Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Research Identifier An unambiguous reference to the resource within a given context CleanUrl: research Description A description of the content of the resource or work <p class="p1"><span class="s1">Entries in this section of the Copyright Cortex include both peer-reviewed and non-peer-reviewed research, exploring the law of copyright and its effects on policy and practice in a variety of cultural heritage contexts. From managing the risks associated with making orphan works available online to claiming copyright in digital surrogates of public domain works, this section catalogues data, evidence, and commentary across a wide range of topics. </span></p> <p class="p1"><span class="s1">If you have any recommendations for material that should feature in this section of the Copyright Cortex please do let us know. You can contact us at: </span><a href="mailto:info@copyrightcortex.org"><span class="s2">info@copyrightcortex.org</span></a></p> Journal Article URL http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1968&context=btlj Volume 27 Pages (from-to) 1431-1470 Journal Title Berkeley Technology Law Journal ISSN 1086-3818 Institution University of California Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Abandoning the Orphans: An Open Access Approach to Hostage Works Creator An entity primarily responsible for making the resource Lydia Pallas Loren Date A point or period of time associated with an event in the lifecycle of the resource 2012-01-01 Abstract A summary of the resource. The lengthening of the duration of copyright protection and the elimination of copyright registration formalities have contributed to the rise of so-called orphan works: works that remain subject to copyright law but whose owners cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. In this Article I examine one of the root causes of the inability to address the orphan work problem: the metaphor of the “orphan” itself. I propose that these works should not be viewed as orphans, but rather as “hostages” — constrained in their movement by the restricting combination of the set of rules established by copyright law and the absence of the owner who could release the works from what binds them in their confinement.The hostage metaphor leads to a clearer recognition that what is needed is not a stand in for the “parent” of these orphans, rather what is called for is an incentive for responsible parties to operate as “special forces” to free the hostages. <p>I propose a limited immunity for entities that act as “special forces” in freeing the hostages. The immunity should be available when an entity non-negligently identifies a work as a hostage work and provides an open access copy of that work with the hostage-freeing information attached in human and machine readable form. I also suggest that courts should employ equitable doctrines to limit the infringement remedies available against derivative work creators that would discourage copyright owners from delaying in making their presence and availability known. Adopting this approach would provide an appropriate level of protection for copyright owners and significantly reduce a form of waste created by the hostage work problem.</p> Publisher An entity responsible for making the resource available <a href="http://scholarship.law.berkeley.edu/btlj/">University of California Berkeley School of Law</a> Language A language of the resource ENG Rights Holder A person or organization owning or managing rights over the resource. In Copyright Rights Information about rights held in and over the resource All Rights Reserved Contributor An entity responsible for making contributions to the resource Victoria Stobo Identifier An unambiguous reference to the resource within a given context CleanUrl: aboning-the-orphans-an-open-access-approach-to-hostage-works Description A description of the content of the resource or work This journal article proposes a new metaphorical and legal approach to works commonly known as orphans: that they should be considered 'hostages' rather than 'orphans,' and that limited immunity should be offered to institutions that make such works available with identifying information in both human and machine readable format. Copyright Cortex Fields Extra CC fields for copyright information Jurisdiction Worldwide United States Size Details about the size of the resource (can be Bytes, Pages or Duration, depending on item type.) 323 KB 40 pp. Copyright Information Information about the copyright status of the record. In Copyright Keywords A selection of keywords that pertain to the article attached. copyright duration orphan works exceptions and limitations Visual Date Date of creation or availability of the resource that is shown to users. To be formatted as follows: 2017 January 7 2012 abandoned property neglected property