The American Library Association is urging its membership to contact their senators and representatives in the U.S. Congress and press them to support the Senate version of a bill, S 2913, that would make it easier for people to exploit orphan works. These are books, films, photographs, music, and other creative works that cannot be reused by scholars and archivists because they are unable to find the works’ owners. Those who make use of the material risk incurring penalties for copyright infringement.
A comparable bill in the House of Representatives, HR 5889, is flawed, the library group states, because it includes a “dark archive” provision that would require people to notify the U.S. Copyright Office of their intention to use an orphan work. That provision would be onerous for scholars, who may be forced to confer with university lawyers before filing a notice with the copyright office, the library group states.
A House panel with jurisdiction over intellectual property issues is scheduled to discuss and vote on the bill Wednesday.—Andrea L. Foster
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