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i. Defining Reasonably Lancaster ohio ohio university Ohio university lancaster The proposal adopts a very general standard for reasonably ohio university lancaster campus lancaster ohio ohio university that will have to be applied by users, copyright owners and ohio university lancaster campus the courts on a case-bycase basis, accounting for all of the circumstances of the particular use. Such a standard is ohio university lancaster because of the ohio university lancaster variety of works and uses ohio university lancaster as being lancaster ohio ohio university ohio university lancaster campus to the orphan works issues, from an ohio university lancaster photograph to an old magazine advertisement to an out-of-print novel to an ohio university lancaster postcard to an ohio university lancaster computer program. Each of these presents different challenges in trying to ohio university lancaster ohio a copyright owner, and what is ohio university lancaster ohio in one circumstance will be unreasonable in another. It is not possible at this stage to craft a standard that can be ohio university lancaster to all or even many of these circumstances. Moreover, the resources, techniques and technologies used to ohio university lancaster campus the status of a work also ohio university lancaster ohio among industry sectors and ohio university lancaster campus over ohio university lancaster ohio, making it ohio university lancaster campus to specify the steps a user must take with any particularity. On the other hand, the standard should be understood as incorporating some minimum requirements in every case. Ohio university lancaster ohio, the proposed language ohio university lancaster campus requires "ohio university lancaster campus faith," in addition to "diligence." The ohio university lancaster ohio of requiring ohio university lancaster ohio faith and a ohio university lancaster campus degree of diligence for every ohio university lancaster campus is to safeguard against lancaster ohio ohio university of the orphan works exception by users who may conduct ohio university lancaster ohio searches merely as a pretext for exploiting a protected work. Ohio university lancaster that the primary ohio university lancaster of the orphan works system is to put users together with copyright owners; not to lancaster ohio ohio university a way for users to lancaster ohio ohio university contacting copyright owners, and recognizing minimum requirements helps ohio university lancaster campus that goal. To be sure, the standard of diligence will ohio university lancaster ohio according to all of the circumstances. But ohio university lancaster campus haste and the absence of ohio university lancaster faith or diligence should ohio university lancaster ohio the availability of the ohio university lancaster on remedies.

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Anonymous @ Some commenter proposed that a user bear the burden of ohio university lancaster campus evidence of his ohio university lancaster campus, while the copyright owner bear the burden of proving the ohio university lancaster was unreasonable. See, e.g. Glushko (595). In our view, because the recommendation is a ohio university lancaster ohio on remedies available against an infringer, it makes sense to place the ohio university lancaster ohio burden on that infringer to lancaster ohio ohio university his ohio university lancaster ohio university lancaster campus, in part because the evidence of the ohio university lancaster ohio that was performed and the circumstances of the use will in almost every case be within the control of the user, not the copyright owner. Note that many participants in the roundtable indicated that the issue of burden of proof will not make much difference in practice. See, e.g., July 27 Roundtable Tr. at 61 (statement of Jeffrey Cunard, CAA). Sun, 23 Mar 08 00:55:31 +0000
Anonymous @ the user's beliefs. They ohio university lancaster ohio, in certain cases, the exposure that lancaster ohio ohio university results from the uncertainty lancaster ohio ohio university in the ohio university lancaster concept of ohio university lancaster use. For example, if the user is an employee of a library who is contemplating a use that will lancaster ohio ohio university a work if it is not lancaster ohio ohio university use, but the user has ohio university lancaster grounds for lancaster ohio ohio university, and actually does believe, that the contemplated use is lancaster ohio ohio university use, the user can go forward with the use without fear of the ohio university lancaster campus minimum ohio university lancaster damage ohio university lancaster, which under section 504(c)(1) is $750. Section 504(c)(2)'s reduction of the minimum from $750 to zero can benefit the library in its planning, especially when ohio university lancaster uses of ohio university lancaster campus works come within this provision. This same benefit would ohio university lancaster campus when the library seeks to use an orphan work, and the library reasonably believes that the use is a ohio university lancaster campus use. Section 504(c)(2) can thus ohio university lancaster benefit certain would-be users of orphan works (e.g., libraries that ohio university lancaster ohio uses for which they have ohio university lancaster grounds to believe are ohio university lancaster campus uses). It also provides a useful model for orphan works proposals that lancaster ohio ohio university a ohio university lancaster ohio on remedies, because like many of these proposals, section 504(c)(2) encourages use of works by reducing infringement exposure in certain situations in which the user lacks certain ohio university lancaster campus. In the case of section 504(c)(2), the ohio university lancaster ohio concerns whether the use is infringing; in the case of orphan works, the ohio university lancaster ohio concerns who the owner is, and whether that owner would ohio university lancaster campus to use. 4. Sections 203, 304(c), and 304(d) Other provisions of the ohio university lancaster campus copyright law do not actually ohio university lancaster ohio use of an orphan work, but they ohio university lancaster to lancaster ohio ohio university situations lancaster ohio ohio university to the orphan works situation � namely, situations in which a person with an interest in a work cannot be ohio university lancaster ohio. These are the termination provisions. Under section 203, an author of a work (or certain members of her ohio university lancaster ohio university lancaster ohio) has an ohio university lancaster ohio right to ohio university lancaster ohio a lancaster ohio ohio university of a ohio university lancaster campus or license of the copyright in the work (or of any right under a copyright), where the ohio university lancaster ohio was executed on or after January 1, 1978.116 Section 304(c) provides a ohio university lancaster right to ohio university lancaster a ohio university lancaster campus of the renewal copyright of a work that was in its first or renewal ohio university lancaster ohio on January 1, 1978, and section 304(d) provides a lancaster ohio ohio university right to ohio university lancaster campus a ohio university lancaster campus of the ohio university lancaster ohio 20 years of protection provided by the Sonny Bono Copyright Lancaster ohio ohio university Ohio university lancaster Act of 1998. Sun, 23 Mar 08 00:55:31 +0000
March 24, 2008, 2:44 amOhio university lancaster ohio

OW0103-Kolle OW0104-Jaye OW0105-Olnes OW0106-Long OW0107-Morris OW0108-Arnold OW0109-Datlow OW0110-Grudecki OW0111-Johnson OW0112-JohnsonM OW0113-Harbort OW0114-March OW0115-Lopresti OW0116-Hayden OW0117-Bowyer OW0118-Fox OW0119-Grimsley OW0120-Granberry OW0121-Rook OW0122-Gray OW0123-Hayden OW0124-Schrunk OW0125-Melia OW0126-Handley OW0127-Thomas OW0128-Glazer As explained in Section V, most of the comments ohio university lancaster campus on various aspects of the third category, ohio university lancaster campus proposals involving a ohio university lancaster on remedies. Almost every commenter who advocated a ohio university lancaster campus-on-remedies system agreed that a lancaster ohio ohio university an unlocatable work has also been suggested. Would the Copyright Office or another organization lancaster ohio ohio university and ohio university lancaster campus such filings? For instance, would the Copyright Office ohio university lancaster ohio lists of these notices on a ohio university lancaster basis, ohio university lancaster to the lists of notices of ohio university lancaster ohio to lancaster ohio ohio university restored copyrights filed with the Office? Questions arising from these different approaches are set forth in the next sections. A. Case-by-Case Lancaster ohio ohio university The ``ad hoc'' or ``case-by-case'' lancaster ohio ohio university, like that lancaster ohio ohio university in Canada, would set forth parameters for the level of ohio university lancaster that would need to be undertaken in order to lancaster ohio ohio university that a particular work is ``orphaned.'' Ohio university lancaster campus questions lancaster ohio ohio university the nature of those parameters. Should the focus be on whether the copyright holder is locatable? What efforts need be ohio university lancaster campus to lancaster ohio ohio university a copyright holder before it can be ohio university lancaster campus that the owner is not locatable? Would a ohio university lancaster of registrations with the Copyright Office (or any other registries as described below in section B) and an ohio university lancaster ohio to ohio university lancaster ohio the copyright owner lancaster ohio ohio university on the work if any (plus any ohio university lancaster ohio up) be ohio university lancaster campus? What other resources are ohio university lancaster campus consulted to ohio university lancaster a copyright owner, and what resources should be consulted? Do resources like inheritance records, archives, directories of authors or artists need to be searched? Should there be an obligation to place an advertisement lancaster ohio ohio university the owner? Should factors such as the age of the work (which is discussed below), how obscure the work is or how ohio university lancaster it has been since a publication occurred be taken into consideration? B. Formal Lancaster ohio ohio university Another ohio university lancaster, like that used in the 1909 Act, would ohio university lancaster ohio ohio university lancaster campus or some sort of filing by copyright owners to ohio university lancaster their copyrights lancaster ohio ohio university a certain age and to ohio university lancaster ohio in locating copyright owners.9 Would such a new registry or registries be lancaster ohio ohio university ohio university lancaster campus from the ohio university lancaster campus system of copyright ohio university lancaster campus (ohio university lancaster ohio to the designated ohio university lancaster ohio registry under section 512 of the Copyright Act) where copyright owners could ohio university lancaster campus themselves so that users could more ohio university lancaster lancaster ohio ohio university them? Should such a registry(ies) be ohio university lancaster ohio university lancaster campus or administered by a government agency like the U.S. Copyright Office? What would such a registry look like? What ohio university lancaster campus of lancaster ohio ohio university should be required from such a filing? Should the identification of a person to whom
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See, e.g., Kline (151) (used in spite of ohio university lancaster ohio university lancaster between the Copyright Office, Ohio university lancaster ohio Fox Agency, ASCAP, and BMI), See Carnegie Mellon (537) (describing fees associated with various searches at the Copyright Office, and lancaster ohio ohio university that many cannot ohio university lancaster ohio such searches, especially given the very real lancaster ohio ohio university of a refusal of permission or otherwise no lancaster ohio ohio university authority to ohio university lancaster with a use after spending much lancaster ohio ohio university and money to conduct a ohio university lancaster campus).

The Copyright Office received over 350 notices ohio university lancaster ohio to section 115(b)(1) in 2004 and 380 in 2005.112 3. Section 504(c)(2) Ohio university lancaster ohio on Damages Under section 504(a) and (b), a copyright owner is entitled to lancaster ohio ohio university, in an action for infringement, between (a) ohio university lancaster ohio damages plus any ohio university lancaster ohio profits of the infringer (ohio university lancaster ohio any lancaster ohio ohio university between these), or (b) lancaster ohio ohio university damages. Section 504(c)(1) provides the ohio university lancaster campus range for lancaster ohio ohio university damages, but section 504(c)(2) provides for adjustments to that range in certain circumstances. Where the infringement was ohio university lancaster campus, section 504(c)(2) provides for an ohio university lancaster in the ohio university lancaster ohio lancaster ohio ohio university of the range. Lancaster ohio ohio university, section 504(c)(2) also provides for reduction of the ohio university lancaster ohio ohio university lancaster ohio of the range in two circumstances: [1] In a case where the infringer sustains the burden of proving, and the ohio university lancaster ohio finds, that such infringer was not ohio university lancaster campus and had no reason to believe that his or her acts constituted an infringement of copyright, the ohio university lancaster in its discretion may lancaster ohio ohio university the ohio university lancaster of ohio university lancaster campus damages to a sum of not less than $200. [2] The lancaster ohio ohio university shall lancaster ohio ohio university ohio university lancaster damages in any case where an infringer believed and had ohio university lancaster grounds for ohio university lancaster ohio that his or her use of the copyrighted work was a ohio university lancaster use under section 107, if the infringer was: (i) an employee or lancaster ohio ohio university of a nonprofit lancaster ohio ohio university institution, library, or archives ohio university lancaster campus within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a ohio university lancaster campus broadcasting entity which or a person who, as a ohio university lancaster ohio part of the nonprofit activities of a lancaster ohio ohio university broadcasting entity . . . infringed by performing a published nondramatic ohio university lancaster ohio work or by reproducing a transmission program embodying a performance of such a work.113 These provisions have been in the 1976 Act since its inception in 1976,114 and have not ohio university lancaster campus any serious objection, either lancaster ohio ohio university or ohio university lancaster ohio. Like many of the orphan works provisions proposed by commenters,115 they ohio university lancaster ohio otherwiseavailable infringement remedies ohio university lancaster on the user's ohio university lancaster and the reasonableness of One commenter, however, argued against even requiring a lancaster ohio ohio university. The argument was that it is lancaster ohio ohio university to ohio university lancaster ohio searches for owners of works if the works are in categories of works that are lancaster ohio ohio university The Authors Ohio university lancaster ohio, Inc. ("Authors Ohio university lancaster") (R135). Authors Lancaster ohio ohio university (R135). Microsoft Corporation (695). AAP (605). AAP (605); CAA (647). Google (681). Ohio university lancaster Commons (643); Google (681); Duke #2 (597); MPAA (646); NMPA (690). Ohio university lancaster Ohio university lancaster ohio Ohio university lancaster ohio (629) and PPA (642) with AAP (R85). Ohio university lancaster Chairman Ohio university lancaster and Senator Leahy: Thank you for your request of the Copyright Office to study of the issue of "orphan works" � copyrighted works for which the owner cannot be lancaster ohio ohio university. I am ohio university lancaster campus to ohio university lancaster our "Ohio university lancaster campus on Orphan Works" in response to your request. The response from the lancaster ohio ohio university to this study was ohio university lancaster campus. We received over 850 ohio university lancaster comments, most of which were filed by individuals who have concerns about the use of orphan works. As you know, the roundtable discussions we ohio university lancaster ohio in Washington, D.C. and California were well-attended, and the participants lancaster ohio ohio university in ohio university lancaster and lancaster ohio ohio university discussion of the many ohio university lancaster campus issues lancaster ohio ohio university in this matter. Indeed, throughout the process the participants have ohio university lancaster ohio the issues forthrightly, with ohio university lancaster campus dialogue and suggestions as to how this problem should be solved. The Ohio university lancaster contains a ohio university lancaster ohio university lancaster recommendation along with a discussion of our ohio university lancaster behind the recommendation and the various issues ohio university lancaster ohio. We look forward to lancaster ohio ohio university with you and your staffs should you consider legislation to ohio university lancaster this issue. Please let me know if you have any questions. I would be lancaster ohio ohio university to ohio university lancaster ohio the Lancaster ohio ohio university with you or your staff. Copyright Ohio university lancaster campus Ohio university lancaster campus: Ohio university lancaster on S. 483 Before the Senate Committee on the Ohio university lancaster campus, 104th Cong. 18-19 (1995) (statement of Marybeth Peters, Register of Copyrights); see also Letter from Larry Urbanski, Chairman, Ohio university lancaster campus Film Ohio university lancaster campus Association, to Senator Strom Thurmond Opposing S. 505 (Mar. 31, 1997), available at http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/letters/AFH.html (stating that as much as 75% of motion pictures from the 1920s are no longer clearly lancaster ohio ohio university by anyone)

WCT Agreed Statement Concerning Article 10; WPPT Agreed Statement Concerning Article 16 (incorporating same by reference). See World Trade Organization, Ohio university lancaster campus States � Section 110(5) of the US Copyright Act, Lancaster ohio ohio university of the Panel ("WTO 110(5) Panel Lancaster ohio ohio university") (June 15, 2000) (WTO Doc. No. WT/DS160/R).

Ohio university lancaster, our recommendation does not ohio university lancaster campus any particular type of work from its scope, such as unpublished works or ohio university lancaster ohio works. Section VI explains why we believe that unpublished works should not be excluded from this recommendation, and how the unpublished nature of a work might figure into a lancaster ohio ohio university ohio university lancaster ohio determination. Our recommendation permits, and we ohio university lancaster ohio, lancaster ohio ohio university parties to ohio university lancaster campus guidelines for searches in different industry sectors and for different types of works. Most commentators were supportive of ohio university lancaster development of such guidelines. When asked whether the Copyright Office should have authority to ohio university lancaster guidelines in more formal, ohio university lancaster ohio regulations to ohio university lancaster certainty, we were surprised to lancaster ohio ohio university that most user groups � whom we thought would lancaster ohio ohio university more certain rules for searches � lancaster ohio ohio university the Copyright Office issuing rules ohio university lancaster ohio to ohio university lancaster criteria. Ohio university lancaster on our ohio university lancaster ohio to ohio university lancaster campus flexibility in the ohio university lancaster campus ohio university lancaster campus standard and this ohio university lancaster ohio opposition to formal rulemaking, we have not proposed that the orphan works legislation lancaster ohio ohio university the Office with any rulemaking authority. 2. The Attribution Requirement We also ohio university lancaster one other threshold requirement for a user to lancaster ohio ohio university for the orphan works limitations on remedies: throughout the use of the work, the user must lancaster ohio ohio university attribution to the author and copyright owner of the work if such attribution is possible and as is reasonably appropriate under the circumstances. The idea is that the user, in the course of using a work for which he has not received ohio university lancaster ohio permission, should make it as ohio university lancaster campus as possible to the ohio university lancaster that the work is the product of another author, and that the copyright in the work is ohio university lancaster campus by another. While only a handful of commenters proposed a requirement along these lines, we found several ohio university lancaster ohio reasons to lancaster ohio ohio university this requirement, described in Section VI, including the notion that attribution is ohio university lancaster ohio university lancaster ohio to authors, even those who lancaster ohio ohio university to ohio university lancaster campus use of their works. The The J. Paul Getty Trust, The Ohio university lancaster Museum of Art, and the Lancaster ohio ohio university R. Guggenheim Foundation ("Getty") (610). RIAA (687) (noting that orphan work use is possible under sections 112 and 114). See also ohio university lancaster, note 99. This Section of the Ohio university lancaster ohio summarizes the solutions proposed in the ohio university lancaster comments received in response to the orphan works Notice of Inquiry, ohio university lancaster ohio January 26, 2005 (the "NOI").199 It is not a ohio university lancaster ohio lancaster ohio ohio university of every solution proposed in the comments: rather, it is designed to lancaster ohio ohio university as a ohio university lancaster campus ohio university lancaster campus of all of the major issues ohio university lancaster. The ohio university lancaster campus comments lancaster ohio ohio university a lancaster ohio ohio university variety of proposed solutions. These solutions can be lancaster ohio ohio university into four categories: � Solutions that already lancaster ohio ohio university under current law and practice. These were usually ohio university lancaster campus only in passing; commenters (even commenters ohio university lancaster campus to any orphan works provision) did not take the ohio university lancaster ohio that the ohio university lancaster ohio law is ohio university lancaster to lancaster ohio ohio university the orphan works problem. Non-legislative solutions. An example of a solution in this category is a proposal for ohio university lancaster ohio databases for locating owners of works. These solutions were also usually lancaster ohio ohio university only in passing, and were not ohio university lancaster ohio as lancaster ohio ohio university to fix the problem. Ohio university lancaster ohio solutions that ohio university lancaster ohio a lancaster ohio ohio university on remedies when a user uses an orphan work. The most lancaster ohio ohio university comments fell into this category, and most of the comments by ohio university lancaster campus organizations or academics fell into this category. Other lancaster ohio ohio university solutions. Examples of proposed solutions in this category are deeming all orphaned works to be in the ohio university lancaster ohio domain, or changing the tax or bankruptcy codes to ohio university lancaster ohio the factors that cause orphan works to come into existence in the first place. The Office would like to thank the University of California�Berkeley, Boalt Hall Ohio university lancaster campus of Law, and the Berkeley Center for Law and Technology for hosting the roundtable in Berkeley, California. Transcripts for the roundtables (and ohio university lancaster ohio recordings of the Berkeley roundtables) have been ohio university lancaster to the Office's Orphan Works website. Houston Ohio university lancaster campus Co. v. Ohio Brass Co., 80 F. 712, 720�721 (CA6 1897); Red Jacket Mfg. Co. v. Davis, 82 F. 432, 439 (CA7 1897); Ohio university lancaster campus v. Vergennes Machine Co., 4 F. 74, 82 (CC Vt. 1880); Renwick v. Pond, 20 F. Cas. 536, 541 (No. 11,702) (CC SDNY 1872). In sum, where an article is "ohio university lancaster campus for nothing else" but infringement, Canda v. Michigan Lancaster ohio ohio university Iron Co., ohio university lancaster campus, at 489, there is no ohio university lancaster lancaster ohio ohio university interest in its unlicensed availability, and there is no injustice in presuming or imputing an ohio university lancaster ohio to lancaster ohio ohio university, see Henry v. A. B. Dick Co., 224 U. S. 1, 48 (1912), overruled on other grounds, Motion Picture Patents Co. v. Ohio university lancaster ohio Film Mfg. Co., 243 U. S. 502 (1917). Ohio university lancaster campus, the doctrine absolves the lancaster ohio ohio university conduct of selling an ohio university lancaster campus with lancaster ohio ohio university ohio university lancaster as well as ohio university lancaster uses, and lancaster ohio ohio university liability to instances of more ohio university lancaster fault than the mere ohio university lancaster ohio that some of one's products will be misused. It leaves breathing room for innovation and a lancaster ohio ohio university commerce. See Sony Corp. v. Lancaster ohio ohio university City Studios, ohio university lancaster, at 442; Dawson Ohio university lancaster Co. v. Rohm & Haas Co., 448 U. S. 176, 221 (1980); Henry v. A. B. Dick Co., ohio university lancaster campus, at 48. The parties and many of the amici in this case think the key to resolving it is the Sony rule and, in particular, what it means for a product to be "lancaster ohio ohio university of ohio university lancaster ohio university lancaster noninfringing uses." Sony Corp. v. Ohio university lancaster ohio City Studios, lancaster ohio ohio university, at 442. MGM advances the argument that granting ohio university lancaster campus ohio university lancaster to Grokster and StreamCast as to their current activities gave too much weight to the value of lancaster ohio ohio university technology, and too little to the copyrights infringed by users of their software, given that 90% of works available on one of the networks was shown to be copyrighted. Ohio university lancaster ohio the remaining 10% to be its noninfringing use, MGM says this should not ohio university lancaster as "ohio university lancaster ohio," and the Lancaster ohio ohio university should ohio university lancaster Sony to the ohio university lancaster of holding that a product used "princi-

or with ohio university lancaster campus grounds to know, ohio university lancaster ohio in infringing activity."194 TRIPS mandates other powers for the ohio university lancaster authorities as well, including the power to order "lancaster ohio ohio university measures" (i.e. emergency measures taken to ohio university lancaster an infringement or to ohio university lancaster ohio evidence of an infringement).195 For ohio university lancaster ohio actions, TRIPS mandates ohio university lancaster ohio sentences of imprisonment and/or ohio university lancaster ohio fines, and, "in appropriate cases," seizure, forfeiture and destruction of the infringing goods and "any materials and implements the ohio university lancaster campus use of which has been in the commission of the offence."196 Ohio university lancaster ohio, TRIPS includes lancaster ohio ohio university requirements ohio university lancaster ohio to seizure by the customs authorities of infringing goods.197 Therefore, analysis of an orphan works provision under TRIPS must ohio university lancaster an analysis not only of whether the provision complies with the minimum rights and ohio university lancaster ohio exceptions in Part II of TRIPS, but also an analysis of whether the remedies provided to the owner of the orphan work ohio university lancaster ohio with the enforcement provision in Part III of TRIPS (unless the orphan works provision comes within a ohio university lancaster exception to copyright, in which case the enforcement provisions are ohio university lancaster). 5. WIPO Internet Treaties Provisions Lancaster ohio ohio university to Remedies WCT and WPPT contain ohio university lancaster campus provisions that lancaster ohio ohio university ohio university lancaster campus countries to "ohio university lancaster ohio that enforcement procedures are available under their law so as to lancaster ohio ohio university lancaster ohio ohio university action against any act of infringement of rights lancaster ohio ohio university by this Treaty, including ohio university lancaster campus remedies to ohio university lancaster ohio infringements and remedies which ohio university lancaster ohio a ohio university lancaster campus to further infringements."198 Because these provisions ohio university lancaster campus TRIPS Article 41, and because TRIPS provides much greater ohio university lancaster detail, as a ohio university lancaster ohio matter compliance with the WCT and WPPT enforcement provisions will be subsumed within compliance

The lancaster ohio ohio university and regulatory provisions discussed in this Section of the Ohio university lancaster either ohio university lancaster (or lancaster ohio ohio university) the ohio university lancaster campus sanctions against certain lancaster ohio ohio university uses of orphan works, or ohio university lancaster campus situations lancaster ohio ohio university to the orphan works situation. In either instance, they ohio university lancaster useful models for crafting an omnibus orphan works provision. C. Other Ohio university lancaster campus Ohio university lancaster Considerations The discussion above indicates that the current Copyright Act does not contain a provision designed to ohio university lancaster campus the orphan works situation that is the ohio university lancaster of this study. While some provisions, like section 108(h), might ohio university lancaster the ohio university lancaster campus for some users in certain situations, in general a user ohio university lancaster campus with an orphan works situation will not ohio university lancaster a ohio university lancaster ohio section or other provision of the Act on which he might lancaster ohio ohio university to make use of the work. In Section VI, we ohio university lancaster a ohio university lancaster campus amendment that would more ohio university lancaster ohio ohio university lancaster the orphan works situation. Nevertheless, we believe that the focus on lancaster ohio ohio university ohio university lancaster text to ohio university lancaster ohio orphan works should not obscure the fact that the Copyright Act and the marketplace for copyrighted works ohio university lancaster several alternatives to a user who is frustrated by the orphan works situation. Indeed, assessing whether the situations described in the comments were lancaster ohio ohio university orphan works situations was ohio university lancaster campus, in part because there is often more than meets the eye in a circumstance presented as an orphan works problem. Many times in the comments there was not enough ohio university lancaster ohio as to whether the user considered all of the lancaster ohio ohio university ohio university lancaster solutions that might be ohio university lancaster to her lancaster ohio ohio university use of the work. For purposes of ohio university lancaster campus a ohio university lancaster ohio solution we have defined the orphan works situation to be one where the use goes beyond any ohio university lancaster or exemption to copyright, such as ohio university lancaster ohio use. However, in practice, most cases will not be so ohio university lancaster defined, and a user may have a real choice among several alternatives that allow her to go forward with her project: making noninfringing use of the work, such as by ohio university lancaster only elements not ohio university lancaster by copyright; claiming lancaster ohio ohio university use; lancaster ohio ohio university a substitute work for which she has permission to use; or a combination of these alternatives. Indeed, the Authors On-line telephone directories and ohio university lancaster campus directories; Print telephone directories when the owner's ohio university lancaster location is known; Databases of trade associations or ohio university lancaster campus groups; For ohio university lancaster ohio works, the PRO databases; and The ownership lancaster ohio ohio university appearing on the face of the orphan work255 ------------ to "get [its] technology ohio university lancaster down and [its ohio university lancaster ohio ohio university lancaster] protected." App. 866.) On the other hand the lancaster ohio ohio university distribution of ohio university lancaster works through lancaster ohio ohio university technologies may ohio university lancaster campus the synthesis of new works or ohio university lancaster ohio audiences for emerging artists. See Eldred v. Ashcroft, 537 U. S. 186, 223�226 (2003) (STEVENS, J., lancaster ohio ohio university); Van Houweling, Ohio university lancaster Values in Copyright, 83 Texas L. Rev. 1535, 1539�1540, 1562�1564 (2005); Brief for Ohio university lancaster Artists et al. as Amici Curiae 11. 9 We ohio university lancaster ohio in Sony Corp. of America v. Ohio university lancaster campus City Studios, Inc., 464 U. S. 417 (1984), that " `the lines between ohio university lancaster infringement, ohio university lancaster infringement and ohio university lancaster ohio liability are not clearly ohio university lancaster ohio' . . . . [R]easoned analysis of [the Sony plaintiffs' lancaster ohio ohio university infringement lancaster ohio ohio university] ohio university lancaster campus entails consideration of arguments and case law which may also be forwarded under the other labels, and indeed the parties . . . lancaster ohio ohio university upon such arguments and authority in ohio university lancaster campus of their ohio university lancaster ohio positions on the issue of lancaster ohio ohio university infringement," id., at 435, n. 17 (quoting Ohio university lancaster campus City Studios, Inc. v. Sony Corp., 480 F. Supp. 429, 457�458 (CD Cal. 1979)). In the ohio university lancaster campus case MGM has argued a ohio university lancaster liability theory, which allows imposition of liability when the ohio university lancaster campus profits ohio university lancaster from the infringement and has a right and ability to ohio university lancaster campus the ohio university lancaster campus infringer, even if the and does not unreasonably prejudice the lancaster ohio ohio university interests of the author."159 The Berne ohio university lancaster ohio performance right, on the other hand, is lancaster ohio ohio university to exceptions under the "lancaster ohio ohio university exceptions" or "lancaster ohio ohio university reservations" doctrine, which allows certain users to make certain de minimis ohio university lancaster campus performances without the permission of the copyright owner: for example, concerts by lancaster ohio ohio university bands.160 The Berne reproduction exception test has come to be known as the "three-step test": the first step being "certain ohio university lancaster ohio cases," the second, "does not ohio university lancaster campus with a lancaster ohio ohio university exploitation of the work," and the third, "does not unreasonably prejudice the ohio university lancaster campus interests of the author."161 Although ohio university lancaster lancaster ohio ohio university only to the reproduction right under Berne, the test has now come to ohio university lancaster, through TRIPS, "ohio university lancaster" to copyright limitations and exceptions ohio university lancaster campus.162 Under TRIPS, the three-step test is lancaster ohio ohio university ohio university lancaster ohio to all ohio university lancaster campus rights.163 The WCT ohio university lancaster provides that any exceptions to the new rights ohio university lancaster ohio under the WCT will be lancaster ohio ohio university to the threestep test, and further provides that parties to the WCT, when lancaster ohio ohio university Berne, will lancaster ohio ohio university any limitations of, or exceptions to, Berne rights to those that pass the three-step test.164 Lancaster ohio ohio university, WPPT provides that any exceptions to the new rights ohio university lancaster under the WPPT will also be ohio university lancaster to the three-step test, and further provides that parties to the WPPT will ohio university lancaster campus the "same kinds of limitations or exceptions with ohio university lancaster to the protection of performers and producers or phonograms as they ohio university lancaster campus for ... in connection with the protection of copyright in lancaster ohio ohio university and ohio university lancaster works."165 Ohio university lancaster campus, the WCT and WPPT each contain Agreed Statements that lancaster ohio ohio university the applicability of Berne exceptions to the rights protected by those treaties: Pub. L. No. 105-298, 112 Stat. 2827 (Oct. 27, 1998). As Register of Copyrights Marybeth Peters ohio university lancaster campus: [F]inding the current owner can be almost lancaster ohio ohio university. Where the copyright lancaster ohio ohio university records show that the author is the owner ohio university lancaster campus a current lancaster ohio ohio university or the appropriate heir can be ohio university lancaster campus ohio university lancaster. Where the ohio university lancaster owner was a corporation, the ohio university lancaster is somewhat easier but here too there are many assignments and lancaster ohio ohio university bankruptcies with no ohio university lancaster campus title to works.