From: "Hansen, Dave" <[log in to unmask]> Date: Mon, 25 Jun 2012 19:41:16 +0000 I thought some of you might be interested in some recent articles on the topic of legal solutions to orphan works and mass digitization. As some of you who attended might recall from the April 2012 UC Berkeley symposium on orphan works and mass digitization, Jennifer Urban and others symposium presenters are researching and writing some serious academic papers on this subject. We wanted to let you know that drafts of many of those papers are now available online. Links to each are located at the top of this page: http://www.law.berkeley.edu/12819.htm . These papers will be formally published in the November edition of the Berkeley Technology Law Journal. Of those, I want to specifically point out Jennifer’s paper, “How Fair Use Can Help Solve the Orphan Works Problem,” which was posted online just a few days ago. You can find online here: http://ssrn.com/abstract=2089526 . This is a portion of the abstract: This Article argues that legislation is not necessary to enable some uses of orphan works by nonprofit libraries and archives. Instead, the fair use doctrine in United States copyright law provides a partial solution. The Article addresses three basic questions: first, does fair use provide a viable basis on which libraries might digitize orphans? Second, does fair use provide a viable basis on which to make these orphans available to patrons or the public? Third, more generally, can or should fair use do any additional work in infringement analysis where the copyrighted work in question is an orphan? The answer to each of these questions is yes. ----- David R. Hansen Digital Library Fellow Samuelson Law, Technology & Public Policy Clinic UC Berkeley School of Law [log in to unmask]