ORPHANS IN TURMOIL: HOW A LEGISLATIVE SOLUTION CAN HELP PUT THE ORPHAN WORKS DILEMMA TO REST

The orphan works issue has continued to grow in the United States despite strong efforts to find a workable solution. Stakeholders on both sides of the issue have proposed and opposed both solutions and compromises that could have alleviated the problem and 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 create a workable solution to the orphan works issue, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative attempts of 2006 and 2008. This paper also proposes that those answers can be found in the working models used by other jurisdictions attempting to solve the orphan works dilemma. View More