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Peering Into Copyright Office's Report on Orphan Works

By David M. Kohane and David S. Gold

What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these “orphan works” poses was the subject of a recent 106-page report by the U.S. Copyright Office titled, “Orphan Works and Mass Digitization” (2015 Report) (June 2015). The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act and permit the use of copyright-protected works without the permission of copyright owners who cannot be identified or located.

Although the 2015 Report includes a proposed legislative framework, its primary purpose was to revisit the orphan works problem in an organized and comprehensive fashion and to solicit comments from the general public.

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