In ‘orphan work’ situations as long as a person had made a good faith effort to locate the copyright owner, and therefore isn’t infringing someone’s copyright wilfully; criminal liability won’t apply. The worst you’ll realistically face is an after the fact civil suit
Lol who on earth is talking about criminal prosecution of copyright? Copyright is a strict liability civil offense.
think there’s a misunderstanding. in my jurisdiction we use the word offence to refer to criminal actions. If the penalty is only civil, then this bolsters the case for being bold toward omens treatment of orphan works
Lol who on earth is talking about criminal prosecution of copyright? Copyright is a strict liability civil offense.
think there’s a misunderstanding. in my jurisdiction we use the word offence to refer to criminal actions. If the penalty is only civil, then this bolsters the case for being bold toward omens treatment of orphan works
But we are talking about US copyright law - that's what the article is about, and there's no real issue with criminal enforcement of copyright. What jurisdiction are you in? It doesn't bolster anything because in the US copyright infringement is strict liability and civil enforcement of copyright actions are frequent. The greater point anyway was that it's odd for you to offer this legal advice while simultaneously not being aware that copyright infringement is strict liability. Now you are also saying you didn't think about the civil context at all. Bizarre.
Everytime I see complications with copyright I think that it should be similar to patents. Short length of time with an optional renewal if the work is valuable enough. I don't think it would be too much to ask for rights holders to be required to apply for copyright (for a small fee, let's say $5/work) and provide a central authority with a copy of their work. This would solve issues such as 1) when copyright ends f…
> rights holders to be required to apply for copyright (for a small fee, let's say $5/work) This would drastically change our current copyright regime. As it stands, everything you write has automatic copyright, and doesn't require even the smallest, brokest artist to do anything—or pay anything—in order to ensure that their creations cannot profit others without their consent. Requiring every work to be registered i…
It wouldn't change anything, in order to enforce your copyright in the US, you need to pay for a registration, which also isn't very expensive.
>I’d expect that if the maker undertook a thorough and well-documented search for the rights holder; then just made it anyway, they’d legally be covered In a sane, rational world that would probably be the case. Too bad we don't live on one!
We need orphan work legislation to clarify the law in this area
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