Copyright’s Deus Ex Machina: Reverse Registration as Economic Fostering of Orphan Works

Darrin Keith Henning

Abstract

Changes in copyright law over the last several decades have created a proliferation of orphan works, or works for which no copyright owner can be found. People wishing to use or adapt these works are unable to obtain permission, and so their status hampers business development and limits the free exchange of new ideas. This paper investigates the problem of orphan works and the various proposed solutions. It concludes by rejecting all proposed solutions and suggesting a new and novel solution that avoids the economic pitfalls of others, while maintaining the policy balance sought by modern copyright law.