Music Copyright Law Resources : Orphan Works
This is a basic guide to help you get started on researching music copyright law.
Orphan Works
A work is an orphan work when it is difficult or impossible to identify or contact the copyright owner. Any type of work can be an orphan, but music orphan works come with a unique set of complications. For example, if you have access to sheet music that you would like to record, publish, and distribute on CD, but you do not know who owns the copyright to the composition, you run the risk of being sued if the copyright owner comes forward later. Legislation to "free" orphaned works has thus far not been passed. Also, pre-1972 sound recordings are governed by state law--not federal law.
Internet Resources on Orphan Works
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US Copyright Law Office: Orphan WorksThe US Copyright Law's site on Orphan Works contains the Orphan Works Act of 2008 (which did not pass), a testimony on the necessity of orphan works legislation to the House Subcommittee, and more.
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Orphan Works: Statement of Best Practices by SAAA statement given by the Society of American Archivists (SAA) on best practices for orphan works. Describes techniques for finding the copyright holder. Contains helpful graphs and a great bibliography.
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Recommendations for Changes to the United States Copyright Law by HRCAPThe Historical Recording Coalition for Access and Preservation's (HRCAP) "wish list" of changes they would like to see in copyright law that would help "free" orphan works. Six organizations voted to endorse some or all of the changes: the American Library Association, the Association of Moving Image Archivists, the International Association of Jazz Record Collectors, the Music Library Association, the Society for American Music and the Society of American Archivists.