Orphan Works Basics and Best Practices
In collaboration with the Museum and Arts Law Committee (MALC) of the
American Bar Association (ABA) and the Registrars Committee (RC) Professional
Network of the American Alliance of Museums
"Orphan works" are works that are protected by copyright but the identity or
whereabouts of the rights holder are not known. This program explores this
emerging issue which has increased significantly in visibility in recent years.
The first part covers the basics of orphan works: what orphan works are, how
they become "orphaned," and why they present a problem to museums, galleries,
and archives that want make use of them. The second part examines the issue by
describing legislative efforts to address orphan works usage and exploring
possible solutions. The third part describes best practices with regard to
orphan works usage.
Presenters:
Barron Oda, vice chair, Museum and Arts Law Committee, Science &
Technology Section, American Bar Association; and associate general counsel, The
Bishop Museum, Honolulu, HI; Katherine E. Lewis, chair, Museum and Arts Law
Committee, Science & Technology Section, American Bar Association; and
attorney-advisor (Contract), Smithsonian Institution Office of Contracting, New
York, NY; John ffrench, director of visual resources, Yale University Art
Gallery, New Haven, CT; Anne M. Young, manager of rights and reproductions,
Indianapolis Museum of Art