| 翻訳と辞書 |
| Orphan works in the United States ： ウィキペディア英語版 |
Orphan works in the United States
An orphan work is a copyrighted work whose owner is impossible to identify or contact.〔 This inability to request permission from the copyright owner often means orphan works cannot be used in new works nor digitized, except when fair use exceptions apply. Until recently, public libraries could not digitally distribute orphaned books without risking being fined up to $150,000 if the owner of the copyright were to come forward. This problem was addressed in the 2011 case ''Authors Guild et al. v. Google''.
==Background==
The orphan works problem arose in the United States from the Copyright Act of 1976, which eliminated the need to register copyrighted works. Instead, according to , all "original works of authorship fixed in any tangible medium of expression"〔17 U.S.C. 102.〕 are automatically granted copyright protection. This Act made obtaining and maintaining copyright protection substantially easier than the previous Copyright Act of 1909. It also made unnecessary any central recording system to track and identify copyright-holders, but also made it difficult to find or contact the creator of a copyrighted work if the person or organization was not readily known. Thus, any use of the orphaned work outside of what is permitted as fair use is potentially a violation of copyright. Potential users of orphaned works are often not willing to take on that risk of copyright violation, so they may individually investigate the copyright status of each work they plan to use.〔
To some, this scenario is not in the public interest; it limits works that are available to the public. It also discourages the creation of new works that incorporate existing works. Creators who want to use an orphan work are often unwilling to do so for fear that they will have to pay a huge amount of money in damages if the owner ever appears; the risk of additional liability or litigation may be too high. This makes the work of historians, archivists, artists, scholars, and publishers at times more difficult and costly than necessary. The issue arises in Wikipedia, where the copyright owner of a photo that would have illustrated an article may be unknown.
Libraries and archives do have limited privileges to make copies of certain orphan works under section H of .
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Orphan works in the United States」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|