[License-discuss] Orphan Works: Summary of proposed 17 USC 514

Michael R. Bernstein michael at fandomhome.com
Sat Dec 5 20:02:20 UTC 2015

On Fri, Dec 4, 2015 at 7:19 AM, Henrik Ingo <henrik.ingo at avoinelama.fi>
> This is interesting indeed. This is so unusual that I have to ask:
> what is the political context that has given rise to such a proposal
> that would make copyright law more sane, where usually all lobbying
> effort is towards more and longer restrictions?

My layman's perspective on that question is that:

   1. Orphan works owners by definition do not have a lobbying effort
   2. Large holders and producers of copyrighted works will now be able to
   'mine' orphan works for adaptation with little danger, creating new works
   that they can aggressively defend, and possibly will aggressively
   discourage others from making competing adaptations that are 'too similar'.
   That knife cuts both ways, but it is a game Hollywood is familiar with and
   very comfortable playing.

- Michael
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