Law School

Intellectual property: Orphan Work & Criticism of copyright


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An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works in the United States has increased dramatically since registration is optional and, thus, many works' statuses remain unknown.

Criticism of copyright, perhaps outright anti-copyright sentiment, is a dissenting view of the current state of copyright law or copyright as a concept. Critical groups often discuss philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society. They advocate for changing the current system, though different groups have different ideas of what that change should be. Some call for remission of the policies to a previous state—copyright once covered a few categories of things and had shorter term limits—or they may seek to expand concepts like Fair Use that allow permission less copying. Others seek the abolition of copyright itself.

Opposition to copyright is often a portion of platforms advocating for broader social reform. For example, Lawrence Lessig, a free-culture movement speaker, advocates for loosening copyright law as a means of making sharing information easier or addressing the orphan works issue and the Swedish Pirate Party has advocated for limiting copyright to five year terms in order to legalize the majority of its members' downloading of modern works.bers' downloading of modern works.

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