More on Orphan Works

Lawrence Lessig has a great op-ed piece in the New Your times today on Orphan Works. His solution to the problem is one he has suggested many times before (I think I first read it in his Wired Magazine column several years back) - move to a system similar to patents.  The initial copyright period would be shortened and extensions would not be automatic. If the original owner still thought there was value in the work, they could extend there copyright for a small fee (he suggests $1).

A hired expert shouldn’t be required for an orchestra to know if it can perform a work composed during World War II or for a small museum to know whether it can put a photograph from the New Deal on its Web site. In a digital age, knowing the law should be simple and cheap. Congress should be pushing for rules that encourage clarity, not more work for copyright experts.

The current iteration of Lessig’s argument is framed from the standpoint of small public institutions like orchestras or museums wanting to display or perform certain works, but I’ve also seen it framed from standpoint of the mashup/remix culture.  From using samples in music to combining various prior works into something new.  If a work had no more value on its own and the author let it fall into the public domain, it is available sooner to those artists that could give it a new lease on life.

Mashups!?! Think this is just for people looking to steal some artwork?  Walt Disney built his empire on works in the public domain - all of the early animation masterpieces came from fairy tales in the public domain. If you’ve got a school-age daughter, you know how big Disney’s "Princesses" are, including Cinderella.

If you’re a Wisconsinite like myself, you’ve got a double chance to do something - both Senators Kohl and Feingold sit of the judiciary committee.  Take a moment to let them know your thoughts on the matter. You’ll have to use the contact forms on their respective sites, neither take direct emails.

See also previous post:
Great Analysis of Pending Orphan Works Legislation