"British Invasion: How the United Kingdom’s Approach to International Harmonization of Copyright Law Can Inform United States Orphan Works Legislation"Posted in Copyright, Digital Copyright Wars on June 12th, 2013
Abigail Bunce has self-archived "British Invasion: How the United Kingdom's Approach to International Harmonization of Copyright Law Can Inform United States Orphan Works Legislation" in SSRN.
Here's an excerpt:
This Note argues that the United States should propose and adopt legislation to resolve the orphan works issue based on the licensing system recently enacted in the United Kingdom. Part I discusses the common economic principles underlying the American and British copyright systems and traces their different approaches to international harmonization. Part II introduces orphan works and the various issues they present, from their first identification through their present controversy within the mass digitization context. Part III discusses the past and current approaches on the American, British, and European Union stages to solve the orphan works issue. Finally, Part IV evaluates and compares the approaches, arguing that while the U.S. should primarily adopt the system advocated by the U.K., the U.K. system could equally benefit from ideas inherent in the U.S. system.