Reply Comment of International Documentary Association et al., In the Matter of Orphan Works and Mass Digitization, No. 2012-12

Abstract

Comment submitted to U.S. Copyright Office in response to Notice of Inquiry on behalf of a coalition of documentary and independent film organizations. The commenters elaborate on the proposed orphan works solution that they support, and clarify the effect they believe the solution will have on stakeholders throughout the copyright system. The commenters observe support among a wide range of stakeholders for the Copyright Office’s 2005 approach, and remain convinced that this approach — a diligent search requirement before use, a limitation on remedies beyond reasonable compensation for rightsholders who later resurface, exceptions for non-commercial uses in some circumstances, and a savings clause that preserves fair use — is the optimal solution for the United States. In the commenters' view, this approach is the most likely to help users make valuable uses of orphan works, enhance the market for licensed works, and reduce the number of orphan works going forward.