United States Copyright Law - Orphan Works

Orphan Works

The "orphan works" problem arose in the United States with the enactment of the Copyright Act of 1976, which eliminated the need to register copyrighted works, instead declaring that all "original works of authorship fixed in any tangible medium of expression" fall into copyright status. The elimination of registration also eliminated a central recording location to track and identify copyright-holders. Consequently, potential users of copyrighted works, e.g., filmmakers or biographers, must assume that many works they might use are copyrighted. Where the planned use would not be otherwise permitted by law (for example, by fair use), they must themselves individually investigate the copyright status of each work they plan to use. With no central database of copyright-holders, identifying and contacting copyright-holders can sometimes be difficult; those works that fall into this category may be considered "orphaned".

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Famous quotes containing the words orphan and/or works:

    The obvious parallels between Star Wars and The Wizard of Oz have frequently been noted: in both there is the orphan hero who is raised on a farm by an aunt and uncle and yearns to escape to adventure. Obi-wan Kenobi resembles the Wizard; the loyal, plucky little robot R2D2 is Toto; C3PO is the Tin Man; and Chewbacca is the Cowardly Lion. Darth Vader replaces the Wicked Witch: this is a patriarchy rather than a matriarchy.
    Andrew Gordon, U.S. educator, critic. “The Inescapable Family in American Science Fiction and Fantasy Films,” Journal of Popular Film and Television (Summer 1992)

    When life has been well spent, age is a loss of what it can well spare,—muscular strength, organic instincts, gross bulk, and works that belong to these. But the central wisdom, which was old in infancy, is young in fourscore years, and dropping off obstructions, leaves in happy subjects the mind purified and wise.
    Ralph Waldo Emerson (1803–1882)