Will A New Copyright Act Strip Artists Of Their Copyrights? And If So, Would It Really Be So Bad?

An "orphan work" is a work of art whose owner is not known and not findable, thus making licensing or purchasing of the rights impossible. The new Copyright Act will ostensibly 1) encourage artists to register their works to avoid orphaning, thus decreasing monetary recovery if the work is infringed, and 2) force users to file a “notice of use” with the Copyright Office with a description of the work, a summary of the search they conducted to find the copyright owner, the source of the work, and a description of the how the work will be used in order to facilitate communication between owners and users. In large part, the Act would limit the financial liability of someone who infringed the work after making a good faith diligent attempt to find the owner.

Read More