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An Update on Orphan Works

Pike, George H. (2006) An Update on Orphan Works. Information Today, 23 (9). 1 - ?. ISSN 8755-6286

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Copyright law seeks to find a balance between opposing interests. On the one side are the interests of copyright owners, those who have created works and are seeking both commercial return and creative control over those works. On the other side are the interests of users of copyrighted works, those who seek to use existing works to build and create new works. The Constitution, in permitting Congress to create copyright law, recognized this balance in its pronouncement that the purpose copyright is to “Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Over the last two centuries Congress has passed a number of copyright statutes to attempt to maintain this balance. The Copyright Act of 1976–with some changes such as the Copyright Term Extension Act (CTEA) and the Digital Millennium Copyright Act (DMCA)–is the current law. It replaced the earlier Copyright Act of 1909 as new media technologies and a changing society purported to upset the balance that had existed. But since the 1976 Act went into effect, technology and changes in our more media-driven society have made the copyright balance more difficult to achieve. In many respects, changes such as the CTEA and the DMCA have added to the difficulty. The issue of orphan works is one area where finding a balance within copyright law is proving challenging.


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Item Type: Article
Status: Published
CreatorsEmailPitt UsernameORCID
Pike, George H.
Date: October 2006
Date Type: Publication
Journal or Publication Title: Information Today
Volume: 23
Number: 9
Publisher: Learned Information, Inc., Medford, NJ
Page Range: 1 - ?
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
School of Law > Law > Faculty Publications
Refereed: No
Uncontrolled Keywords: copyright, law, orphan, works, copyright, law, reform, Copyright, Act, of, 1976, Copyright, Term, Extension, Act, CTEA, Digital, Millennium, Copyright, Act, DMCA
ISSN: 8755-6286
Official URL:
Date Deposited: 18 May 2009 14:14
Last Modified: 20 Dec 2018 00:55


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