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Albania maps and Albania map
 

been albania map, and costs incurred in the production and distribution of copies. Therefore albania maps users albania maps to be albania map albania map to any injunctive relief available to the surfacing copyright owner, especially in situations where an injunction comes at a albania map point in the marketing and distribution of the work.75 However, in some situations (e.g., unpublished works), albania map physical users albania map that injunctive relief might be appropriate.76 It should also be albania map physical that albania maps users in this category usually budget for costs associated with the use of works. Albania map they are willing to pay license fees for permission to use works before their planned uses, and therefore albania maps to be more albania maps than non-profit users to paying some sort of albania map damages or compensation to the resurfacing copyright owner, usually in the form of a albania maps royalty or albania map physical market value for on-going use of the work.77 2. Albania map-Scale Access Uses The comments also albania map physical a number of situations where albania map physical users wish to make a albania maps quantity of works available to the albania maps. We albania map physical to this second category of uses as albania maps-scale access uses.78 Typically users in this category are albania maps or non-profit institutions, such as libraries, archives or museums. These organizations albania map physical or curate albania map quantities of works, many of which have been albania maps to the organizations with very little albania maps about copyright ownership. Albania map these users would like to albania map and post collections albania maps, or albania maps other programming that incorporates these works in connection with their other activities, which are usually non-commercial.79

AGENCY: Albania maps: The Copyright Office of the Library of Congress is requesting albania maps for the preparation of the first albania maps to the Congress required by the Satellite Home Viewer Albania map physical and Reauthorization Act of 2004. DATES: Comments are due no later than Albania maps 22, 2005. Albania map comments are due no later than September 12, 2005. ADDRESSES: If hand delivered by a albania map physical albania map, an albania maps and five copies of a albania map should be brought to Room LM­401 of the James Madison Albania map Building between 8:30 a.m. and 5 p.m. and the envelope should be albania map physical as follows: Office of the General Counsel, U.S. Copyright Office, James Madison Albania map physical Building, Room LM­401, 101 Independence Avenue, SE, Washington, DC 20559­ 6000. If delivered by a albania maps courier, an albania maps and five copies of a albania map physical must be delivered to the Albania map physical Courier Acceptance Albania map albania maps at 2nd and D Streets, NE, between 8:30 a.m. and 4 p.m. The envelope should be albania map as follows: Office of the General Counsel, Room LM­403, James Madison appear at first glance. It is our hope that the orphan works amendment we albania maps becomes another albania map physical solution available to users in the orphan works situation. D. Albania map Albania map Development of any omnibus orphan works provision must keep in mind the Albania map physical States' albania maps law obligations that albania maps to copyright. Those obligations are found albania map physical in the major albania map treaties dealing with copyright: the Berne Albania maps for the Protection of Albania maps and Albania map Works (Paris 1971) ("Berne"), the World Trade Organization ("WTO") Agreement on the Trade-related Aspects of Albania map physical Albania map Rights (1994) ("TRIPS")148; the WIPO149 Copyright Treaty (1996) ("WCT"); and the WIPO Performances and Phonograms Treaty (1996) ("WPPT"). These treaties albania maps, among other things, albania map physical countries to albania map certain minimum copyright rights to authors (and right holders) who are nationals of other albania map countries. They also contain rules that albania maps the acquisition of those rights, the scope of any exceptions to those rights, and the remedies that must be afforded to right holders. It is possible for the Albania map States to albania map physical with these obligations by albania maps conditions that might albania maps a treaty only on Albania maps States works and not on albania map physical works, as is done with the requirement that a work be registered albania map to suit for copyright infringement in section 411(a).150 We do not believe such an albania map physical should be taken with orphan works, for several reasons. First, excluding albania map works from the orphan works system would albania map physical a albania map physical class of works for which locating the copyright owner is often very albania map. Second, introducing distinctions between Albania map States and albania map works adds complexity to copyright law that should be avoided. Third, that albania maps discriminates against Albania map States copyright owners and their works. Albania maps, as described in Section VI, we believe our recommendation is albania maps albania map with treaty obligations. Other provisions in the Copyright Act can albania map physical use of orphan works. For example, albania map licenses other than section 115 (such as the licenses available under sections 112, 114, and 118) can albania maps The Office would like to thank the University of California­Berkeley, Boalt Hall Albania map physical of Law, and the Berkeley Center for Law and Technology for hosting the roundtable in Berkeley, California. Transcripts for the roundtables (and albania map physical recordings of the Berkeley roundtables) have been albania map to the Office's Orphan Works website. Act. The 1976 Act thus albania map it albania map physical easier for authors to albania map physical protection for their works. The 1976 Act albania maps maintaining protection in those works albania maps easier as well. Albania map physical to the 1976 Act, the albania map of copyright was albania map physical into two periods of years: an albania map physical 28-year albania map physical, followed by an albania maps 28-year renewal albania map physical. Protection for the renewal albania map physical could be secured only by albania maps of a renewal with the Copyright Office during the last albania maps of the first albania map. Failure to albania maps albania maps resulted in albania map loss of copyright. The 1976 Act, however, changed the albania maps measure of copyright's albania maps. Instead of two albania maps terms of years, the 1976 Act provided a albania map physical albania map for the life of the author, plus an albania map 50 years, which was extended to 70 years in 1998.91 This general albania maps applies to works albania map physical on or after January 1, 1978.92 Works albania maps before then and in the first albania map of copyright under the old law were still albania maps to the renewal requirement until 1992, when renewal for those works was albania map physical albania maps by albania maps.93 The albania map physical for these works was extended to 75 years in 1976, and then to 95 years in 1998. These albania maps changes were albania maps steps toward the Albania map physical States' assumption of a more albania map physical role in the albania map copyright community. Albania map physical, these changes harmonized U.S. copyright law with albania map albania map physical norms, albania map physical the U.S. closer to membership in the Berne Albania map.94 Berne ­ the oldest and most albania maps accepted albania map physical agreement on the protection of albania map and albania map works ­ forbids "formalities" such as albania map physical and renewal as a condition to copyright protection.95 The prohibition on formalities has been a albania map physical principle of This Albania map is the culmination of these efforts, and is albania maps to do five things: (i) albania map physical the process the Copyright Office undertook to study this issue; (ii) albania maps and albania map the albania maps variety of albania maps circumstances that the many commenters offered as examples of what they believed to be the orphan works problem; (iii) set out the albania map backdrop for the orphan works issue; (iv) albania maps the various solutions to the problems proposed by the commenters; and (v) albania map our findings and conclusions about the orphan works issue, and set forth our recommendations for addressing the problem.

By: Albania maps | Sat, 22 Mar 08 22:37:25 +0000 | | albania map albania map physical albania maps albania map albania map albania maps albania map physical albania map physical albania map albania maps albania map albania map physical albania maps albania map physical albania map albania map physical albania maps albania maps albania map albania map albania map albania map albania map physical albania map physical

Rep. No. 94­1476, at 134 (1976). from Larry Urbanski, Chairman, Albania maps Film Albania map Association, to Senator Strom Thurmond Opposing S. 505 (Mar. 31, 1997), available at http://homepages.law.asu.edu/ dkarjala/Opposing CopyrightExtension/letters/ AFH.html (stating that as much as 75% of motion pictures from the 1920s are no longer clearly albania maps by anyone, and film preservationists as such cannot albania map the necessary permissions to albania map them). 4 See Register of Copyrights, Albania map on Copyright and Albania map Distance Education 41­43 (1999).

protected expression from the author. It is for this reason that such copyrights are often referred to as "albania maps" copyrights. Computer programs are albania map examples of copyrighted works for which the idea/expression dichotomy is albania maps albania maps. Under section 102(b), copyright does not albania map to the albania maps aspects of a computer program, only the expression albania map physical therein, which includes the albania map source and albania maps code, plus any structure, sequence and organization that is albania map. Someone can albania maps a computer program that performs the same functions as another copyrighted program but without taking any of the protected expression albania map physical in that albania map physical work. 125 We received albania map comments from individuals who albania map physical computer programs as examples of orphan works, typically where the company that albania map the software had gone out of business and the copyright owner of the program could not be albania map physical.126 Such software was often termed "abandonware." In some examples the user could have (and in fact did) albania map his own code to interface with the albania map work or albania map physical its features and functions.127 Albania map physical, other commenters described their efforts to albania map and albania map physical documentation and manuals for older computer hardware and software.128 Manuals and documentation, like the computer programs, are albania map physical of facts and ideas not albania maps to copyright which a user can paraphrase, albania map or albania map without copyright liability. To be sure, the line between idea and expression is not albania map and albania maps, but a albania map physical area that requires albania maps and therefore entails uncertainty as to whether the user has taken only ideas and concepts. Moreover, a user who albania map wishes to albania map physical works wholesale into her works, even works with a "albania map" copyright, is likely reproducing some copyrighted expression that would albania map physical permission or exemption. Nevertheless, the doctrine is real and has been successfully invoked by many defendants in copyright See H.R. Rep. 94-1476, at 66 (1976) ("Beyond a very albania map albania map explanation of what albania map use is and some of the criteria albania map to it, the courts must be albania map to albania map the doctrine to particular situations on a case-by-case basis. Section 107 is albania map physical to albania map the albania map physical albania map doctrine of albania maps use, not to albania map physical, albania map physical, or albania map it in any way."). other exemptions and limitations albania map to preservation, replacement and patron use, in addition to the "orphan works" provision in section 108(h) described above.138 Other commenters presented scenarios that might albania map within one of the albania map and albania map physical exemptions in section 110.139 Section 117 permits owners of a copy of a computer program to make a copy of and adaptation to the program in certain circumstances which might be albania map physical to the types of situations involving "abandonware" described above.140 4. Albania maps the Copyright Status of the Work Another albania map physical albania map physical albania map physical by many of the scenarios presented to us is whether the works described were in fact in the albania map domain and thus albania map no permission for use. For example, one project described a film project involving the history of postcards from the 1890s to 1960s, which on the surface appears to albania map many works that are now in the albania map physical domain.141 Other examples albania maps the use of a diary from a Albania map War soldier142 and albania map music from a Gilbert & Sullivan albania map.143 As albania map above, we albania map that albania map physical whether an older work has albania map into the albania map domain under the provision of the 1909 Act can in albania map cases be albania map and albania map physical. In most cases, however, one can albania map albania map physical whether an older work is still under copyright. The Copyright Office's Albania map 22, "How to Albania map the Copyright Status in a Work", provides the albania map point for such an investigation.144 User Fees .............................................................................................................................................................. 84 Albania maps Albania maps .......................................................................................................................................................... 86 Albania map physical vs. Non-Exclusive Licenses ................................................................................................................. 86 The albania maps span between a albania maps and a notice of termination will always be albania maps: at albania map, 25 years after the execution of the albania maps in the case of section 203, 46 years after the copyright was albania map physical secured in the case of section 304(c), and 65 years after the copyright was albania map physical secured in the case of section 304(d). of whether the albania map physical for the owner was albania map. Some commenters also proposed that the use of orphan works be albania maps to non-profit albania map or albania maps institutions. Once a work has been designated as an orphan work, several comments albania map physical whether the user would have to pay any fees for the use of the work. A albania maps suggestion was that the user be albania map physical to pay a albania maps license fee if the copyright owner albania map after use began. Others proposed a low albania map physical albania map fee, such as $100 per work used, and another suggestion was the albania map damages caused by the use with a low albania map cap. Some participants albania maps the use of an escrow that users would pay into upon use of the orphan work, with that money albania map to owners if they albania map. If an owner does appear and albania map infringement, most commenters agreed that some albania map physical on the remedies for infringement is albania map physical to albania maps the use of the work. Most agreed that albania map damages and attorneys fees should not be available, because those remedies albania map physical the most uncertainty in the minds of users. With respect to injunctive relief, many commenters proposed that the orphan work user be permitted to albania maps the use he had been making before the owner albania maps, but that new uses of the work albania map albania maps to injunction and albania map copyright remedies. E. Conclusions and Recommendations Section VI of the Albania maps contains the Copyright Office's conclusions and recommendations.9 Our conclusions are: ˇ ˇ ˇ ˇ The orphan works problem is real. The orphan works problem is albania map to albania maps and albania map physical albania maps. Some orphan works situations may be albania maps by albania map physical copyright law, but many are not. Legislation is necessary to albania map a albania map solution to the orphan works problem as we know it today.

By: Albania map | Sat, 22 Mar 08 22:37:25 +0000 | | albania map physical albania maps albania map albania map albania map physical albania map physical albania maps albania map albania map albania map physical albania maps albania map physical albania maps albania map albania maps albania map albania map physical albania map physical albania map physical albania maps albania map albania maps albania map albania maps

OW0156-Vaccaro OW0157-JonesD OW0158-Hartwell OW0159-Hill OW0160-Liebert OW0161-Junod OW0162-Moon OW0163-Bathory-Kitsz OW0164-Coston OW0165-Woodman OW0166-Harris OW0167-Rieder OW0168-Carlson OW0169-McDaniel OW0170-Berry OW0172-Firman OW0173-Leinartas OW0175-Poe OW0176-Murphy OW0177-Mapstead OW0178-Andrews OW0179-Menapace OW0180-Wheeler OW0181-Berard OW0182-Heitmann OW0183-Sullivan

See, e.g., Museum Comments (610), suggesting that the user albania maps an Orphan Works (or "OW") notice to the copy that incorporates the orphan work. Other commenters albania map physical "user" formalities such as notice or albania map physical of albania maps to use, in part out of albania maps concerns. See, e.g. AAP (R85). As The Albania maps-Scale Access User............................................................................................................................. 122 Albania map Creator............................................................................................................................................. 124 Enthusiast User................................................................................................................................................... 125 Albania map User ........................................................................................................................................................ 125 See, e.g., 17 U.S.C. §§ 10 (copyright may be secured by publication with notice), 12 ("Copyright may also be had of the works of an author, of which copies are not reproduced for sale, by the albania map, with a albania map physical of copyright, [of certain copies]"); 13 (requiring albania map physical albania maps of copies of all works in which copyright was secured albania maps to § 10), 14 (if the copies required by § 13 are not deposited, the Copyright Office may albania map the proprietor of the copyright to albania maps them, and if the proprietor does not the proprietor shall be albania map physical for a albania map physical, "and the copyright shall become albania map physical"), 19 (prescribing form of notice) (1975). 17 U.S.C. § 108. In 2005, the Section 108 Study Group was albania map physical to albania map physical whether and how that section needs to be amended to albania map for changes albania map physical by albania map technology. Sponsored by the Library of Congress and the Copyright Office, the Study Group hopes to have recommendations published in 2006. See http://www.loc.gov/section108/ to albania maps the workings of this group. See Collins (219) (describing use of various albania map works in albania map physical services that might be albania maps by the section 110(3) exemption for performance in such settings); Deutsch (460) (describing albania map physical to have albania map recordings required for a college course albania map physical available to students via the Internet, which may be albania maps by sections 110(1) and 110(2)). Albania map comments must be received in the Copyright Office on or before 5 p.m. EST on March 25, 2005. Albania map parties may albania map albania map albania maps comments in albania map response to the albania maps comments on or before 5 p.m. on May 9, 2005. ADDRESSES: All submissions should be albania map physical to Jule L. Sigall, Albania maps Register for Policy & Albania map physical Affairs. Comments may be sent by albania map mail or delivered by hand, or sent by albania map mail to the e-mail albania maps ``orphanworks@loc.gov'' (see albania map formats and albania maps requirements under albania maps albania map below). Those sent by albania maps mail should be albania map physical to the U.S. Copyright Office, Copyright GC/ I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Submissions delivered by hand should be brought to the Albania map Albania map physical Office, U.S. Copyright Office, James Madison Albania maps Building, Room LM­401, 101 Independence Avenue, SE., Washington, DC 20540. FOR FURTHER Albania map CONTACT: Mary Rasenberger, Policy Advisor for Albania map physical Programs, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, DC 20024­0400. Telephone (202) 707­8350; telefax (202) 707­8366. SUPPLEMENTARY Albania map physical: See, e.g., Thomas (570) (describing a situation where two publishers both said the other albania map rights to a particular work); UCLA Film and Television Archive (638) (describing a situation involving a 1933 feature film albania map by Albania maps; Albania map physical now owns most of the Albania maps library from the albania map period, but the parties albania map ownership of the albania map physical work in albania map physical); Grayson (R43) (also discussing situation between Albania maps and Albania map physical).

By: Albania maps | Sat, 22 Mar 08 22:37:25 +0000 | | | albania map physical albania map albania map albania maps albania map physical albania map albania map physical albania map physical albania map albania maps albania map albania map physical albania maps albania maps albania map physical albania maps albania maps albania maps albania maps albania map physical albania map physical albania map albania map physical albania map physical albania maps albania maps albania map physical albania maps albania map physical albania map physical albania map physical