GoFuckYourself.com - Adult Webmaster Forum - View Single Post - biz thread re copyright changes: fair use of "orphaned" works

rowan · 02-26-2006, 02:29 AM

Not sure if this is old news, but I can't see anything obvious in the first few pages of GFY... important part highlighted below

Under the proposed legislation, a person or other entity who wants to use a copyrighted work is required to make only a "good faith, reasonably diligent search" to locate the copyright owner. If, after making such a search, the user is unable to locate the copyright owner, he/she/it gets an almost free license to use the work. If the copyright owner never comes forward, the user gets to use the work for free. Even if the copyright owner discovers the use and demands payment, the MOST the copyright owner can get is "reasonable compensation," i.e. a reasonable license fee for the use actually made. There is NO possibility of statutory damages or attorneys' fees, even if the work was registered before the use was made without your permission.

More: http://www.asmp.org/news/spec2006/orphan_faxcall.php

02-26-2006, 02:29 AM
rowan Too lazy to set a custom title Join Date: Mar 2002 Location: Australia Posts: 17,393	biz thread re copyright changes: fair use of "orphaned" works Not sure if this is old news, but I can't see anything obvious in the first few pages of GFY... important part highlighted below Under the proposed legislation, a person or other entity who wants to use a copyrighted work is required to make only a "good faith, reasonably diligent search" to locate the copyright owner. If, after making such a search, the user is unable to locate the copyright owner, he/she/it gets an almost free license to use the work. If the copyright owner never comes forward, the user gets to use the work for free. Even if the copyright owner discovers the use and demands payment, the MOST the copyright owner can get is "reasonable compensation," i.e. a reasonable license fee for the use actually made. There is NO possibility of statutory damages or attorneys' fees, even if the work was registered before the use was made without your permission. More: http://www.asmp.org/news/spec2006/orphan_faxcall.php