The OER Knowledge Cloud makes use of cookies. By continuing, you consent to this use. More information.
Canada's 'Orphan Works' regime: Unlocatable owners and the Copyright Board
DeBeer, Jeremy F. and Bouchard, Mario

Published2010
JournalOxford University Commonwealth Law Journal
Volume 10, Issue 2 (Winter), Pages 215-255
CountryCanada, North America

ABSTRACT
This article analyses Canada’s approach to the problem of unlocateable copyright owners, more commonly called the problem of orphan works. Section 77 of the Copyright Act empowers the Copyright Board of Canada to issue a non-exclusive licence to an applicant whose reasonable efforts to locate a copyright owner have been unsuccessful. The article begins with a legal analysis of this statutory scheme, based on a review of every application made to the Board pursuant to s 77. These applications were catalogued into a database to facilitate detailed, empirical review and statistical analysis. This analysis lays the groundwork for comparisons among the Canadian system and approaches that already exist or are being considered in other jurisdictions, an evaluation of the underlying public policy issues, and a discussion of possible legislative or regulatory responses to the problem.

Keywords Canada · copyright · Copyright Board · orphan · orphan work · unlocatable owner

Languageen
URLhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=1916840
Export optionsBibTex · EndNote · Tagged XML · Google Scholar


Viewed by 8 distinct readers




CLOUD COMMUNITY REVIEWS

The evaluations below represent the judgements of our readers and do not necessarily reflect the opinions of the Cloud editors.

Click a star to be the first to rate this document


POST A COMMENT
SIMILAR RECORDS

Access Copyright: 2017 annual report
Access Copyright
Annual report contains the President and CEO's report, the "York University Decision", legal updates, innovation updates and the financial report.
Match: copyright; Canada; Copyright Board; North America

Economic impacts of the Canadian educational sector's fair dealing guidelines
Executive Summary PwC has assessed the actual and expected market impacts of the implementation of the Fair Dealing Guidelines (also referred to as “Guidelines”) adopted in 2012 by the Council of ...
Match: copyright; Canada

Productivity commission: Tales of the widespread demise of Canadian publishers are just that
Katz, Ariel
Related Articles Coming to terms with copyright
Match: copyright; Canada

New issues for OERs
Downes, Stephen
This is based on my contribution to the new Creative Commons 'Education Platform' discussion of issues related to open educational resources (OERs). This is the next step following the development of a set of principles ...
Match: copyright; Canada; North America

Creating, using and sharing Open Educational Resources
McGreal, Rory
Open Educational Resources (OER) are free learning resources available on the Internet. OER can be openly licensed or in the public domain, and can be used or reused for free. They can exist in many formats: text ...
Match: copyright; Canada; North America

Investigating the perceptions, use, and impact of open textbooks: A survey of post-secondary students in British Columbia
Jhangiani, Rajiv; Jhangiani, Surita
Unrelenting increases in the price of college textbooks have prompted the development and adoption of open textbooks, educational resources that are openly licensed and available to students free of cost. Although ...
Match: Canada; North America

With due respect to PricewaterhouseCoopers
Nair, Meera
Howard Knopf (a prominent intellectual property lawyer and longstanding advocate for maintaining the limits upon copyright as prescribed by law) has drawn our attention to a new study commissioned by Access Copyright ...
Match: copyright; Canada; North America

Cours en ligne ouverts et massifs : État des lieux et adoption au Canada français: Guide et bilan de l'impact des cours en ligne ouverts et massifs (CLOM) au Canada Francophone
Grégoire, Robert; European Association for Distance Teaching Universities
Match: Canada; North America

Developing and deploying OERs in sub-Saharan Africa: Building on the present
Wright, Clayton R.; Reju, Sunday A.
Open educational resources (OERs) have the potential to reduce costs, improve quality, and increase access to educational opportunities. OER development and deployment is one path that could contribute to achieving ...
Match: copyright; Canada

Stealing the goose: Copyright and learning
McGreal, Rory
The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are ...
Match: copyright; Canada