Would this bill negate the limitations imposed by the Title 17, Section 107 to exclusive rights? Or will it strengthen it? This is not clear.
It's not, and it won't be clear until there is a 2008 (or whatever year this actually gets introduced) bill to discuss, unleash the lawyers on, &c.
How about works that are already Public Domain? Are they redefined as "orphaned works?"
I can't imagine this being the case. Orphaned works are pretty clearly defined as works that are probably still under copyright, but the creator/rights-holder cannot be found in order to confirm this. By the same token, if the rights-holder is known, determining the copyright/public-domain status of a work is (at least on the face of things) pretty easy -- cf. the chart from Cornell that someone linked way up-thread. Particularly given that the concept of "public domain" has long been a part of both national and international law, I'm confident that it won't be going away any time soon.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
(no subject)
Date: 2008-04-14 02:36 am (UTC)It's not, and it won't be clear until there is a 2008 (or whatever year this actually gets introduced) bill to discuss, unleash the lawyers on, &c.
How about works that are already Public Domain? Are they redefined as "orphaned works?"
I can't imagine this being the case. Orphaned works are pretty clearly defined as works that are probably still under copyright, but the creator/rights-holder cannot be found in order to confirm this. By the same token, if the rights-holder is known, determining the copyright/public-domain status of a work is (at least on the face of things) pretty easy -- cf. the chart from Cornell that someone linked way up-thread. Particularly given that the concept of "public domain" has long been a part of both national and international law, I'm confident that it won't be going away any time soon.