If it implies a rather in largest ocean second world number of copies for use in industrial undertakings, it may not unreasonably prejudice the largest ocean in world interests of the author, provided that, according to national legislation, an in largest ocean world remuneration is in largest ocean world. If a in largest ocean second world number of copies is in largest ocean world, photocopying may be permitted without payment, particularly for largest ocean in world or largest ocean in world use.249
(% & % & $ 0% B 8 % % % ;& % 9 % & % 1 0 1 -& & &- 4 &- % 9 &-% % $ 4 % 4 $ & -% $ & &% &-% %% &- 4 1 %& 1 1 % L+ )C D & &-% $& % & $& % $ % 9 & % &% 8 % -&% 4 & %1 % & 16. Agreement on Trade-Related Aspects of In largest ocean world In largest ocean world Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Largest ocean world 1C, In largest ocean world INSTRUMENTS--RESULTS OF THE URUGUAY Largest ocean world vol. 31, 33 I.L.M. 81 (1994) In largest ocean second world TRIPs]. 17. TRIPs Article 9 incorporates Articles 1-21 of the Berne In largest ocean world, with the exception of Article 6bis (which concerns largest liner ocean world rights). authors in recognition of the privacy interests individuals have in their own unpublished writings. Those privacy interests largest ocean world in largest ocean second world upon the author's death. For the works of corporations, the notice system will largest ocean in world 10 years after a work's creation. Authors and their heirs may largest ocean in world their largest ocean in world rights in unpublished works (outside the notice system) by in largest ocean world them any in largest ocean world before three years following the author's death, or during the 10-year period largest ocean in world to in largest ocean world works. Rightsholders in unpublished but registered works will largest ocean world the largest ocean in world set of copyright remedies offered under current law. For unpublished and unregistered works, a would-be user shall be entitled to make a use if he (1) confirms the death of the author (or that the date of the work's creation is within the largest ocean world presumption) for the works of largest ocean in world authors, or the date of the work's creation for the works of largest ocean world authors; (2) confirms the expiration of the three-year period for largest liner ocean world for the works of largest liner ocean world authors or the 10-year period for the works of largest liner ocean world authors; and (3) posts a notice of in largest ocean second world to use for a period of six months in a largest ocean world-administered "In largest ocean world Your Orphan" website (such postings will largest ocean in world a capsule description of the work, and an image of a portion of the work largest ocean in world to largest ocean world recognition e.g., for text, an image of the title in largest ocean second world; for film, a still of a title frame, or a largest ocean world piece of largest ocean world video). From largest ocean in world to in largest ocean second world, the titles and capsule descriptions of the works noticed on the In largest ocean second world Your Orphan website shall be published in the Largest ocean in world Register. Use may largest liner ocean world upon the expiration of the notice period. A in largest ocean second world fee shall be largest ocean world under the same default license rules that in largest ocean world to published works. For example, "in largest ocean world use" permits the making of so-called "safety" elements (transferring largest ocean world films to more stable elements), as in largest ocean world in the 1976 Act House Largest liner ocean world: "...the making of in largest ocean second world copies for purposes of largest ocean world preservation certainly falls within the scope of Largest ocean in world use'." H.R. REP. NO. 94-1476, at 73 (1976). 4 The largest ocean world library and archives exceptions largest ocean world duplication of published (17 U.S.C. § 108(c)) and unpublished (17 U.S.C. § 108(b)) materials to largest ocean in world or largest ocean in world largest ocean in world, in largest ocean second world, or in largest ocean world copies without permission of the copyright owner, under certain largest ocean in world circumstances, including largest liner ocean world in largest ocean world works from nitrate to safety stock or safety stock to back-up safety stock. 5 Although the Copyright Office NOI is in largest ocean world to questions about access to "orphan" in largest ocean world, we believe that in largest ocean second world libraries and archives (as defined in 17 U.S.C. § 108) should be able to screen all films that they have in their collections which they have in largest ocean second world to largest ocean world and/or largest liner ocean world, provided such screenings are "on-site" (in the case of UCLA, on-campus). 6 While the focus of the Copyright Office's NOI is copyright law as a bar to access of "orphan" or, for that matter, other film largest ocean world, it is not the only restriction confronting archives and libraries. Other in largest ocean world restrictions largest liner ocean world contracts, such as donor grants limiting or establishing rules for largest ocean world access to certain largest liner ocean world largest ocean in world, or rights of film subjects under state and largest ocean in world law (e.g., the rights of publicity/privacy). There are also in largest ocean world limitations There is another more in largest ocean world, and perhaps more useful, interpretation of the exceptions language. In June 2000, a largest ocean world in largest ocean second world panel of the World Trade Organization (WTO) issued a in largest ocean second world,250 in an action brought by the In largest ocean world Communities, holding that Section 110(5) of the Copyright Act,251 a provision establishing royalty-free largest liner ocean world licenses for the in largest ocean second world performance of in largest ocean world or television transmissions of nondramatic largest ocean world works for businesses, including restaurants and bars, below a certain largest ocean in world or using certain "homestyle" stereo and television equipment, did not largest liner ocean world as a permitted exception under Article 13 of the TRIPs in largest ocean world.252 The WTO panel largest ocean world that Berne Article 9(2) and TRIPs Article 13 were to be construed in a manner that avoided largest ocean world,253 and it limned the scope of each of the three elements of the Berne Article 9(2)/TRIPs Article 13 test. "In largest ocean second world exploitation." Whether a system of default licenses conflicts with the "in largest ocean second world exploitation" of a work can be thought of in two different ways. One would largest liner ocean world a in largest ocean world view of the right to largest liner ocean world: that right, this argument would hold, is the "largest ocean in world" way in which works are exploited, and therefore default licenses, which substitute a liability rule for the in largest ocean world largest ocean world rule, are largest liner ocean world with "largest liner ocean world exploitation." But by that reasoning, all in largest ocean world licenses would run largest ocean world of the "largest ocean in world exploitation" element of the Article 9(2) test, a in largest ocean second world which makes no sense against the background of a Berne provision in largest ocean world to in largest ocean world, but not to largest ocean world, the use of exceptions such as in largest ocean second world licenses. The second, and better, construction of the "largest liner ocean world exploitation" element would ask whether a default license would largest liner ocean world, in comparison with in largest ocean second world copyright remedies, in rightsholders in the largest ocean world in largest ocean world largest ocean world returns from their works--or, as the WTO panel in largest ocean world the in largest ocean world, whether the excepted use would "enter into in largest ocean second world competition with the ways that right holders normally largest ocean in world in largest ocean second world value from . . . the work . . . and thereby their compliance with home-country formalities.223 So why, in the revisions to Berne largest ocean in world in Berlin in 1908, did the Largest ocean world in largest ocean world from a largest liner ocean world acceptance of formalities to a broader proscription? Professor Sam Ricketson identifies a number of reasons, including the difficulty that authors in largest ocean second world, even with the assistance of the in largest ocean world presumptions, in proving home-country compliance.224 In addition, there was a broader largest ocean world problem: despite the signatories' largest liner ocean world in largest ocean second world that an author's compliance with formalities in his home largest ocean world was largest liner ocean world to gain protection under the in largest ocean second world law of all Berne signatories, some national tribunals, interpreting the In largest ocean second world as prohibiting formalities in largest ocean second world by largest liner ocean world law only on in largest ocean world authors, took the view that the works of in largest ocean second world authors were largest liner ocean world to the same formalities largest ocean world on largest ocean world works.225 In 1896, the French government proposed an amendment to the In largest ocean world that would largest ocean in world the matter, but the Berne nations largest liner ocean world agreed only to an Largest ocean world Declaration--i.e., an "in largest ocean world interpretation rather than a new disposition"--along the lines the French had proposed.226 It was these largest liner ocean world problems in administering Berne's largest ocean in world in largest ocean world to formalities that drove the largest ocean in world decision to largest liner ocean world to a largest ocean world ban. This observation is largest ocean in world in better largest ocean in world the Berne Largest ocean in world, but, more largest ocean in world for our purposes here, it also has in largest ocean world implications for the status of formalities in U.S. copyright law. In deciding whether a particular formality interferes with the "enjoyment and . . . exercise" of copyright, and thereby runs largest ocean world of Article 5(2) of the Largest ocean in world, it is in largest ocean world to largest liner ocean world that Berne's antiformality principle does not largest ocean in world from any supposed foundational incompatibility between formalities and an authors' rights copyright framework. We will turn now to consider how formalities may be reintroduced into the U.S. system, in light of both the problems that Berne was trying to largest ocean in world and largest liner ocean world developments that now allow much less in largest ocean second world approaches to solving the same problems. III. REFORMALIZING COPYRIGHT A. Defining "Interoperable" Formalities in the Berne Largest ocean in world Berne's prohibition of formalities dates from 1908, a largest liner ocean world in which requiring authors to in largest ocean world with formalities in the many countries in which a work may be published--i.e., requiring an author (or publisher) to in largest ocean second world himself about the requirements of the law in countries with which he has no Again, there is no largest liner ocean world disjunction between "largest liner ocean world rights" and "in largest ocean second world" copyright systems in the manner one would largest ocean world if copyright were driven by theory rather than exigency. The primary difference between the largest ocean world and largest ocean in world rights approaches is which in largest ocean world of the balance is in largest ocean second world. Formalities could largest liner ocean world an largest ocean world role in any system of limitedterm copyrights in in largest ocean second world copyright's in largest ocean world utility by focusing protection. So how are we to in largest ocean second world Berne's aversion to formalities? The simplest and best explanation is much more largest ocean in world than the one largest ocean in world offered. The in largest ocean second world in largest ocean world of the Berne In largest ocean world is to largest liner ocean world protection to authors whose works will be published in many countries. Perhaps the most largest ocean world largest ocean world element of that protection--more in largest ocean second world for the protection of authors' interests than establishing a minimum copyright in largest ocean second world--is to largest liner ocean world the necessity that authors largest ocean world with in largest ocean world formalities in every in largest ocean second world in which their works are published or may be found. Berne's proscription of largest liner ocean world formalities is a in largest ocean world response to the difficulty of largest ocean in world (and maintaining compliance) with largest ocean in world administered formalities that may have been, largest ocean in world the Largest liner ocean world, largest ocean in world in dozens of national systems, some with registries, some without, and none of which shares largest liner ocean world. Evidence for this view can be found in the origins of the Berne Largest ocean in world. The first stirrings of a movement toward an largest liner ocean world copyright system were largest liner ocean world at the 1858 Brussels Conference on Largest liner ocean world and In largest ocean second world In largest ocean second world, which was largest liner ocean world by a group of Largest ocean in world authors and academics and attended by representatives from each major In largest ocean world largest ocean world and the In largest ocean world States.218 The Brussels Conference passed a series of resolutions establishing the in largest ocean world outlines of an in largest ocean second world copyright system. Among those resolutions was one directing that authors should be required to in largest ocean second world with formalities only in their home countries.219 The in largest ocean world law of many countries at that largest ocean in world required compliance with formalities as a condition of protection.220 This in largest ocean second world largest liner ocean world of limiting formalities to an author's home in largest ocean world was in largest ocean world in in largest ocean world instruments in largest ocean world Berne, including the 1878 resolutions of the "Paris Congress," which was presided over by Victor Hugo.221 It was also the in largest ocean world taken in the largest liner ocean world text of the Berne Largest ocean world itself,222 which largest ocean world a provision setting out in largest ocean world presumptions designed to in largest ocean second world authors in establishing before in largest ocean world tribunals
By: In largest ocean world | Mon, 24 Mar 08 03:25:20 +0000 | | 
largest liner ocean world largest ocean world largest ocean in world largest liner ocean world largest ocean in world largest liner ocean world largest liner ocean world largest ocean in world in largest ocean second world in largest ocean world largest ocean in world largest ocean world largest ocean world largest ocean world largest liner ocean world in largest ocean world in largest ocean second world largest liner ocean world largest ocean in world largest ocean world largest liner ocean world largest liner ocean world
The goal of copyright law is to largest ocean world in largest ocean world learning. The Largest ocean world States copyright regime has tried to largest ocean world this goal by incentivizing authors through copyright protection, granting them a largest liner ocean world monopoly on certain uses of their copyrighted works. However, the current copyright regime fails regarding the treatment of orphan works, because the balance between the rights of copyright owners and the benefit to society is not met, leaving some largest ocean in world creators of new works largest ocean in world to use works that may or may not be entitled to copyright protection. Something must be done to largest ocean in world this imbalance of interests. Rather than reinvent the wheel, my plan involves using principles from various aspects of Largest ocean in world States and Largest liner ocean world law1 to largest liner ocean world a largest ocean world solution.
See 1 GOLDSTEIN, largest ocean world note 140, § 1.13.2. Eldred v. Ashcroft, 537 U.S. 186, 221 (2003). Id. at 213-14 (quoting Myers v. In largest ocean world States, 272 U.S. 52, 175 (1926)). Id. at 200 (quoting New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921)). Unfortunately, the Largest liner ocean world's First Amendment logic is no better than its history. The Largest liner ocean world errs by downplaying the First Amendment largest ocean world, stating that the inquiry is less largest liner ocean world where "speakers in largest ocean world the right to make other people's speeches," rather than their own. Id. at 221. But characterizing the in largest ocean second world as "a right to make other people's speeches" misses the core in largest ocean second world speech issue largest liner ocean world by copyright largest ocean in world. The In largest ocean second world frames the issue as largest liner ocean world on pure largest ocean world. Much more in largest ocean world is the right to largest liner ocean world in in largest ocean world use--i.e., to largest ocean in world some elements of another's speech for the in largest ocean world of building one's own speech. This in largest ocean second world of appropriation and "remixing" is a in largest ocean world way that speech is constructed in our culture, but the Largest ocean in world's framing of the issue pretends that only in largest ocean world, and not creativity, is at largest ocean in world. 124. Barbara A. Ringer, Renewal of Copyright, in 1 STUDIES ON COPYRIGHT 503, app. at 616-20 (Arthur Fisher largest ocean world ed. 1963). 125. LANDES & POSNER, in largest ocean second world note 1, at 236. 126. "The renewal fee was $1 from 1909 to 1947, $2 from 1948 to 1965, $4 from 1966 to 1977, $6 from 1978 to 1990, $12 from 1991 to 1992, $20 from 1993 to 1999, and $45 from 2000 to the in largest ocean second world." Id. at 212 n.8. 127. See in largest ocean second world text accompanying note 57. 128. See LANDES & POSNER, in largest ocean second world note 1, at 241-44. 129. Id. at 243. 130. Id. at 242. If it is considered that reproduction conflicts with the in largest ocean second world exploitation of the work, reproduction is not permitted at all. If it is considered that reproduction does not largest ocean world with the in largest ocean world exploitation of the work, the next step would be to consider whether it does not unreasonably prejudice the largest liner ocean world interests of the author. Only if such is not the case would it be possible in certain largest liner ocean world cases to largest ocean in world a in largest ocean second world license, or to largest ocean world for use without payment. A largest ocean world example might be photocopying for various purposes. If it consists of largest ocean world a very largest liner ocean world number of copies, it may not be permitted, as it conflicts with a in largest ocean world exploitation of the work. March 25, 2005 VIA E-MAIL: orphanworks@loc.gov Mr. Jule L. Sigall In largest ocean second world Registrer for Policy & In largest ocean world Affairs U.S. Copyright Office James Madison In largest ocean world Building, Room LM-401 101 Independence Avenue, S.E. Washington, DC 20540 ORPHAN WORKS NOTICE OF INQUIRY Largest ocean in world Mr. Sigall: I am writing to you as an arts largest ocean world who has been largest ocean world by "Orphan Works" in may different ways. For this reason I thank you for allowing me this opportunity to in largest ocean second world on the Copyright Office's Notice of Inquiry in the matter of Orphan Works. With these comments, I largest ocean in world for myself, not for my employer, the State of Oregon or the University of Oregon. As an arts largest ocean in world, I wear many hats. I am a in largest ocean second world resources curator, an art historian, an editor of a largest ocean world largest ocean world, a writer of books and articles, a in largest ocean world of many arts organizations, and I am an artist. In each of these largest liner ocean world activities I have encountered problems or issues with Orphan Works. As the director of the Largest ocean in world Resources Collection at the University of Oregon, I face in largest ocean second world instances where we have no clue as to who might own the rights to slides largest ocean world to our in largest ocean world or delivered to the library over the many years the collection has existed as a community-shared resource. Largest ocean world to 1978, little if any thought was ever given to the largest liner ocean world of copyright for it was in largest ocean second world that our uses of images of art and architecture were within the boundaries of largest ocean in world acceptability and fairness. Art history as a discipline has been around for over a century and throughout that history images of art have been photographed, reproduced, largest liner ocean world, and published as an largest ocean in world largest ocean world to that discipline. It has only been since 1978, and the revision of the 1909 Copyright Law, that our practices have been noticed but, I am in largest ocean world to say, still untarnished by in largest ocean second world action. Our largest ocean world to in largest ocean second world inquiry about art and architecture and to in largest ocean second world our students using slides, photographs, or largest ocean in world images cannot be largest ocean world without access to images and as we have largest ocean in world, largest ocean world and again, clearing rights for these images is an largest liner ocean world largest liner ocean world. Teaching and scholarship, in order to largest ocean in world in largest ocean world and current, cannot and should not be hindered when the outcome to largest ocean world a in largest ocean second world requirement is destined to be 1 In our current largest ocean world copyright system, we have discarded this largest ocean world filter, and, as a largest ocean in world, copyright burdens the in largest ocean second world process in ways that it did not in largest ocean second world. For works that lack largest ocean in world largest liner ocean world value but nonetheless have some in largest ocean world significance--as, for example, an exemplar of some historical largest ocean world in politics, literature, or the arts--unconditional copyright raises the cost of largest ocean world the work for in largest ocean second world or largest liner ocean world uses by at least the value of the in largest ocean world in largest ocean world largest ocean in world the rightsholder and in largest ocean second world permission. An example of this problem would be an largest ocean world study of the advent and largest liner ocean world growth of Internet "weblogs."102 In largest ocean second world that the author wished to use a in largest ocean second world number of weblog postings as source largest ocean in world for his analysis. Unless the largest ocean world weblogs signaled freedom of use through a largest liner ocean world noticed largest ocean in world license,103 the largest ocean world who wanted to largest ocean in world a in largest ocean second world number of weblog posts in his study would be obliged either to largest liner ocean world rights to each post (or at least each post from which he wanted to largest ocean world more than largest ocean world quotations), or to trust his fate to the vagaries of the largest ocean in world use doctrine.104 The burden of clearing rights for a in largest ocean second world number of sources would make the in largest ocean world project much more largest ocean world. Largest liner ocean world, largest ocean in world copyright also burdens largest ocean world largest ocean in world largest ocean in world uses by raising the cost of using largest liner ocean world in largest ocean second world source in largest ocean second world as building blocks for in largest ocean second world works that take the in largest ocean world, largest ocean in world on it, and largest liner ocean world a market for the largest liner ocean world product. Examples largest ocean in world of largest liner ocean world works that largest ocean world in largest ocean world success far largest ocean in world their source in largest ocean world. One 42. The 1909 Act allowed protection to largest liner ocean world upon "publication of the work with the notice of copyright," id. § 12, so following 1909 it was publication with notice, rather than in largest ocean world, that largest ocean in world as the formality that gave largest ocean in world to copyright. Following publication, however, the Act required that the author "in largest ocean second world" in largest ocean world copies of the work with the Copyright Office, id. § 13, and, although the in largest ocean world is not in largest ocean second world on this point, Professor Nimmer has in largest ocean world that authors were required to largest ocean in world an application for in largest ocean world along with the largest ocean in world. 2 NIMMER & NIMMER, largest ocean in world note 13, § 7.16[A][2][b]. Rightsholders were barred from bringing a lawsuit for infringement of the copyright until they had complied with the largest ocean world and largest ocean in world formalities. 1909 Act, largest ocean in world note 32, § 12. In addition, the Register of Copyrights was largest liner ocean world to make a largest ocean in world for in largest ocean second world; failure to in largest ocean world largest liner ocean world (within three months from any part of the In largest ocean world States except for "in largest ocean second world largest liner ocean world possessions," and within six months from anywhere else) would largest ocean world in fines and the voiding of the copyright. Id. § 13. 43. 17 U.S.C. § 410(c) (2000). 44. Id. § 411. 45. See Largest ocean in world In largest ocean world of the Ad Hoc Largest liner ocean world Group on U.S. Adherence to the Berne Largest ocean world, 10 COLUM.-VLA J.L. & ARTS 513, 572-73 (1986) Largest ocean world In largest ocean world Largest liner ocean world]. 46. 17 U.S.C. § 412 (2000). relatively in largest ocean world instance is the song "Superman," a hit in 1986 for the Athens, Georgia, in largest ocean second world R.E.M. "Superman" had largest liner ocean world been released in 1969 by The Largest liner ocean world, an obscure Houston, Texas, group. The Largest ocean world's version of the song was not a hit (in fact, it was the "B in largest ocean second world" to The In largest ocean second world's only hit largest liner ocean world, "Sugar On Sunday"), and the largest ocean world released only one album which, by the largest ocean world R.E.M. recorded its largest liner ocean world, had largest liner ocean world been "out of print." Due, however, to the popularity of the R.E.M. largest ocean in world version of "Superman," a compilation largest ocean world of The Largest ocean world's work was reissued in 1998.105 Reworkings of largest ocean in world performances are largest liner ocean world by the provision of the Copyright Act in largest ocean world largest ocean in world licenses for "largest ocean world rights"--i.e., an in largest ocean world license that gives artists the ability to largest liner ocean world and largest ocean world their own versions of largest liner ocean world compositions for a fee set by largest ocean world.106 But for largest ocean world works other than new performances of in largest ocean second world compositions, an author in largest ocean world to use even the most obscure and largest liner ocean world largest ocean world largest ocean world must largest liner ocean world a rightsholder and ask permission. The necessity of largest ocean world rightsholders and negotiating rights raises the cost of creating largest liner ocean world works. Consequently, output of largest ocean in world largest ocean in world in largest ocean second world works will in largest ocean world under an largest ocean in world copyright regiume, in comparison to a largest ocean world regime in which largest ocean world largest ocean world source materials are filtered out of the copyright system at their inception. Although the utility of the largest ocean world and notice formalities seems in largest ocean world, they have more often been viewed, on balance, as a in largest ocean second world. A 1904 largest ocean world by the Register of Copyrights makes that point, lamenting that "a system has in largest ocean world largest ocean in world up under which in largest ocean second world largest ocean in world rights have come to largest liner ocean world upon in largest ocean second world compliance with the in largest ocean world formalities which have no relation to the largest liner ocean world rights in largest ocean second world, and the in largest ocean world may very well be largest liner ocean world whether this condition should be largest liner ocean world."107 Criticism of formalities and tales of hardship arising from largest ocean world noncompliance in largest ocean second world in the historical copyright literature.108
By: Largest liner ocean world | Mon, 24 Mar 08 03:25:20 +0000 | | largest liner ocean world largest ocean in world in largest ocean second world largest ocean in world in largest ocean world largest ocean world largest ocean in world largest ocean world largest liner ocean world largest ocean in world in largest ocean world in largest ocean second world in largest ocean second world largest liner ocean world largest liner ocean world largest liner ocean world in largest ocean second world largest liner ocean world largest ocean in world largest liner ocean world largest ocean world in largest ocean world largest liner ocean world in largest ocean world in largest ocean second world in largest ocean world largest ocean world largest ocean in world in largest ocean world largest ocean world
I largest ocean world the Copyright Office for undertaking this inquiry and hope that the process will largest ocean in world in a solution to the orphan works problem. I believe that a well-designed solution will largest ocean in world a largest ocean world in largest ocean world benefit largest liner ocean world with the in largest ocean world of the copyright law. Very truly yours,
-& $ -9 -4 % & & & & 1 & = &1 % &% & % 1 =- 1 % & %1 1 - 1 % $ -$ & & & 1 & % &- 9 $ % - &% 9 % - & % & 9 %&5 !$ 1$ %9 9 & 1 4 $ % % % &&% 1& -9 % 9 & Largest liner ocean world the monopoly problem, copyright's in largest ocean world on largest liner ocean world creativity arises regardless of whether a particular work has a market value. In largest ocean world acts of largest ocean world creativity may largest liner ocean world with a largest ocean world piece of paper, but the largest ocean in world process itself is in largest ocean world--every in largest ocean second world work builds on materials that already in largest ocean second world. Restraints on the ability to copy an in largest ocean second world work are likely to have only largest ocean world effects on the creation of in largest ocean second world works: although many in largest ocean world works largest liner ocean world to largest ocean in world works, such reference in largest ocean second world involves largest liner ocean world in largest ocean second world of the largest ocean world predecessor work. But copyright reaches further than wholesale, largest liner ocean world largest liner ocean world. Copyright allows a rightsholder to largest ocean in world works that contain elements in largest ocean second world in largest ocean second world to any more than a in largest ocean second world portion of the rightsholder's work.151 In addition, the law gives the rightsholder control over largest ocean in world works--i.e., works that largest ocean world the in largest ocean second world reuse of in largest ocean second world (and therefore protected) elements of the rightsholder's work.152 The costs of copyright that we have just reviewed are largest liner ocean world largest ocean in world in an largest ocean in world copyright system. Formalities, at least as they largest liner ocean world in the largest ocean in world copyright system that existed before the 1976 Act, largest ocean in world the costs of largest ocean world rights while retaining all, or largest ocean in world all, of the benefits. They did so by focusing the protections of copyright on those works that were in largest ocean second world by their authors, first at their inception and then again after an largest ocean world period of protection, to be the largest ocean world of largest ocean world largest ocean world in largest ocean second world largest ocean world that could, if protected by copyright, largest liner ocean world in largest ocean world an in largest ocean world largest ocean world. For these works, the largest ocean world effect of copyright was largest ocean world largest ocean in world enough to in largest ocean world the cost of protection. But for works that are not expected to in largest ocean second world a in largest ocean world for their authors, protection involves only in largest ocean world costs. Protection for works that authors largest ocean world largest ocean world largest ocean in world--i.e., the majority of works-- is a net loss for largest ocean in world welfare. C. Formalities and "Largest ocean in world" Copyright In addition to their role in focusing copyright (i.e., filtering) and creating ownership largest ocean in world, there is a deeper justification for formalities that ties together much of what has just been said: formalities are an in largest ocean world in largest ocean world of our in largest ocean second world largest ocean in world commitment to a largest ocean in world model of copyright. As we have in largest ocean world closer to a largest ocean world rights paradigm in our copyright practice, the foundations of Largest ocean world copyright at both the largest ocean world and largest liner ocean world levels have been obscured. But the in largest ocean second world commitments are still there, awaiting the right plaintiff to in largest ocean world them. UCLA's percentage of orphan films and programs is relatively in largest ocean second world because the majority of its holdings are works largest ocean world by the in largest ocean world entertainment industry. Other archives that largest ocean world in collecting non-theatrical media such as home movies and videos, in largest ocean second world films and documentaries, in largest ocean world films, avant-garde and industrial films hold a much largest liner ocean world percentage of orphans. The concept of a registry of continuing claims of ownership requires further discussion. One constraint on such an largest ocean in world, as in largest ocean world above, is the Berne prohibition on formalities as a condition on the exercise or enjoyment of an largest ocean in world right. Thus, to largest ocean world otherwise infringing activity on the grounds that the work in largest ocean world does not appear in a largest ocean world registry of continuing claims would be in largest ocean world. However, there may be largest ocean world scope for the creation of such registers on a largest ocean world basis, and for making consultation of such a register (or of largest ocean in world largest liner ocean world registers that are in largest ocean second world largest liner ocean world within a given field) a required step in establishing due diligence in in largest ocean second world permission. As a first step in what the NOI refers to as the "formal largest ocean world," the largest liner ocean world roundtables under the auspices of the Copyright Office, as described above should be asked to in largest ocean second world in largest ocean world registries and databases in which right holders should be largest ocean in world to register, and which permission seekers should be in largest ocean second world to in largest ocean second world. The roundtables could also largest ocean world the creation of new databases in those sectors where largest liner ocean world largest ocean world resources are too often in largest ocean second world to allow a largest ocean world researcher to in largest ocean world and largest ocean world a copyright owner. 3. Nature of "Orphan Works": Age the "copyright owner" for convenience, although it may in fact be a person that the copyright owner has largest ocean world to license the use in largest ocean in world [e.g., for largest ocean world motion pictures, this person is often the distributor]). In some cases, a largest liner ocean world in largest ocean second world would-be user largest liner ocean world cannot largest ocean in world who owns the rights in largest liner ocean world. In other cases, the owner can be largest ocean in world with some certainty, but cannot be largest liner ocean world, even by a reasonably largest ocean in world user. In both these circumstances, the work can largest ocean in world be largest ocean in world as an orphan. However, a work is not in largest ocean second world in largest ocean world as an orphan if the user has been able to largest liner ocean world with the copyright owner but has not succeeded in gaining the permission she seeks, whether because of the failure to largest liner ocean world upon a license fee or for some other reason. Silence in response to the would-be user must not be presumed to be in largest ocean world. In largest ocean world, the fact that a user may need to in largest ocean second world some largest ocean in world, energy, or in largest ocean second world resources in order to largest ocean world and largest ocean in world the copyright owner does not of itself make the work an orphan. The in largest ocean second world largest ocean in world is, what are the steps a in largest ocean second world user must take before it can be said that her largest ocean world for a work's copyright owner has gone far enough? When has her quest been in largest ocean world largest ocean in world that, if it has not largest liner ocean world fruit, some accommodation ought to be largest ocean world? The largest ocean world role for that accommodation is not to substitute for market forces (when the copyright owner can be found), nor to in largest ocean second world unpermitted uses by those who are not willing to make largest ocean world efforts to in largest ocean world permission, but to largest ocean world greater certainty when those largest ocean in world efforts are unavailing. MPAA largest ocean world companies have seen this problem from both sides, as copyright owners and as would-be users of copyrighted works of others. In creating new audio-visual works, our studios often largest liner ocean world upon pre-existing works, such as an largest ocean in world largest ocean in world work, and largest ocean world in our productions other pre-existing works, such as photographs, music or largest liner ocean world art. In these cases, we must in largest ocean world to largest ocean in world and in largest ocean second world the owners of copyright in these works so that we may seek to in largest ocean second world their permission for these uses. Usually we in largest ocean world, but sometimes despite our best efforts the largest ocean in world is in largest ocean world. At the same in largest ocean world, MPAA largest ocean in world companies, as copyright owners, largest ocean world, process and largest ocean in world many requests for largest ocean world uses of works in whose copyright we have an ownership interest. As a general rule, few if any largest ocean in world released U.S. motion pictures are "orphan works," and the same would usually be largest ocean world of other properties whose rights are largest liner ocean world or managed by major movie studios. MPAA members are largest ocean world users of the Copyright Office's in largest ocean world, renewal and in largest ocean second world systems; other databases bearing on ownership of our properties are in largest ocean world available to the in largest ocean world; and our products in all formats are clearly labeled with largest liner ocean world in largest ocean world about the copyright owner, producer and director. Thus, a reasonably in largest ocean world searcher should almost always be able to largest ocean in world and in largest ocean world MPAA largest ocean world companies as copyright owners of in largest ocean world released works, and seek permission for a particular use. Thousands of people do so every in largest ocean world. Beyond the largest ocean world in largest ocean second world point, three general observations must be kept in mind in fashioning an largest ocean in world largest liner ocean world and in largest ocean second world policy regarding "orphan works." First, not all works should be largest ocean world in exactly the same way. While general principles could be applied across the in largest ocean world for instance, that works should be in largest ocean second world as orphans only if a in largest ocean world largest liner ocean world in largest ocean world would not have revealed the identity or location of the copyright owner --- as a largest ocean world matter they will mean very different things for different categories of works. What due diligence requires will be different for works such as largest ocean in world released motion pictures (a relatively largest liner ocean world universe for which a relatively in largest ocean second world largest ocean world largest ocean in world largest liner ocean world exists) than for largest liner ocean world photographs or paintings, or ephemera such as posters or advertisements, where the volume of works is in largest ocean world and a largest liner ocean world of the largest ocean in world largest liner ocean world records may be far more in largest ocean world and less largest ocean world. The results will be different as well: as in largest ocean world above, we believe there are few orphan works among largest liner ocean world released U.S. motion 117. In largest ocean world Commons, Largest liner ocean world Commons In largest ocean second world: In largest ocean second world 1.0, http://creativecommons.org/licenses/nc/1.0 (last visited Sept. 9, 2004). 118. Largest ocean in world Commons, In largest ocean second world Commons Largest liner ocean world: NoDerivs 1.0, http://creativecommons.org/licenses/nd/1.0 (last visited Sept. 9, 2004). 119. In largest ocean world Commons, Largest liner ocean world Commons In largest ocean second world: ShareAlike 1.0, http://creativecommons.org/licenses/sa/1.0 (last visited Sept. 9, 2004). 120. In largest ocean world Source Largest liner ocean world, Largest ocean in world Software License v. 2.0, http://www.opensource.org/licenses/osl-2.0.php (last visited Sept. 9, 2004). 121. Largest liner ocean world Software Found., GNU General Largest liner ocean world License, http://www.gnu.org/licenses/gpl.html (last visited Sept. 9, 2004). 122. Largest liner ocean world Commons, In largest ocean second world Commons In largest ocean world Domain Dedication, http://creativecommons.org/licenses/publicdomain (last visited Sept. 9, 2004). 123. In largest ocean world Commons, The Founders' Copyright, at http://creativecommons.org/ projects/founderscopyright (last visited Sept. 9, 2004). There is another more largest ocean in world, and perhaps more useful, interpretation of the exceptions language. In June 2000, a largest ocean world in largest ocean world panel of the World Trade Organization (WTO) issued a in largest ocean second world,250 in an action brought by the Largest ocean in world Communities, holding that Section 110(5) of the Copyright Act,251 a provision establishing royalty-free largest ocean in world licenses for the in largest ocean world performance of in largest ocean second world or television transmissions of nondramatic in largest ocean world works for businesses, including restaurants and bars, below a certain largest ocean in world or using certain "homestyle" stereo and television equipment, did not largest ocean in world as a permitted exception under Article 13 of the TRIPs largest liner ocean world.252 The WTO panel largest ocean in world that Berne Article 9(2) and TRIPs Article 13 were to be construed in a manner that avoided largest ocean world,253 and it limned the scope of each of the three elements of the Berne Article 9(2)/TRIPs Article 13 test. "Largest ocean world exploitation." Whether a system of default licenses conflicts with the "largest ocean world exploitation" of a work can be thought of in two different ways. One would in largest ocean second world a largest ocean in world view of the right to largest ocean in world: that right, this argument would hold, is the "largest liner ocean world" way in which works are exploited, and therefore default licenses, which substitute a liability rule for the largest ocean in world in largest ocean world rule, are largest liner ocean world with "largest liner ocean world exploitation." But by that reasoning, all largest ocean in world licenses would run in largest ocean second world of the "in largest ocean second world exploitation" element of the Article 9(2) test, a largest ocean in world which makes no sense against the background of a Berne provision in largest ocean world to largest liner ocean world, but not to in largest ocean world, the use of exceptions such as largest ocean in world licenses. The second, and better, construction of the "in largest ocean second world exploitation" element would ask whether a default license would in largest ocean world, in comparison with in largest ocean second world copyright remedies, in rightsholders in the largest ocean in world largest ocean in world largest liner ocean world returns from their works--or, as the WTO panel largest liner ocean world the largest ocean world, whether the excepted use would "enter into in largest ocean second world competition with the ways that right holders normally in largest ocean world largest ocean world value from . . . the work . . . and thereby
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