Prof. Lessig has an OP-ED in the NYT today about the orphan works bill rolling now in Congress. Among the important points mentioned there, here are my three favorites: (1) to the extent that foreign authors are substantially deprived of copyright protection as a result of the new rule, the amendment will probably violate U.S. international obligations, and it would take the E.U. exactly two seconds to file a WTO complaint. (2) It makes no sense to put so much weight on the issue of “diligent effort” if rightholders are not required to register works, as in the case of patents, for instance. (3) It would be somewhat unfair to apply the rule retroactively to works by authors who relied on full, automatic copyright protection upon creation/fixation.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
Lessig on the orphan works bill
About Zohar Efroni
Professional/Job Title
Non-Resident Fellow at Stanford's CIS, formerly at Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich
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