Skip to main content
Unpublished Paper
Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest
ExpressO (2014)
  • Vicenç Feliú, Villanova University School of Law
Abstract
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative attempts and provide workable answers. This paper also proposes those answers can be found in the working models using a comparative law approach to examine solutions used by foreign jurisdictions attempting to solve the orphan works dilemma.
Keywords
  • copyright,
  • orphan works,
  • intellectual property,
  • IP,
  • legislation,
  • Copyright Act,
  • comparative law
Publication Date
February 18, 2014
Citation Information
Vicenç Feliú. "Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest" ExpressO (2014)
Available at: http://works.bepress.com/vicenc_feliu/4/