"Orphan works and mass digitization" [2019] ELECD 2361; in Reed, S. Christopher (ed), "The Unrealized Promise of the Next Great Copyright Act" (Edward Elgar Publishing, 2019) 45

Book Title: The Unrealized Promise of the Next Great Copyright Act

Editor(s): Reed, S. Christopher

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Orphan works and mass digitization

Number of pages: 25

Abstract/Description:

Discussions about orphan works predate the copyright review by nearly 10 years, but the topic re-emerged in the wake of cases involving the Google Books mass digitization project and a number of universities that supplied books for the effort. Those cases have greatly expanded the fair use doctrine, leading many who once supported a legislative solution to orphan works to change their tune, threatening to harm the integrity and stability of the copyright system as a whole.