| Abstract: | LEGAL CONTEXT: Orphan works are copyright works where the right holders cannotbe found. Without the consent of the right holder, a user facespotential liability for the unauthorized use of the work. Museumshave a duty to make cultural materials available to the public.However, the orphan works problem may pose obstacles to thenormal functioning of a museum. This article explores the problemof orphan works as it pertains to museums. KEY POINTS: Legislative solutions are being considered in addressing theproblem of orphan works in the United States. The museums, asa lobbying group, initially advocated for a safe-harbour rule.The U.S. Copyright Office recommended a limitation on remediesrule. Any legislative solution tackling the orphan works problemmust balance the benefits of using orphan works against theexclusive rights of creators. PRACTICAL SIGNIFICANCE: This article will inform readers of the orphan works problem.In addition, the lobbying efforts of the museums in trying toobtain desirable legislation are explored. By understandingthe various interests involved, readers can better anticipatethe possible orphan work solutions that the United States mayadopt. |
