuesday, August 2, 2005, from 9:00 a.m. to 5:00 p.m. P.D.T. Requests to participate in the roundtables must be received by the Copyright Office by 5:00 p.m. E.D.T. on July 15, 2005. ADDRESSES: The roundtable in Washington, D.C. will be held in the Russell Senate Office Building, Room 188, Washington, D.C. 20510, on July 26, 2005, and in the Rayburn House Office Building, Room 2237, Washington, D.C., 20515, on July 27, 2005. The public roundtable in Berkeley, California will be held at the Boalt Hall School of Law, University of California – Berkeley, Berkeley, California 94720. Details on the precise location in Berkeley, California will be provided in advance of the meeting on the Copyright Office website, http:// www.copyright.gov. FOR FURTHER INFORMATION CONTACT: Oliver Metzger, Attorney–Advisor, Office of Policy & International Affairs, Email: omet@loc.gov; Telephone (202) 707–8350; Fax (202) 707–8366. SUPPLEMENTARY INFORMATION: Procedure for Submitting Requests to Participate The roundtable discussions will be open to the public. However, persons PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 39341 wishing to participate in the discussions must submit a written request to the Copyright Office. The request to participate must include the following information: (1) the name of the person desiring to participate; (2) the organization(s) represented by that person, if any; (3) contact information (address, telephone, telefax, and e– mail); and (4) a one–page summary of the specific issues the participant (or his or her organization) wishes to address. The one–page summary must also identify in which of the four general roundtable topic areas the person would most like to participate in order of preference, along with the corresponding date, time and location (see below for detail). Space and time constraints may require us to limit participation in one or more of the topic areas, and there is a chance that not all requests to participate will be granted. Identification of the desired topic areas in order of preference will help the Office to ensure that participants will be heard in the area(s) of interest most critical to them. In addition, any person requesting participation in the roundtable who did not file a written initial or reply comment in response to the Notice of Inquiry published on January 26, 2005, 70 FR 3739 (January 26, 2005), must provide his or her statement of interest in this proceeding in his or her one–page summary. The Office will notify each participant in advance of his or her designated topic area(s), and the corresponding time(s) and location(s). Note also for those who wish to attend but not participate in the roundtables that space is limited. Seats will be available on a first–come, first–served basis. However, all discussions will be transcribed, and transcripts subsequently made available on the Copyright Office website. Requests to participate may be submitted to the Office by e–mail (preferred), by commercial courier, or by hand delivery by a private party (submission by overnight service or regular mail will not be effective) as follows: 1. If by e–mail (preferred): Send to orphanworks@loc.gov a message containing the information required above. The one–page summary of issues may be included in the text of the message, or may be sent as a MIME attachment. If sent as a MIME attachment, the summary must be in a single file in either: (1) Adobe Portable Document File (PDF) format; (2) Microsoft Word 2000 or earlier; (3) WordPerfect 9.0 or earlier; (4) Rich Text File (RTF) format; or (5) ASCII text file format. E:\FR\FM\07JYN1.SGM 07JYN1 39342 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices 2. If by commercial, non–government courier or messenger: Address to Jule L. Sigall, Associate Register for Policy & International Affairs, U.S. Copyright Office, Room LM–403, James Madison Memorial Building, 101 Independence Avenue, SE, Washington, DC 20559– 6000, and deliver to the Congressional Courier Acceptance Site (CCAS), 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4:00 p.m., a cover letter with the information required above, and include three copies of the one–page summary of issues. (Note: the Copyright Office will consider the date of receipt at CCAS as the date of receipt in the Copyright Office.) 3. If by hand delivery by a private party: Address to Jule L. Sigall, Associate Register for Policy & International Affairs, U.S. Copyright Office, James Madison Memorial Building, Room LM–401, 101 Independence Avenue, SE, Washington, DC 20559–6000, and deliver to Room LM–401 of the James Madison Memorial Building, a cover letter with the information required above, and include three copies of the one–page summary of issues. Background On January 26, 2005, the Copyright Office published a Notice of Inquiry in the Federal Register, 70 FR 3739 (Jan. 26, 2005), announcing its study of issues surrounding ‘‘orphan works,’’ i.e., copyrighted works whose owners are difficult or even impossible to identify or locate. The study is a response to concerns that difficulty in identifying and/or locating copyright owners can create difficulties in obtaining permission for subsequent creators and users to use works in socially productive ways, such as by incorporating these works in new creative efforts, or by making them available to the public. Specifically the Office seeks to address whether the problems identified in the comments merit a solution, and what type of solution could effectively address these problems without conflicting with the legitimate interests of authors and right holders. The original Notice of Inquiry invited the public to submit written comments. Initial Comments were first submitted to the Office during a 60–day period following issuance of the Notice of Inquiry. Reply Comments were then submitted during an additional 45–day period. The Office received approximately 850 unique comments during these periods, all of which have been posted on the Copyright Office website (http://www.copyright.gov/ orphan). VerDate jul<14>2003 19:31 Jul 06, 2005 Jkt 205001 The Copyright Office has reviewed the Initial and Reply Comments and seeks further information and discussion on several issues raised by the Notice and this study. To help guide the discussion, the following Provisional Agenda will be followed in both the Washington, DC and Berkeley, CA roundtables: Topic 1: Identification of Orphan Works Washington, DC: Tuesday, July 26, morning session Berkeley, CA: Tuesday, August 2, morning session The Notice of Inquiry invited comments on how the term ‘‘orphan work’’ should be defined, or how orphan works might be designated. It suggested two general approaches: (1) an ‘‘ad hoc’’ or case–by–case approach, setting forth basic parameters of what might constitute a sufficient search under the circumstances; and (2) a formal approach incorporating a registry or registries in various forms and with various effects. The Notice of Inquiry also invited comment on other threshold issues, such as whether certain works should be categorically excluded from designation as ‘‘orphan works’’ because of age, publication status, etc. While many comments addressed these issues in detail, the Copyright Office seeks further discussion on the following issues within this general area of concern: a. The ‘‘due diligence’’/‘‘reasonable efforts’’ search approach and standard. b. The role of registries of copyright ownership information and/or uses of purported orphan works. c. Inclusion or exclusion of unpublished works. d. Other threshold requirements, such as age of works, types of works, types of users, types of uses. Topic 2: Consequences of an ‘‘Orphan Works’’ Designation Washington, DC: Tuesday, July 26, afternoon session Berkeley, CA: Tuesday, August 2, afternoon session Assuming that a work is identified or designated as an orphan work, a wide range of legal consequences may potentially result. The Notice of Inquiry summarized some of these consequences, while others were suggested and addressed in the written comments. These consequences vary in nature and degree, from limitations on the remedies available to a reappearing owner, to the payment of a mandatory fee by the user in a variety of forms, to a statutory exemption explicitly authorizing various uses, to termination of all rights in the work through entry PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 into the public domain. The Copyright Office seeks further information on the following issues within this topic area: a. The ‘‘limitations on remedies’’ approach. b. The exemption and public domain approaches. c. Payment of fees or escrow by the user. d. Other conditions/obligations on the user (e.g. time limits, notice, registration). e. Reliance (or ‘‘piggybacking’’) on previous searches by subsequent users. Topic 3: Reclaiming Orphan Works Washington, DC: Wednesday, July 27, morning session Berkeley, CA: Tuesday, August 2, afternoon session Once a work has been designated an orphan work, resulting in any of a number of potential legal consequences, a formerly unidentified or missing copyright owner may reappear and attempt to assert rights in the work. This assertion of rights might occur during any number of stages in the process of exploiting of the work, and after a user may have incurred costs in reliance on the continuing unavailability of the original owner. The assertion of rights may also occur in a variety of forms, from informal communication between the original owner and user, to formal litigation over rights in the work. The Copyright Office seeks further discussion of the following issues within this topic area: a. The consequences of owner reappearance for uses in the process of being prepared for exploitation (whether derivative uses or other uses in preparation), and for ongoing exploitations. b. The burden of proof in litigation, on issues such as the reasonableness of a user’s search. c. Statutory damages and attorneys fees. d. Rights in derivative works based on an orphan work. Topic 4: International Issues Washington, DC: Wednesday, July 27, afternoon session Berkeley, CA: Tuesday, August 2, afternoon session The Notice of Inquiry specifically asked how any proposed solution to orphan works problems might be reconciled with existing international obligations regarding copyright. These obligations include the prohibition against formalities in the Berne Convention, as well as limitations on the nature of exceptions imposed by the TRIPS Agreement. Several comments addressed these questions specifically, E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices but also raised other concerns when the international dimensions of orphan works problems are considered. The Copyright Office seeks further information on the following issues within this topic area: a. Compliance of various alternatives with the Berne Convention prohibition against formalities. b. Compliance of various alternatives with TRIPS/Berne ‘‘three–step’’ test for limitations or exceptions. c. Exclusion of foreign works from the orphan work definition. d. Gathering information on experience in other countries with orphan works issues. The roundtable might also take up other issues not encompassed by the above agenda if time permits. Dated: June 30, 2005 Marybeth Peters, Register of Copyrights. [FR Doc. 05–13355 Filed 7–6–05; 8:45 am] BILLING CODE 1410–30–S LIBRARY OF CONGRESS Copyright Office [Docket No. RM 2005–7] Satellite Home Viewer Extension and Reauthorization Act of 2004 Copyright Office, Library of Congress. ACTION: Notice of inquiry. AGENCY: SUMMARY: The Copyright Office of the Library of Congress is requesting information for the preparation of the first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004. DATES: Comments are due no later than August 22, 2005. Reply comments are due no later than September 12, 2005. ADDRESSES: If hand delivered by a private party, an original and five copies of a comment should be brought to Room LM–401 of the James Madison Memorial Building between 8:30 a.m. and 5 p.m. and the envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office, James Madison Memorial Building, Room LM–401, 101 Independence Avenue, SE, Washington, DC 20559– 6000. If delivered by a commercial courier, an original and five copies of a comment must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Streets, NE, between 8:30 a.m. and 4 p.m. The envelope should be addressed as follows: Office of the General Counsel, Room LM–403, James Madison VerDate jul<14>2003 19:31 Jul 06, 2005 Jkt 205001 Memorial Building, 101 Independence Avenue, SE, Washington, DC. If sent by mail (including overnight delivery using U.S. Postal Service Express Mail), an original and five copies of a comment should be addressed 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 Federal Express, United Parcel Service, etc., due to delays in processing receipt of such deliveries. FOR FURTHER INFORMATION CONTACT: Tanya Sandros, Associate General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: On December 8, 2004, the President signed the Satellite Home Viewer Extension and Reauthorization Act of 2004 (‘‘SHVERA’’), a part of the Consolidated Appropriations Act of 2005. Pub. L. No. 108–447. SHVERA extends for an additional five years the statutory license for satellite carriers retransmitting over–the–air television broadcast stations to their subscribers, as well as making a number of amendments to the existing section 119 of the Copyright Act. In addition to the extension and the amendments, SHVERA directs the Copyright Office to conduct two studies and report its findings to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. One study, due by June 30, 2008, requires the Copyright Office to examine and compare the statutory licensing systems for the cable and satellite industries under sections 111, 119 and 122 of the Copyright Act and recommend any necessary legislative changes. The other study, due by December 31, 2005, requires the Office to examine select portions of the section 119 license and to determine what, if any, impact sections 119 and 122 have had on copyright owners whose programming is retransmitted by satellite carriers. That study is the subject of this Notice of Inquiry. The SHVERA Study Section 110 of SHVERA provides: No later than December 31, 2005, the Register of Copyrights shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Register’s findings and recommendations on the following: (1) The extent to which the unserved PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 39343 household limitation for network stations contained in section 119 of title 17, United States Code, has operated efficiently and effectively and has forwarded the goal of title 17, United States Code, to protect copyright owners of over–the–air television programming, including what amendments, if any, are necessary to effectively identify the application of the limitation to individual households to receive secondary transmissions of primary digital transmissions of network stations. (2) The extent to which secondary transmissions of primary transmissions of network stations and superstations under section 119 of title 17, United States Code, harm copyright owners of broadcast programming throughout the United States and the effect, if any, of the statutory license under section 122 of title 17, United States Code, in reducing such harm. Pub. L. No. 108–447, 118 Stat. 3394, 3408 (2004). Part One: The Unserved Household Limitation The statutory license set forth in section 119 of the Copyright Act enables satellite carriers to retransmit distant over–the–air television broadcast stations to their subscribers.1The license has a significant restriction, however, with respect to the retransmission of network television stations. Satellite carriers may only retransmit distant network stations to subscribers who reside in ‘‘unserved households.’’ An ‘‘unserved household,’’ with respect to a particular television network, is defined in the law as: [A] household that– (A) cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over–the–air signal of a primary network station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999; (B) is subject to a waiver that meets the standards of subsection (a)(14) whether or not the waiver was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004; (C) is a subscriber to whom subsection (e) applies; (D) is a subscriber to whom subsection (a)(12) applies; or (E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies. 17 U.S.C. 119(d)(10). 1 Section 122 of the Copyright Act permits satellite carriers to retransmit local over-the-air television broadcast stations to their subscribers. See 17 U.S.C. 122. E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39341-39343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13355]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Office


Orphan Works

AGENCY: Copyright Office, Library of Congress

ACTION: Notice of public roundtables.

-----------------------------------------------------------------------

SUMMARY: The Copyright Office announces public roundtable discussions 
regarding ``orphan works,'' i.e., copyrighted works whose owners are 
difficult or even impossible to identify or locate. The Office seeks to 
address whether there are compelling concerns that merit a legislative, 
regulatory or other solution, and what type of solution could 
effectively address these concerns without conflicting with the 
legitimate interests of authors and right holders. The Office solicited 
and received written comments on these issues pursuant to a Notice of 
Inquiry issued earlier this year. See Notice of Inquiry, 70 FR 3739 
(Jan. 26, 2005). The Office will now hold roundtable discussions to 
further address the issues raised and solutions proposed in the written 
comments.

DATES: The public roundtable will first be held in Washington, D.C. on 
Tuesday, July 26, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T., and on 
Wednesday, July 27, 2005, from 9:00 a.m. to 5:00 p.m. E.D.T. An 
additional roundtable will be held in Berkeley, California on Tuesday, 
August 2, 2005, from 9:00 a.m. to 5:00 p.m. P.D.T. Requests to 
participate in the roundtables must be received by the Copyright Office 
by 5:00 p.m. E.D.T. on July 15, 2005.

ADDRESSES: The roundtable in Washington, D.C. will be held in the 
Russell Senate Office Building, Room 188, Washington, D.C. 20510, on 
July 26, 2005, and in the Rayburn House Office Building, Room 2237, 
Washington, D.C., 20515, on July 27, 2005. The public roundtable in 
Berkeley, California will be held at the Boalt Hall School of Law, 
University of California - Berkeley, Berkeley, California 94720. 
Details on the precise location in Berkeley, California will be 
provided in advance of the meeting on the Copyright Office website, 
http://www.copyright.gov.

FOR FURTHER INFORMATION CONTACT: Oliver Metzger, Attorney-Advisor, 
Office of Policy & International Affairs, Email: omet@loc.gov; 
Telephone (202) 707-8350; Fax (202) 707-8366.

SUPPLEMENTARY INFORMATION:
Procedure for Submitting Requests to Participate
    The roundtable discussions will be open to the public. However, 
persons wishing to participate in the discussions must submit a written 
request to the Copyright Office. The request to participate must 
include the following information: (1) the name of the person desiring 
to participate; (2) the organization(s) represented by that person, if 
any; (3) contact information (address, telephone, telefax, and e-mail); 
and (4) a one-page summary of the specific issues the participant (or 
his or her organization) wishes to address.
    The one-page summary must also identify in which of the four 
general roundtable topic areas the person would most like to 
participate in order of preference, along with the corresponding date, 
time and location (see below for detail). Space and time constraints 
may require us to limit participation in one or more of the topic 
areas, and there is a chance that not all requests to participate will 
be granted. Identification of the desired topic areas in order of 
preference will help the Office to ensure that participants will be 
heard in the area(s) of interest most critical to them. In addition, 
any person requesting participation in the roundtable who did not file 
a written initial or reply comment in response to the Notice of Inquiry 
published on January 26, 2005, 70 FR 3739 (January 26, 2005), must 
provide his or her statement of interest in this proceeding in his or 
her one-page summary. The Office will notify each participant in 
advance of his or her designated topic area(s), and the corresponding 
time(s) and location(s).
    Note also for those who wish to attend but not participate in the 
roundtables that space is limited. Seats will be available on a first-
come, first-served basis. However, all discussions will be transcribed, 
and transcripts subsequently made available on the Copyright Office 
website.
    Requests to participate may be submitted to the Office by e-mail 
(preferred), by commercial courier, or by hand delivery by a private 
party (submission by overnight service or regular mail will not be 
effective) as follows:
    1. If by e-mail (preferred): Send to orphanworks@loc.gov a message 
containing the information required above. The one-page summary of 
issues may be included in the text of the message, or may be sent as a 
MIME attachment. If sent as a MIME attachment, the summary must be in a 
single file in either: (1) Adobe Portable Document File (PDF) format; 
(2) Microsoft Word 2000 or earlier; (3) WordPerfect 9.0 or earlier; (4) 
Rich Text File (RTF) format; or (5) ASCII text file format.

[[Page 39342]]

    2. If by commercial, non-government courier or messenger: Address 
to Jule L. Sigall, Associate Register for Policy & International 
Affairs, U.S. Copyright Office, Room LM-403, James Madison Memorial 
Building, 101 Independence Avenue, SE, Washington, DC 20559-6000, and 
deliver to the Congressional Courier Acceptance Site (CCAS), 2nd and D 
Streets, NE, Washington, DC between 8:30 a.m. and 4:00 p.m., a cover 
letter with the information required above, and include three copies of 
the one-page summary of issues. (Note: the Copyright Office will 
consider the date of receipt at CCAS as the date of receipt in the 
Copyright Office.)
    3. If by hand delivery by a private party: Address to Jule L. 
Sigall, Associate Register for Policy & International Affairs, U.S. 
Copyright Office, James Madison Memorial Building, Room LM-401, 101 
Independence Avenue, SE, Washington, DC 20559-6000, and deliver to Room 
LM-401 of the James Madison Memorial Building, a cover letter with the 
information required above, and include three copies of the one-page 
summary of issues.

Background

    On January 26, 2005, the Copyright Office published a Notice of 
Inquiry in the Federal Register, 70 FR 3739 (Jan. 26, 2005), announcing 
its study of issues surrounding ``orphan works,'' i.e., copyrighted 
works whose owners are difficult or even impossible to identify or 
locate. The study is a response to concerns that difficulty in 
identifying and/or locating copyright owners can create difficulties in 
obtaining permission for subsequent creators and users to use works in 
socially productive ways, such as by incorporating these works in new 
creative efforts, or by making them available to the public. 
Specifically the Office seeks to address whether the problems 
identified in the comments merit a solution, and what type of solution 
could effectively address these problems without conflicting with the 
legitimate interests of authors and right holders.
    The original Notice of Inquiry invited the public to submit written 
comments. Initial Comments were first submitted to the Office during a 
60-day period following issuance of the Notice of Inquiry. Reply 
Comments were then submitted during an additional 45-day period. The 
Office received approximately 850 unique comments during these periods, 
all of which have been posted on the Copyright Office website (http://
www.copyright.gov/orphan).
    The Copyright Office has reviewed the Initial and Reply Comments 
and seeks further information and discussion on several issues raised 
by the Notice and this study. To help guide the discussion, the 
following Provisional Agenda will be followed in both the Washington, 
DC and Berkeley, CA roundtables:

Topic 1: Identification of Orphan Works

    Washington, DC: Tuesday, July 26, morning session
    Berkeley, CA: Tuesday, August 2, morning session
    The Notice of Inquiry invited comments on how the term ``orphan 
work'' should be defined, or how orphan works might be designated. It 
suggested two general approaches: (1) an ``ad hoc'' or case-by-case 
approach, setting forth basic parameters of what might constitute a 
sufficient search under the circumstances; and (2) a formal approach 
incorporating a registry or registries in various forms and with 
various effects. The Notice of Inquiry also invited comment on other 
threshold issues, such as whether certain works should be categorically 
excluded from designation as ``orphan works'' because of age, 
publication status, etc. While many comments addressed these issues in 
detail, the Copyright Office seeks further discussion on the following 
issues within this general area of concern:
    a. The ``due diligence''/``reasonable efforts'' search approach and 
standard.
    b. The role of registries of copyright ownership information and/or 
uses of purported orphan works.
    c. Inclusion or exclusion of unpublished works.
    d. Other threshold requirements, such as age of works, types of 
works, types of users, types of uses.

Topic 2: Consequences of an ``Orphan Works'' Designation

    Washington, DC: Tuesday, July 26, afternoon session
    Berkeley, CA: Tuesday, August 2, afternoon session
    Assuming that a work is identified or designated as an orphan work, 
a wide range of legal consequences may potentially result. The Notice 
of Inquiry summarized some of these consequences, while others were 
suggested and addressed in the written comments. These consequences 
vary in nature and degree, from limitations on the remedies available 
to a reappearing owner, to the payment of a mandatory fee by the user 
in a variety of forms, to a statutory exemption explicitly authorizing 
various uses, to termination of all rights in the work through entry 
into the public domain. The Copyright Office seeks further information 
on the following issues within this topic area:
    a. The ``limitations on remedies'' approach.
    b. The exemption and public domain approaches.
    c. Payment of fees or escrow by the user.
    d. Other conditions/obligations on the user (e.g. time limits, 
notice, registration).
    e. Reliance (or ``piggybacking'') on previous searches by 
subsequent users.

Topic 3: Reclaiming Orphan Works

    Washington, DC: Wednesday, July 27, morning session
    Berkeley, CA: Tuesday, August 2, afternoon session
    Once a work has been designated an orphan work, resulting in any of 
a number of potential legal consequences, a formerly unidentified or 
missing copyright owner may reappear and attempt to assert rights in 
the work. This assertion of rights might occur during any number of 
stages in the process of exploiting of the work, and after a user may 
have incurred costs in reliance on the continuing unavailability of the 
original owner. The assertion of rights may also occur in a variety of 
forms, from informal communication between the original owner and user, 
to formal litigation over rights in the work. The Copyright Office 
seeks further discussion of the following issues within this topic 
area:
    a. The consequences of owner reappearance for uses in the process 
of being prepared for exploitation (whether derivative uses or other 
uses in preparation), and for ongoing exploitations.
    b. The burden of proof in litigation, on issues such as the 
reasonableness of a user's search.
    c. Statutory damages and attorneys fees.
    d. Rights in derivative works based on an orphan work.

Topic 4: International Issues

    Washington, DC: Wednesday, July 27, afternoon session
    Berkeley, CA: Tuesday, August 2, afternoon session
    The Notice of Inquiry specifically asked how any proposed solution 
to orphan works problems might be reconciled with existing 
international obligations regarding copyright. These obligations 
include the prohibition against formalities in the Berne Convention, as 
well as limitations on the nature of exceptions imposed by the TRIPS 
Agreement. Several comments addressed these questions specifically,

[[Page 39343]]

but also raised other concerns when the international dimensions of 
orphan works problems are considered. The Copyright Office seeks 
further information on the following issues within this topic area:
    a. Compliance of various alternatives with the Berne Convention 
prohibition against formalities.
    b. Compliance of various alternatives with TRIPS/Berne ``three-
step'' test for limitations or exceptions.
    c. Exclusion of foreign works from the orphan work definition.
    d. Gathering information on experience in other countries with 
orphan works issues.
    The roundtable might also take up other issues not encompassed by 
the above agenda if time permits.

    Dated: June 30, 2005
Marybeth Peters,
Register of Copyrights.
[FR Doc. 05-13355 Filed 7-6-05; 8:45 am]
BILLING CODE 1410-30-S