What Shall We Do About 'Orphan Works'?

Law360, New York (September 29, 2015, 8:06 PM EDT) -- On Sept. 22, a California federal judge ruled that Warner/Chappell Music Inc. does not own a valid copyright on "Happy Birthday To You," thereby adding one of the most recognizable English language songs to the millions of "orphan works." What should be done to more fairly enable the use of orphan works?

Naomi Jane Gray, Harvey Siskind LLP

The orphan works problem plagues many would-be users of works who cannot identify or locate the owners of works they may wish to license. This introduces uncertainty and risk into the creative process and can chill expression. There have been many calls for...

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