Factors Contributing to Orphan Works Vis-À-Vis a Viable Solution

Abstract

The purpose of this dissertation is to characterize the status of Orphan Works in the digital Era and to recommend possible solutions. Firstly, I would discuss the Eldred v. Ashcroft with an aim to comprehend why copyright term has always been extended as such extension is contributing towards accumulation of Orphan Works. In the next chapter, I discuss The Shawn Bentley Orphan Works Legislation and try to analyze if searching the authors are worth blocking the knowledge. The current complexity of Copyright Law does little to inhibit the growth of infringing behavioral patterns to Orphan Works, henceforth, is Google Book a feasible solution? In my third chapter I attempt to problematize the Google Books Settlement and discuss its attributes. After discussing the aforementioned, I draw the conclusion that it would be in Congress’s best interest to pass the Orphan Work Legislation if Google Books settlement is a failure. If not, treatment of Orphan Works in other parts of the world can be used by US as an example (more of a risk analysis measure) and incorporate them in the Copyright Act.