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A law with a simple definition of orphaned works would do the trick.
But the issue here is really about orphaned works.
While I agree with some of what you say, orphaned works are not always about laziness.
And, despite years of pressure, Congress hasn't done anything to clarify how copyright law should apply to orphaned works.
Orphan works are works for which the copyright owner cannot be found.
In one bold stroke, Google will give new value to millions of orphaned works.
I think the issues with orphaned works and out of print works is much more complex than that.
Orphaned works are a contentious issue in a number of fields, and there has been little consensus about how they should be handled.
The amended agreement created a fiduciary to hold payments due to orphan works.
Were there really provisions in there that said, "nobody else is allowed to sell these orphaned works?"
Orphan Works is a copyrighted work for which the copyright owner cannot be identified and contacted.
These orphan works could be used to contribute to projects that utilized public domain works.
That leads into Sohn's fifth suggestion, which calls for relaxed rules around orphaned works.
Some commenters also proposed that the use of orphan works be limited to non-profit educational or cultural institutions.
There is an ongoing dispute regarding so-called 'orphan works' and other questions of copyright."
The issue is whether orphan works are being needlessly removed from public access and their dissemination inhibited.
We look forward to orphan works legislation and we are available to assist that goal in any way we can.
Orphan works are not available for use by filmmakers, archivists, writers, musicians, and broadcasters.
Orphaned works disappear at an alarming rate.
Every country has orphan works and I believe that, sooner or later, every country will be motivated to consider a solution.
Establishing licensing and clearance procedures for 'orphan works' (material with unknown copyright owners).
With no commercial incentive to entice uncertain publishers to pay for scanning these orphan works, they will vanish from view.
But it wants to see the contents of orphaned works equally available to all, rather than made the exclusive domain of Google.
The Copyright Office has long shared these concerns about orphan works and has considered the issue to be worthy of further study.
An example of a system that enables the use, in certain circumstances, of orphan works can be found in Canada's copyright law.