Morgan Lewis on Media: Spring 2006

In this Issue: Congress and the Copyright Office Focus on "Orphan Works."
In January of this year, the Copyright Office (the Office) released its Report on Orphan Works (the Report). The Report is the result of a study undertaken at the request of Congress to consider whether current copyright law places an undue burden on those who wish to use protected works when the relevant owners cannot be located after a reasonably diligent, good faith search. The focus on these so-called "orphan works" was precipitated by concerns that, in the absence of express permission to use an orphan work, a subsequent user may be forced to abandon or modify various creative and socially beneficial projects to avoid potential liability for copyright infringement. Congress has observed, in particular, that certain changes in the law may have stemmed the flow of works into the public domain.

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