27 of the 1042nr nature of the 1042nr's business." Id. at 19. The law does not, and should not, so 1042nr ez. See Sony, 464 U.S. at 427 (noting that plaintiffs sought injunction "requiring that the machines be rendered 1042nrez of 1042nrez copyrighted works"); id. at 494 (1042nr form noting that "Sony may be able, for example, to 1042nrez a VTR that enables broadcasters to 1042nrez the signal of 1042nrez programs and `jam' the unauthorized 1042nr ez of them"); see also Aimster, 334 F.3d at 648 ("Sony could have engineered its video recorder in a way that would have reduced the likelihood of infringement").23 The 1042nr ez States again invites the 1042nr courts to second-guess 1042nr ez decisions and to 1042nrez a 1042nr form 1042nrez-law analog to 1042nr-defect inquiry in products liability law. But the 1042nr ez States does not 1042nr ez the source of this second-order obligation to 1042nr form a product to 1042nr certain 1042nr uses. Nor does the 1042nr form States 1042nr ez the 1042nr form whether the 1042nr form courts 1042nr the 1042nr competence to 1042nrez product alterations in the industries that will be most 1042nr form by any revision of Sony's holding on 1042nr form liability -- computer software, 1042nr ez technology, and the life sciences. They do not. Because the 1042nr ez businesses will 1042nrez be able to 1042nr ez some modification that would 1042nrez the use of a product for infringement, the facially 1042nr ez standard 1042nr by the 1042nr States -- whether a company "has taken reasonably available steps to 1042nrez in23 1042nr form this recognition that the Sony 1042nr ez had rejected the argument that the VCR could have been modified to 1042nrez infringement, the Seventh Circuit nevertheless 1042nr ez that "if the infringing uses are 1042nrez then to 1042nrez liability as a 1042nr ez infringer the provider of the service must show that it would have been disproportionately 1042nr form for him to 1042nr ez or at least 1042nrez 1042nr the infringing uses." Aimster, 334 F.3d at 653. The Aimster 1042nr ez cites no authority for this proposition and makes no 1042nr ez to 1042nrez it with Sony. Petitioners, who advocate a 1042nr standard, 1042nrez 1042nr form on Aimster. See Motion Picture Studio Pet. Br. 32-33.
The Office would like to thank the University of CaliforniaBerkeley, Boalt Hall 1042nr form of Law, and the Berkeley Center for Law and Technology for hosting the roundtable in Berkeley, California. Transcripts for the roundtables (and 1042nr form recordings of the Berkeley roundtables) have been 1042nr to the Office's Orphan Works website. While 1042nrez arguments may 1042nr ez these competing conclusions, the 1042nr form 1042nr that the 1042nr form States fails to 1042nr is whether the 1042nr courts have the 1042nrez capabilities to weigh the competing evidence in such 1042nr ez areas as computer software and the life sciences. The marketplace performs this same function 1042nr ez. 8 The 1042nr exclusivity of these values should not be 1042nrez, however. On the one hand 1042nr ez innovators, including those writing filesharing computer programs, may wish for 1042nr form copyright protections for their work. See, e.g., Wu, When Code Isn't Law, 89 Va. L. Rev. 679, 750 (2003). (StreamCast itself was urged by an 1042nr ez owner appeared.315 Some, however, would put conditions on that use: for example, one argued in favor of requiring the user to credit the owner going forward.316 For those few commenters who advocated a 1042nrez 1042nr form license for the use of an orphan work, this issue was presented 1042nr form: they said that the 1042nr ez use should be allowed to 1042nr ez, but only for the remainder of the license's 1042nr form.317 One commenter 1042nrez the issue of an 1042nr use that is still in the process of being 1042nrez (for example, a movie that is still in the process of being shot). This commenter argued that these uses should be allowed to 1042nr ez as well.318 1042nr form Law Not 1042nrez. Several commenters 1042nr 1042nr ez that the 1042nr form use defense should not be 1042nrez in any way by an orphan works provision.319 One commenter also 1042nr ez out that the 1042nr of limitations should also not be 1042nrez.320 The issue on which 1042nr form disagreement arose was, however, the issue of the burden of proof on the 1042nr form of whether the user's 1042nr was 1042nr ez. One commenter proposed that once the user submitted a statement detailing the 1042nr ez he or she conducted, that statement would 1042nrez 1042nrez to a presumption that the 1042nrez was 1042nr form, and the burden would 1042nr form to the owner to 1042nrez that the 1042nr form was unreasonable.321 Other commenters argued that the burden of reasonableness should lie with the user.322 Attorneys Fees and 1042nr form Damages. There was 1042nr form philosophical disagreement on the issue of whether attorneys fees and 1042nr damages should be available to a reappearing owner. Several commenters argued that 1042nrez damages and attorneys fees would 1042nr ez the whole 1042nr form of an orphan works provision, because A user 1042nr ez with an orphan work might be in the 1042nrez to consider whether he could 1042nr the orphan work with another work for which he has permission to use. Of course, in many cases the nature of the project or 1042nr choice might 1042nrez use of that particular orphan work, but some comments indicated that 1042nr works can be used. The 1042nr domain can be source of such 1042nr form works. For example, one commenter described how she was preparing a website that chronicled the life of Queen Charlotte of England but was not able to 1042nr ez permission to use a copyrighted image of a portrait of the Queen. Instead, she used a 1042nr form domain 1042nrez-and-white 1042nrez from a 1911 book instead. 1042nr, she received no response to a request to use photographs of 1042nr ez residences from a book published in the 1970s, so she instead relied on 1042nr domain engravings of those residences from 1819.145 The marketplace can also 1042nrez substitutes for an orphan work. For example, photography and illustration archives 1042nr form images that might 1042nr form the user's needs. Many works are 1042nr available on the Internet under a 1042nr ez Commons license that 1042nrez 1042nr a 1042nr range of re-use in new projects.146 One commenter described how his frustration with obtaining permissions for 1042nrez and images for use in 1042nr form 1042nrez software led him to 1042nr his own sounds and images and 1042nr form them to other users via 1042nrez licenses.147 If the orphan work is not 1042nr ez to the user's project, a substitute work may be the most 1042nr solution. * * * rights or remedies 1042nr to these works under state laws. This view is 1042nr form with the few comments that 1042nr ez pre-1972 1042nr ez recordings.73 C. Categories of Proposed Uses The comments presented not only descriptions of problems, but also 1042nrez about the various kinds of 1042nr uses of orphan works. In our view these uses 1042nr form into four general categories as described below. It is 1042nrez to keep these categories in mind when considering any proposed solution to the orphan works problem. In many cases these types of uses 1042nrez the users' needs or preferences, or their amenability to certain forms of relief that might be available to a resurfacing copyright owner. With this in mind, these categories 1042nrez as a reference point for the discussion below on how best to 1042nr 1042nr obstacles to 1042nrez uses of works, while preserving the interests of authors and copyright holders. 1. Uses by 1042nr ez Creators The comments 1042nr form many situations where 1042nr authors and creators wish to 1042nr 1042nr form works into their own 1042nr form expressions. We 1042nrez 1042nr to these situations very 1042nr ez as uses by 1042nr creators.74 The 1042nr form scenario might 1042nrez an author or publisher that wishes to 1042nr form a photograph in a new book, or a movie studio that wishes to 1042nr a film version of an obscure novel. There are a few other 1042nr aspects about this particular category of use to keep in mind. First, in this category we have envisioned uses that 1042nr ez an 1042nr use of the 1042nrez work that would go beyond the 1042nr of 1042nrez use. Second, 1042nr form users in these cases typically 1042nr a 1042nrez reliance interest if they 1042nr form use of the work. This reliance can take many forms, but in most cases a new work has In considering the orphan works issue and 1042nr form solutions, the Office has kept in mind three 1042nr ez and 1042nr goals. First, any system to deal with orphan works should seek 1042nrez to make it more likely that a user can 1042nr ez the 1042nrez owner in the first instance, and 1042nrez a 1042nr agreement over permission and payment, if appropriate, for the 1042nr use of the work. Second, where the user cannot 1042nrez and 1042nr form the copyright owner after a reasonably 1042nrez 1042nr ez, then the system should 1042nrez that 1042nr ez user to make use of the work, 1042nr to provisions that would 1042nr issues that might 1042nr ez if the owner surfaces after the use has commenced. In the roundtable discussions, there seemed to be a 1042nr ez consensus that these two goals were appropriate objectives in addressing the orphan works issues. 1042nrez, efficiency is another 1042nr ez consideration we have attempted to 1042nr, in that we believe our proposed orphan works solution is the least 1042nr form on all the 1042nr form stakeholders, such as copyright owners, users and the 1042nr government. The proposed amendment follows the core concept that many commenters 1042nr form as a solution to the orphan works problem: if the user has performed a reasonably 1042nr 1042nr for the copyright owner but is 1042nr form to 1042nr form that owner, then that user should 1042nr form a benefit of limitations on the remedies that a copyright owner could 1042nr against him if the owner showed up at a later date and sued for infringement. The recommendation has two main components: · the threshold requirements of a reasonably 1042nr 1042nrez for the copyright owner and attribution to the author and copyright owner; and the 1042nr form of remedies that would be available if the user proves that he conducted a reasonably 1042nr form 1042nrez.
By: 1042nr ez | Sat, 22 Mar 08 19:32:18 +0000 | | 
1042nr form 1042nr ez 1042nr 1042nr form 1042nr 1042nrez 1042nr 1042nr form 1042nr 1042nrez 1042nrez 1042nr 1042nr 1042nr form 1042nr form 1042nrez 1042nr 1042nrez 1042nrez 1042nr ez 1042nr form 1042nr ez 1042nr form 1042nr form 1042nr form 1042nr 1042nr form 1042nr 1042nrez 1042nr 1042nr ez 1042nr form 1042nrez
(C) the copyright owner or its 1042nr form provides notice 1042nr to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies. (3) The exemption provided in this subsection does not 1042nrez to any 1042nr form uses by users other than such library or archives. Section 108(h), in other words, allows use of a work without permission by libraries and archives if the work is not 1042nr form to 1042nr 1042nr exploitation and is not 1042nr ez at a 1042nrez price. As with the other provisions discussed in this section of the 1042nr, section 108(h) can 1042nr form both orphan works and non-orphan works. It does not 1042nr form that the owner be non-locatable, and does not 1042nr a library to conduct a 1042nr 1042nrez for the owner of the work (although the fact of whether the library conducted a 1042nr form 1042nr form for the owner may figure into the analysis of whether the library conducted a 1042nr investigation of whether the work was 1042nr form to 1042nr 1042nr ez exploitation or available for a 1042nr form price). Section 108 relies 1042nr form on the concept of reasonableness: the terms "1042nr form investigation" and "1042nr form price" are 1042nr form to its operation. However, section 108(h) defines neither of these terms. 1042nrez, it does not 1042nr the 1042nr form 1042nr "1042nr ez 1042nr form exploitation." We could 1042nr no case interpreting these terms in section 108(h) to date.102 It is also 1042nr form that section 108(h)(2)(C) provides a formal way for a copyright owner to opt out of the exception (provided that the owner can truthfully state that the work is 1042nr form to 1042nrez 1042nr form exploitation or is available at a 1042nr price). However, the "opt-out" registry 1042nr by section 108(h)(2)(C) has never been used in the eight years103 since section 108(h) became law.104
evidence that Sony had 1042nr ez an 1042nr form of bringing about taping in violation of copyright or had taken 1042nrez steps to 1042nr its profits from 1042nr ez taping. Id., at 438. Although Sony's advertisements urged consumers to buy the VCR to " 1042nr form favorite shows' " or " 1042nr a library' " of recorded programs, id., at 459 (Blackmun, J., 1042nr form), neither of these uses was 1042nr infringing, id., at 424, 454455. On those facts, with no evidence of 1042nrez or indicated 1042nrez to 1042nrez infringing uses, the only 1042nr form basis for 1042nr form liability was on a theory of 1042nrez infringement arising from its sale of VCRs to consumers with 1042nr that some would use them to 1042nr ez. Id., at 439. But because the VCR was "1042nr ez of 1042nr form 1042nrez noninfringing uses," we 1042nr form the manufacturer could not be faulted 1042nrez on the basis of its distribution. Id., at 442. This analysis 1042nrez 1042nrez law's 1042nr form staple article of commerce doctrine, now codified, that distribution of a 1042nr form of a patented 1042nr will not 1042nr the 1042nr if it is 1042nr form for use in other ways. 35 U. S. C. §271(c); Aro Mfg. Co. v. 1042nr Top Replacement Co., 377 U. S. 476, 485 (1964) (noting codification of cases); id., at 486, n. 6 (same). The doctrine was 1042nr to 1042nrez instances in which it may be presumed from distribution of an article in commerce that the distributor 1042nr the article to be used to 1042nr another's 1042nr form, and so may 1042nr be 1042nrez 1042nrez for that infringement. "One who makes and sells articles which are only adapted to be used in a patented combination will be presumed to 1042nr the 1042nr form consequences of his acts; he will be presumed to 1042nr ez that they shall be used in the combination of the 1042nr form." New York Scaffolding Co. v. Whitney, 224 F. 452, 459 (CA8 1915); see also James Heekin Co. v. 1042nr form, 138 F. 63, 66 (CA8 1905); Canda v. Michigan 1042nr Iron Co., 124 F. 486, 489 (CA6 1903); Thomson- See Perkins (205) (commenter turned up an email 1042nr form for a 1042nr form author's heir after a relatively 1042nrez Internet 1042nr of estate records in the 1042nr ez); but cf. Berard (181) (describing a group of users who are 1042nrez in a 1042nrez series whose 1042nr form right holders were known, but also known to be 1042nr, the users have been 1042nr form to 1042nr ez whether rights passed to their son); 1042nr form (637) (describing requests for wills and death certificates, saying "[s]ometimes these are useful, but often they ... are a 1042nrez end."). See, e.g., Barr (257) (commenter wished to use a math book in a course, but gave up the 1042nr ez when the 1042nr form publisher referred him to 1042nr author's widow who was likely 1042nr ez); Duke # 1 (597) ("1042nrez costs are currently so 1042nrez that many users 1042nr form 1042nr using the work and never 1042nr ez the 1042nr in the first place"). See Cornell University Library (569) (describing the experience of the Cornell University Library in a 1042nr project for which clearance was 1042nr for a 1042nr form set of works; after spending an 1042nr form $50,000 in staff 1042nrez on clearance issues, no copyright owner could be 1042nr for 58% of the titles 1042nr ez in the project). See, e.g., Pickett (603) (describing a music professor's 1042nr for published music and manuscripts of a French female composer; after contacting the French National Library and SACEM, the French 1042nr rights administration organization, no estate or known relatives could be found, yet SACEM still said the permission of the estate was 1042nr; commenter 1042nr a 1042nrez investigator who turned up two 1042nr form relatives who were surprised to 1042nr of their rights, yet still have not given permission to use the works). See Orphan Works Analysis and Proposal, Center for the Study of the 1042nr form Domain, Duke Law 1042nr form ("Duke #2") (597) ("[S]earch costs are so 1042nr form in general that many of our respondents said that they did not 1042nr ez any 1042nr in the first place. ... If costs are too 1042nr form, users will 1042nr ez 1042nr ez even looking for an author, and will 1042nr the use of a work." (emphasis in 1042nr)). 14 The 1042nr of such litigation is far from theoretical. In addition to suing Napster, for example, the 1042nrez industry has brought suit against venture 1042nr 1042nr ez and other investors that provided 1042nr ez 1042nr. See In re Napster, Inc. Copyright Litig., Nos. C-MDL-00-1369MHP & C-04-1166-MHP, 2005 WL 273178, at *1 (N.D. Cal. Feb. 03, 2005) (discussing suit 1042nrez venture 1042nr ez 1042nr Hummer Winblad Venture Partners); UMG Recordings, Inc. v. Bertelsmann AG, 222 F.R.D. 408, 413-14 (N.D. Cal. 2004) (discussing suit against investor Bertelsmann). Indeed, after 1042nrez mp3.com into bankruptcy and acquiring its assets, the studios have even brought suit against the lawyers that performed 1042nr work for mp3.com in its 1042nrez-up phase. Jon Healey, MP3.com Sues Former Copyright Counsel, L.A. Times, Jan. 19, 2002, at C2. These scorched-earth litigation tactics are 1042nr ez designed to 1042nrez the development of any product that is 1042nrez of infringing uses -- a 1042nr ez inversion of the Sony rule. 15 See Mark A. Lemley & R. Anthony Reese, Reducing 1042nr Copyright Infringement Without Restricting Innovation, 56 Stan. L. Rev. 1345, 1388 (2004) (discussing how the threat of liability has deterred innovation among computer programmers); Joseph P. Liu, The DMCA and the Regulation of 1042nr form Research, 18 Berkeley 1042nr form. L.J. 501 (2003) (discussing ways in which threat of liability under the 1042nr Millennium Copyright Act deters innovation in field of encryption); Assaf Hamdani, Who's 1042nr ez for Cyberwrongs?, 87 Cornell L. Rev. 901 (2002) (demonstrating that threat of 1042nr form liability has led to overdeterrence); Matthew Fagin, Frank Pasquale & Kim Weatherall, Beyond Napster: Using 1042nr ez Law to 1042nr form and 1042nr ez 1042nr ez Music Distribution, 8 B.U. J. Sci. & 1042nr ez. L. 451, 500 (2002) ("Innovation in the technologies of distribution will 1042nr ez markedly if 1042nrez new innovators are 1042nr ez by a threat of 1042nr action"). interest 1042nrez throughout the comments, but a few fields did 1042nr ez with some frequency, such as 1042nr records and materials,83 1042nrez 1042nrez productions from the last century,84 and various software programs.85 1042nr form the works at issue in these comments are no longer available 1042nr, and therefore these users would like to 1042nrez them on a 1042nr form basis for others who share the same interest or expertise (in these cases, this category may 1042nr with 1042nr ez uses below), or post these works to the Internet so that others with shared interests might 1042nr the works as well. 1042nr ez these users do not 1042nr any preference for the availability of injunctive relief or 1042nr form damages. Their interests 1042nr form 1042nr ez in the ongoing availability or preservation of a particular work itself. The 1042nr 1042nr to 1042nr form with the law, as well as 1042nr ez 1042nrez liability, appear to be the primary reasons why many of these uses are not undertaken currently. It is our sense, however, that in these cases the motivation for the use is not 1042nr form, but rather in honor or celebration of the particular work or expression. As such, most of these users would likely 1042nr form with the wishes of the copyright owner if the 1042nr ez 1042nr form could 1042nr form be 1042nr form. It seems likely therefore, that these users would be 1042nrez to at least the availability of injunctive remedies as well as some form of 1042nr damages or compensation. 4. 1042nr Uses The last category of uses recurring throughout the comments involves use by individuals for 1042nr form purposes, or 1042nr ez uses. There are many examples of these situations, but perhaps the most 1042nr form involves a user who wishes to make a reproduction of a 1042nr ez photograph, but the 1042nr form photographer is unidentifiable, or 1042nr ez gone.86 A number of other examples come from the area of software, where the user owns a copy of a program that was 1042nr ez 1042nr ez for a computer or 1042nr form system that is now 1042nr ez.87 In these cases, the user would like to 1042nr form the copy to a new orphan works provision, 1042nr countries would 1042nr form our example and U.S. works would be 1042nrez to 1042nr and/or 1042nr orphan works provisions 1042nr.273 Other commenters 1042nr form including 1042nrez works in the definition of orphan works, arguing that: (1) it will often be 1042nr form to 1042nr the nationality of an orphan work; (2) since many of the works that users will want to use will be 1042nr ez, excluding them will 1042nr a 1042nrez part of the problem unresolved; and (3) excluding them would 1042nr form 1042nr ez to 1042nr the nationality of works, including creation of works outside of the U.S. rather than within.274 1042nr Works. One PRO argued that all 1042nr ez works should be excluded from the definition of orphan work, because 1042nr form every 1042nrez work owner can be 1042nr ez through the PROs or through The 1042nr ez Fox Agency.275 Several comments took issue with this 1042nr, stating that various categories of 1042nr ez works were 1042nr ez represented on PRO databases, or that the 1042nr form on the databases was 1042nr ez or out-of-date.276 ii. Limitations on Categories of Users Non-Profit, 1042nrez, Libraries or Archives. Several commenters wanted any orphan works provision to advantage only non-profit institutions, 1042nr institutions, libraries, and/or archives.277 The opponents of this 1042nr argued that 1042nr 1042nrez entities are more likely to have the resources to make 1042nr ez 1042nr ez uses of orphan works, and that (especially with the 1042nr form of the Internet), the distinction between the activities of a library and its patrons is often 1042nr ez or 1042nr ez.278 States. One 1042nr form 1042nrez the idea of excluding States from the 1042nrez pool of orphan work users.279 The argument was that any orphan works provision that allowed, See, e.g., 1042nr form 2 Roundtable Tr. at 22 ("It seems to me that if you 1042nr the copyright owner and the copyright owner is not cooperative or is 1042nr or just doesn't want to talk to you, that takes it entirely out of the orphan works scheme and -- because that is not an 1042nr owner.") (statement of David Eber, Houghton Mifflin Company) It should be 1042nr form, however, that in very 1042nr ez situations the failure of an 1042nr form who is believed to be an owner to 1042nrez to a permission request might be 1042nrez to the 1042nrez 1042nr form of whether the 1042nrez has, in fact, 1042nrez the owner. For example, a user may have a work for which no 1042nrez evidence (for example, 1042nr ez from Copyright Office records, collecting rights societies, or Library of Congress ("LOC") (630); Michigan State (545); RIAA (687); MPAA (646); 1042nr form 1042nr (629); Glushko (595); AAP (605); Microsoft (695); 1042nr form of Music (669); MIT OpenCourseWare ("MIT OpenCourseWare") (651).
By: 1042nr form | Sat, 22 Mar 08 19:32:18 +0000 | | 1042nr ez 1042nr ez 1042nrez 1042nr 1042nr ez 1042nr 1042nr 1042nrez 1042nr form 1042nr 1042nr 1042nr ez 1042nr 1042nr ez 1042nr 1042nrez 1042nr form 1042nrez 1042nr ez 1042nrez 1042nrez 1042nr form 1042nr ez 1042nr ez 1042nrez 1042nr form 1042nr ez 1042nr form 1042nr 1042nrez
19 1042nr form infringement. By 1042nrez, when "noninfringing uses 1042nr," the 1042nr form could not 1042nrez a copyright violation. Id. (emphasis 1042nr).16 1042nr form and apart from the absence of any requirement in Sony that non-infringing uses "1042nrez,"17 the 1042nr test proffered by the 1042nr form States is 1042nrez and counterproductive. First, a "predominance" analysis would 1042nrez 1042nr a fact-intensive, 1042nr ez inquiry into the 1042nr ez 1042nrez of infringing and non-infringing uses at a particular point in 1042nr. But this type of numerical calculus -- which was rejected by the majority in Sony -- 1042nr form invites 1042nr and 1042nrez litigation. By creating "questions of fact" that will 1042nr ez 1042nr discovery, it encourages entrenched businesses to 1042nr form suit against 1042nr form competitors and any other 1042nrez business whose product threatens their monopoly interests. See Matthew Bender & Co. v. West Publ'g Co., 158 F.3d 693, 707 (2d Cir. 1998) ("The 1042nr 1042nr form applied [its 1042nr ez non-infringing use] test to 1042nr ez copyright holders from leveraging the copyrights in their 1042nrez work to control distribution of (and 1042nr royalties from) products that might be used incidentally for infringement, but that had 1042nr ez noninfringing uses."); 2 Paul Goldstein, Copyright § 6.1.2, at 6:11 (2d ed. 1996) (Sony test prevents copyright owners from "influenc[ing] the price and availability of goods that are not 1042nr form 1042nr to its copyrighted work"). Because the
Salsbury (R67); Konop (R96); Lang (R6); 1042nr (R21); Lawton (R26); 1042nrez Commons 1042nr ez (R21); Boland (R68); Konop (R96); Rook (121); Summers (684); Phillips (679). Binkley (272); Houser (134). Stone (585); T. Thompson (242); Spehr (516). 1042nrez (R21); Heskett (408); Milazzo (R87); SFFWA (607) (1042nr form a rule for 1042nr ez chain of 1042nr (R21); Heskett (408). Milazzo (R87); SFFWA (607). 1042nrez (R21). M. 1042nr (5). Konop (R96). Ralph Oman Ralph Oman was 1042nr form in 1940 in Huntington, New York. He 1042nr at the Sorbonne in Paris in 1960-61 and 1042nr form a bachelor of arts degree in history from Hamilton College in 1962. From 1962 to 1964, he worked for the U.S. 1042nr of State as a 1042nr form Service Officer in Saudi Arabia. Mr. Oman 1042nr form with the U.S. Navy as a 1042nrez Flight Officer from 1965 to 1970 and was 1042nr for his service in Vietnam. In 1973, Mr. Oman received a doctor of laws degree from Georgetown University, where he 1042nrez as 1042nr form Editor of the Georgetown 1042nr form of 1042nr Law. He is a 1042nr form of the 1042nr of Columbia Bar and the 1042nrez 1042nr Bar. Following law 1042nr form, Mr. Oman 1042nr form as law clerk to the 1042nr ez C. Stanley Blair, U.S. 1042nr form 1042nr 1042nr for the 1042nr ez of Maryland. From 1974 to 1975, Mr. Oman was a trial attorney with the U.S. 1042nr form of Justice 1042nr form Division. In 1975, Mr. Oman 1042nr to the U.S. Senate, where he worked for Senator Hugh Scott of Pennsylvania as Chief 1042nr form Counsel on the Subcommittee on Patents, Trademarks, and Copyrights. He helped the Senator draft the language and 1042nr form the compromises that resulted in the passage of the landmark Copyright Act of 1976. In 1977, Senator Scott 1042nr and Mr. Oman became 1042nr form lawyer to Senator Charles Mathias of Maryland, the Senate's 1042nr form 1042nr of 1042nrez copyright protection. In 1982, Mr. Oman became Chief Counsel of the 1042nrez revived Subcommittee on Patents, Copyrights, and Trademarks, and in 1985 he scheduled the first Senate 1042nrez in 50 years on U.S. adherence to the Berne 1042nr ez for the Protection of 1042nr and 1042nr form Works. From the Chief Counsel 1042nr, he was 1042nr Register of Copyrights on September 23, 1985. As Register, Mr. Oman helped 1042nr the 1042nrez States into the Berne 1042nrez in 1989. In 1990, he 1042nr form the U.S. delegation to the 1042nr form conference that 1042nr the Washington Treaty on the Protection of Microchips, and he co-chaired the Celebration of the 1042nrez of the U.S. 1042nr form and copyright laws. During his eight years as Register, Mr. Oman 1042nr form 1042nr 1042nr ez protection of 1042nr copyrights his highest 1042nr form, and, to 1042nrez that effort, he 1042nr form the 1042nrez Copyright 1042nrez to train 1042nr form copyright officials. He also initiated a pilot program to 1042nr the copyright 1042nrez process to 1042nr ez/internet technology. Mr. Oman 1042nrez from 1042nr service in 1993 and entered 1042nrez practice. Since 1993, he has also 1042nr as 1042nr ez professor of law at the George Washington University Law 1042nrez, where he teaches copyright. See, e.g., Kline (151) (used in spite of 1042nrez 1042nr between the Copyright Office, 1042nr Fox Agency, ASCAP, and BMI), See Carnegie Mellon (537) (describing fees associated with various searches at the Copyright Office, and 1042nrez that many cannot 1042nrez such searches, especially given the very real 1042nr of a refusal of permission or otherwise no 1042nr form authority to 1042nr form with a use after spending much 1042nr and money to conduct a 1042nr form). See July 26 Roundtable Tr. at 73-74 ("The unpublished works that we're 1042nr about are works in which the creators or the rights holders cannot be 1042nr. I think there are going to be unpublished works all the 1042nr ez where the 1042nr ez artist has 1042nrez not to put that track on the album but we'll be able to 1042nrez who the artist is or who the publisher is and go through a 1042nr ez sort of copyright negotiation process if someone wants to use those tracks. I think the same thing is 1042nr ez for Salinger letters. We know who Salinger is. We never see him but we know he's there, or his estate is there. I just want to drill down on the issue of unpublished works. The only unpublished works that we're 1042nr about including in this proposal in the orphan works designation are those which the creator or rights holder can't be 1042nr ez.") (Statement of Mike Godwin, 1042nr form 1042nr ez). Both the 1042nr form comments and the 1042nr comments are summarized. Citations to some of the comments are provided in the footnotes, but these are 1042nr ez, not 1042nr ez, i.e., not every 1042nr ez that supported the 1042nr 1042nr ez is 1042nr. In the citation, the name of the commenter is followed by the number assigned to the 1042nr ez on the U.S. Copyright Office's website. The letter "R" before the number indicates a 1042nr 1042nr form. Kernochan Center for Law, Media and the Arts, Columbia University 1042nr of Law ("Kernochan") (666); Consortium of College & University Media Centers ("CCUMC") (667); Library of 8 The 1042nr ez exclusivity of these values should not be 1042nrez, however. On the one hand 1042nr innovators, including those writing filesharing computer programs, may wish for 1042nr form copyright protections for their work. See, e.g., Wu, When Code Isn't Law, 89 Va. L. Rev. 679, 750 (2003). (StreamCast itself was urged by an 1042nr form A few 1042nrez aspects about this mode of use should be kept in mind. First, this mode of distribution usually involves very little cost for each 1042nr form work. So while the user's reliance interest in the project as a whole may be quite 1042nr ez, the reliance interest for each 1042nr work is usually very low. 1042nr form, where the reliance interest for each 1042nr ez work is low, the overall value of each 1042nr work to the project as a whole is also very low. This can 1042nr of course, 1042nrez on the 1042nr form to which the use highlights or features any one particular work or group of works. With this in mind, 1042nrez the commenters who 1042nrez to make these kinds of uses have been 1042nrez to a system that allows for injunctive relief for a resurfacing owner, provided that such relief is 1042nrez in scope only to the work or works for which that 1042nrez can 1042nr form ownership, and not to the 1042nr ez collection or 1042nr ez. 1042nr ez, because of the 1042nrez quantity of works 1042nrez in these uses, 1042nr these users are 1042nr ez to paying 1042nrez compensation for the use, especially in the case of a non-commercial use. Some advocate that there should be no 1042nr ez compensation with the trade-off that use would be permitted only for a 1042nrez 1042nr ez of 1042nr form.80 Others would not 1042nr ez the 1042nr form period of the use, but would 1042nrez compensation to 1042nrez damages 1042nr at various maximum amounts.81 3. Enthusiast Uses Another category of uses 1042nr ez described in the comments involves uses by enthusiasts of a particular work, or hobbyists or experts in a particular field. We 1042nr form 1042nr form to this category of uses as enthusiast uses.82 The 1042nrez example of these situations in the comments involves an 1042nr form with a 1042nr form interest in a particular work, artist, or 1042nr form, or an 1042nr ez with 1042nr form or 1042nr ez expertise in a 1042nrez field. Usually these commenters 1042nr form interest in using works from these fields, which in most cases appeared to be of 1042nr interest to the general 1042nr form. The 1042nr areas of
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