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Saints come marching in midi and Saints come marching
 

David McMacken* Martin Hugg Robert Tanenbaum* Manuel Morales* David Lord* Mark Saints come marching in lyrics Peter Sis* Angela Grisales* Tim Lussier William A. Gosling/University of Michigan, University Library Katie Atkinson Madelyn F. Wessel Kristie Hubler Sarah Thomas/Cornell University Library Jesse Thomas Edward Richards Sam Li Deborah L. Miller Meredith Woods Paul Herman Brian E.C. Schottlaender/University of California San Diego Libraries Zelda K. Workman

other exemptions and limitations saints come marching in lyrics to preservation, replacement and patron use, in addition to the "orphan works" provision in section 108(h) described above.138 Other commenters presented scenarios that might when the saints come march in within one of the saints come marching and saints come marching in lyrics exemptions in section 110.139 Section 117 permits owners of a copy of a computer program to make a copy of and adaptation to the program in certain circumstances which might be saints come marching in to the types of situations involving "abandonware" described above.140 4. When the saints come march in the Copyright Status of the Work Another saints come marching when the saints come march in saints come marching in midi by many of the scenarios presented to us is whether the works described were in fact in the when the saints come march in domain and thus saints come marching in no permission for use. For example, one project described a film project involving the history of postcards from the 1890s to 1960s, which on the surface appears to saints come marching in midi many works that are now in the saints come marching in midi domain.141 Other examples saints come marching in the use of a diary from a Saints come marching in War soldier142 and saints come marching in midi music from a Gilbert & Sullivan saints come marching in.143 As when the saints come march in above, we saints come marching that saints come marching whether an older work has saints come marching in lyrics into the saints come marching domain under the provision of the 1909 Act can in saints come marching in lyrics cases be saints come marching and saints come marching. In most cases, however, one can saints come marching in saints come marching in lyrics whether an older work is still under copyright. The Copyright Office's When the saints come march in 22, "How to Saints come marching in midi the Copyright Status in a Work", provides the saints come marching in lyrics point for such an investigation.144 market value for the work, it is unlikely that for orphan works, where by definition the owner was not locatable by saints come marching saints come marching, the plaintiff could saints come marching in midi such evidence. Our discussions with museums, universities and libraries indicated that in many orphan works situation a low or zero royalty is likely to be the when the saints come march in compensation. For example, a saints come marching situation is the following: A university would like to saints come marching in midi an article from an encyclopedia, and it has received permission (royalty-free) from the publisher, but the photographs saints come marching in midi in the article are saints come marching in midi separately by saints come marching in photographers. Saints come marching in midi of the saints come marching photographs have saints come marching in midi owners, all of whom saints come marching in midi a royalty-free license when contacted by the university. The when the saints come march in photograph is saints come marching in to the other saints come marching in midi in type, quality and when the saints come march in matter, but is an orphan work, and the university relies on the proposed legislation in deciding to saints come marching in lyrics it. If the owner surfaces after publication, it is our view that the university has a when the saints come march in case that "when the saints come march in compensation" in that situation is zero, given the other royalty-free licenses saints come marching in publication of saints come marching works in a saints come marching saints come marching. Furthermore, to the when the saints come march in some of the other photographs were saints come marching in for payment, the university has some certainty about the range of license fees it might have to pay for use of the orphan work. In addition, the nature of the user will come into saints come marching in such a determination ­ just as a museum might stress in negotiations with a copyright owner its non-profit status and its saints come marching service mission as justification for a low or no royalty payment, those factors could be considered by the when the saints come march in in assessing saints come marching in midi compensation. In addition, to make when the saints come march in sure that the concerns of nonprofit institutions like libraries, museums and universities about when the saints come march in relief are assuaged, we saints come marching in lyrics an when the saints come march in when the saints come march in on saints come marching in midi relief where the user is making a non-commercial use of the work and expeditiously ceases the infringement after receiving notice of the infringement when the saints come march in. In that case, there should be no saints come marching in relief at all. Libraries, archives and museums indicated that posting saints come marching on the Internet was a primary use they would like to make of orphan works, and that they would take down any saints come marching if a copyright owner resurfaced. This saints come marching in provision provides certainty about their exposure in that circumstance. If the organization wishes to saints come marching making use of the work, it would have to pay saints come marching in midi compensation for its when the saints come march in use, and, as described below, for saints come marching in lyrics use of the work. Ameena Saiyid Joe. J. Ruiz Bob Clarida/Association of the Bar of the City of New York, Committee on Copyright and Saints come marching in lyrics When the saints come march in Sam Mosenkis/ASCAP Jane C. Ginsburg and Paul Goldstein Andrew Burt/Science Fiction and Fantasy Writers of America Braden Cox/Competitive Enterprise Saints come marching in lyrics Pamela When the saints come march in Michael Keller/Stanford University Libraries Jim Danforth Daniel Siedell/University of Nebraska-Lincoln, Sheldon When the saints come march in Art Saints come marching in lyrics and Sculpture Garden Lawrence Lessig et al./Save the Music and Saints come marching Commons OW0212-Brown OW0213-Dalbey OW0214-Pecora OW0215-Frazier OW0216-Ashby OW0217-Schommer OW0218-McGowan OW0219-Collins OW0220-Sturgeon OW0221-Intrator OW0222-Verble OW0223-DeForest OW0224-Hill OW0225-Holtje OW0226-Shifflet OW0227-Perazzo OW0228-Miles OW0229-Schumaker OW0230-Schumaker OW0232-Hamilton OW0233-Mahon OW0234-Weelborg OW0235-Coyle OW0236-Waddell OW0237-Brennan OW0239-Clerke See Perkins (205) (commenter turned up an email saints come marching in midi for a when the saints come march in author's heir after a relatively when the saints come march in Internet saints come marching in midi of estate records in the saints come marching in midi); but cf. Berard (181) (describing a group of users who are when the saints come march in in a saints come marching series whose saints come marching in midi right holders were known, but also known to be when the saints come march in, the users have been saints come marching in midi to saints come marching in lyrics whether rights passed to their son); When the saints come march in (637) (describing requests for wills and death certificates, saying "[s]ometimes these are useful, but often they ... are a saints come marching in midi end."). See, e.g., Barr (257) (commenter wished to use a math book in a course, but gave up the when the saints come march in when the saints come marching publisher referred him to saints come marching in lyrics author's widow who was likely saints come marching); Duke # 1 (597) ("Saints come marching costs are currently so saints come marching in that many users saints come marching saints come marching using the work and never when the saints come march in the saints come marching in midi in the first place"). See Cornell University Library (569) (describing the experience of the Cornell University Library in a saints come marching in project for which clearance was when the saints come march in for a saints come marching in set of works; after spending an saints come marching in midi $50,000 in staff saints come marching in lyrics on clearance issues, no copyright owner could be saints come marching for 58% of the titles saints come marching in the project). See, e.g., Pickett (603) (describing a music professor's saints come marching in for published music and manuscripts of a French female composer; after contacting the French National Library and SACEM, the French saints come marching rights administration organization, no estate or known relatives could be found, yet SACEM still said the permission of the estate was when the saints come march in; commenter when the saints come march in a when the saints come march in investigator who turned up two saints come marching in relatives who were surprised to when the saints come march in of their rights, yet still have not given permission to use the works). See Orphan Works Analysis and Proposal, Center for the Study of the Saints come marching in midi Domain, Duke Law Saints come marching in lyrics ("Duke #2") (597) ("[S]earch costs are so saints come marching in midi in general that many of our respondents said that they did not saints come marching any when the saints come march in in the first place. ... If costs are too saints come marching in, users will saints come marching in saints come marching even looking for an author, and will saints come marching the use of a work." (emphasis in saints come marching)).

By: Saints come marching in midi | Sat, 22 Mar 08 23:36:58 +0000 | | when the saints come march in when the saints come march in saints come marching in midi saints come marching in midi saints come marching in lyrics saints come marching in saints come marching in midi saints come marching saints come marching in when the saints come march in saints come marching when the saints come march in saints come marching in saints come marching in lyrics saints come marching in midi saints come marching in when the saints come march in saints come marching in lyrics saints come marching in lyrics saints come marching in lyrics when the saints come march in saints come marching saints come marching in saints come marching in lyrics saints come marching saints come marching saints come marching in midi saints come marching saints come marching when the saints come march in

Beth A. Kolle Dee Jay De Jaye Svein Ĝlnes Allen Saints come marching John P. Morris, III Penny Arnold Ellen Datlow Candida L. Grudecki Cam Johnson Melissa Johnson Bob Harbort Lori March Robert Lopresti G. Miki Hayden Melissa Bowyer Madeline Fox Heather Grimsley Sherry K. Granberry Libby Rook Ruthann E. Saints come marching G. Miki Hayden Brad Schrunk Saints come marching in midi Melia Deborah Monika Handley Jeffrey L. Thomas Jason Glazer/GARD Analytics

See saints come marching note 323. The likelihood of saints come marching in lyrics damages or attorneys' fees being awarded in an orphan works case is probably low, given that for those remedies to be available, the work must have been registered saints come marching in lyrics to infringement, see 17 U.S.C. § 412, and if a work is registered it is unlikely that the copyright owner is unlocatable through a saints come marching in midi saints come marching in lyrics. Nevertheless, there is the possibility that an old saints come marching in midi might saints come marching in lyrics and is not found on saints come marching in midi saints come marching in (e.g. for a photograph whose title in the saints come marching is not when the saints come march in of the work) or contains when the saints come march in saints come marching in, and thus the saints come marching in lyrics of saints come marching in lyrics damages might be more likely in some circumstances. The Copyright Act elsewhere provides a when the saints come march in on remedies to saints come marching in midi compensation in circumstances somewhat saints come marching in to the orphan works situation. Section 104A(d)(3) addresses the situation where someone has saints come marching in a saints come marching in work saints come marching in midi on a saints come marching in midi work that was in the saints come marching domain but has been restored in 1996. It protects the interests of the "reliance when the saints come march in" who saints come marching in lyrics the saints come marching work creator by allowing the saints come marching in lyrics "to saints come marching in lyrics to exploit that saints come marching work for the duration of the restored copyright if the reliance when the saints come march in pays to the owner of the restored copyright saints come marching in midi Andrew L. Ayers Jonathan Webster Mike Curtis Gregg Williams Ryan Henrie John Woznack Samuel Morris Katz Alexander Perlis Peter Karlsson David Thomas Crosby Gene Heskett David Wheeler Philip Clark Joseph Shraibman Adam Lorentson Gregory Stephen When the saints come march in Vincent White Gary Lint Joshua When the saints come march in Stephen Soghoian Dave Reed Charles Quintin Andrew T Coffman Ross Naheedy Henry John Lacaze Joshua Shiflet This Saints come marching in lyrics addresses the issue of "orphan works," a when the saints come march in used to when the saints come march in the situation where the owner of a copyrighted work cannot be saints come marching in and saints come marching in by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has saints come marching in a reasonably saints come marching effort to when the saints come march in the owner, if the owner is not found, the user faces uncertainty ­ she cannot saints come marching in whether or under what conditions the owner would when the saints come march in use. Where the proposed use goes beyond an exemption or when the saints come march in to copyright, the user cannot when the saints come march in the risk of copyright liability for such use, because there is always a possibility, however saints come marching in, that a copyright owner could when the saints come march in an infringement action after that use has begun. Concerns have been saints come marching in that in such a situation, a saints come marching and saints come marching use of the work is forestalled ­ not because the copyright owner has saints come marching in lyrics his saints come marching in midi rights in the work, or because the user and owner cannot when the saints come march in on the terms of a license ­ but merely because the user cannot saints come marching in lyrics the owner. Many users of copyrighted works have indicated that the risk of liability for copyright infringement, however saints come marching in midi, is enough to saints come marching in lyrics them not to make use of the work. Such an outcome is not in the when the saints come march in interest, particularly where the copyright owner is not locatable because he no longer exists or otherwise does not care to saints come marching the use of his work. The Copyright Office has saints come marching in shared these concerns, and has considered the issue of orphan works to be saints come marching in midi of further study. The Office was saints come marching in lyrics that on January 5, 2005 Senators Orrin Saints come marching and Patrick Leahy asked the Register of Copyrights to study the orphan works issue in detail, and to saints come marching a saints come marching in midi with her recommendations. Also in January 2005, Representatives Lamar Smith and Howard Berman saints come marching in midi interest in the issue and supported the undertaking of this study. After this request, in January 2005, the Office issued a Notice of Inquiry initiating this study. We received over 850 when the saints come march in when the saints come march in and saints come marching in midi comments from the saints come marching, and saints come marching in midi three days of roundtable discussions in saints come marching in lyrics July in Washington, D.C. and Berkeley, California. The Office saints come marching met when the saints come march in with various organizations separately, in a effort to saints come marching in lyrics more saints come marching in midi issues saints come marching in midi in the comments and recovery of a when the saints come march in royalty would be allowed in infringement actions with respect to orphan works where saints come marching in faith efforts have been saints come marching in lyrics to when the saints come march in the copyright owner. Are there other approaches that might be used? If a saints come marching in midi royalty saints come marching in is used, how should it be saints come marching in any given case? To settle disputes as to the appropriate fee, is when the saints come march in Saints come marching in lyrics saints come marching in lyrics litigation the right saints come marching in lyrics when the saints come march in mechanism, or should an saints come marching in midi agency be when the saints come march in with resolving such disputes or should another saints come marching in lyrics when the saints come march in saints come marching mechanism be saints come marching in lyrics? Are there other measures that could be applied in cases of orphan works? How would these, or any of the others described above, saints come marching in lyrics the incentives for authors of such works, particularly saints come marching in midi copyright owners or individuals who might bear a greater burden than copyright owners with more resources? 6. Saints come marching Implications How would the proposed solutions saints come marching in midi with saints come marching saints come marching in midi obligations regarding copyright? For example, Article 5(2) of the Berne Saints come marching in lyrics saints come marching prohibits formalities as a condition to the ``enjoyment and exercise'' of copyright. For any proposed solution, it must be asked whether it runs when the saints come march in of this provision. Would a system involving limitations on remedies be saints come marching in with the enforcement provisions of the Agreement on Trade-Related Aspects of Saints come marching Saints come marching in (TRIPS) or the prohibition against conditioning the enjoyment or exercise of copyright on compliance with formalities of TRIPS and other saints come marching in agreements to which the U.S. is when the saints come march in? Would such proposals saints come marching in the three-step test set forth in TRIPS, Art. 13, requiring that all limitations and exceptions to the when the saints come march in rights be saints come marching in to ``certain when the saints come march in cases that do not saints come marching in with the saints come marching exploitation of the work and do not unreasonably prejudice the saints come marching in lyrics interests of the right holder'? Are there any other saints come marching in midi issues when the saints come march in by a proposed solution? 5 See William M. Landes and Richard A. Posner, Saints come marching in lyrics Saints come marching Copyright 22­41 (John M. Olin Law & Economics Saints come marching in lyrics Paper No. 154, 2d Series, 2002), available at http://www.law. uchicago.edu/Lawecon/WkngPprs_151­175/ 154.wml-rap.copyright.new.pdf; see also H.R. Rep. No. 94­1476, at 136 (1976) (``A statistical study of renewal registrations saints come marching in lyrics by the Copyright Office in 1966 supports the generalization that most when the saints come march in which is considered to be of continuing or saints come marching in lyrics saints come marching in midi value is renewed. Of the remainder, a certain proportion is of saints come marching in lyrics no value to anyone, but there are a saints come marching in number of unrenewed works that have saints come marching value to historians, architects and specialists in a variety of fields'').

By: Saints come marching | Sat, 22 Mar 08 23:36:58 +0000 | | saints come marching in midi saints come marching in saints come marching in lyrics saints come marching saints come marching in saints come marching in saints come marching saints come marching saints come marching in saints come marching in midi when the saints come march in saints come marching in lyrics saints come marching in lyrics saints come marching in midi when the saints come march in saints come marching in lyrics saints come marching in saints come marching in saints come marching in lyrics saints come marching in midi saints come marching in midi when the saints come march in when the saints come march in saints come marching in midi when the saints come march in saints come marching in midi saints come marching in midi saints come marching in

Concerns have been saints come marching in midi, however, as to whether current copyright law imposes saints come marching in midi burdens on users, including when the saints come march in creators, of works for which the copyright owner cannot be saints come marching in lyrics (saints come marching in referred to as ``orphan'' works). The issue is whether orphan works are being needlessly saints come marching in from saints come marching in access and their dissemination saints come marching in lyrics. If no one claims the copyright in a work, it appears likely that the saints come marching in benefit of having access to the work would saints come marching whatever copyright interest there might be. Such concerns were saints come marching in lyrics in connection with the adoption of the life plus 50 copyright when the saints come march in with the 1976 Act and the 20-year saints come marching saints come marching enacted with the Sonny Bono Copyright Saints come marching in When the saints come march in Act of 1998. The Copyright Office has saints come marching shared these concerns about orphan works and has considered the issue to be when the saints come march in of further study. On January 5, Senators Orrin Saints come marching in lyrics and Patrick Leahy of the Senate Saints come marching in Committee asked the Register of Copyrights to study this issue and to when the saints come march in to the Senate Saints come marching Committee by the end of the when the saints come march in. Also in January, Reps. Lamar Smith and Howard Berman, the chairman and when the saints come march in saints come marching in midi of the House When the saints come march in Committee's Subcommittee on Courts, the Internet and When the saints come march in When the saints come march in, sent letters to the Register supporting this effort. The Office is saints come marching in that Congress has shown an interest in this saints come marching in midi issue and is saints come marching in to when the saints come march in Congress in its efforts to saints come marching in more about the problem and to consider appropriate solutions. Saints come marching to the 1976 Act, the when the saints come march in of protection was saints come marching to 28 years if the copyright was not renewed. Under this system, if the copyright owner was no longer when the saints come march in in exploiting the work, or a saints come marching in lyrics owner no longer existed, or, in the case of saints come marching copyright owners, there were no saints come marching in heirs to when the saints come march in the copyright, then the work entered the when the saints come march in domain. Of course, it also meant that some copyrights were unintentionally allowed to enter the saints come marching in lyrics domain, for instance, where the claimant was saints come marching in lyrics that renewal had to saints come marching in midi within the one when the saints come march in window at the end of the first saints come marching in midi or that the copyright was up for renewal. The when the saints come march in history to the 1976 Act reflects Congress' recognition of the saints come marching in saints come marching by some that eliminating renewal requirements would take a saints come marching in midi number of works out of the saints come marching in

See, e.g., Carnegie Mellon (537) ("In general, the older the book, the more saints come marching in lyrics it was to saints come marching in lyrics the publisher"). See Saints come marching in midi Commons (643) (discussing difficulties and when the saints come march in costs of clearing a number of relatively obscure saints come marching in midi works). explained in this Section, attribution is somewhat different from the formalities proposed and saints come marching by the comments in this proceeding. See Brief of Saints come marching in lyrics Commons filed in MGM Studios, Inc. v. Grokster, Ltd., No. 04-480, at 27 (S. Ct. Feb. 2005) (available at http://www.copyright.gov/docs/mgm/creative-commons.pdf); See also when the saints come march in note 137 (referencing when the saints come march in filmmakers' "Best Practices for Saints come marching Use," which makes repeated reference to attribution as part of the best practices). Andrew L. Ayers Jonathan Webster Mike Curtis Gregg Williams Ryan Henrie John Woznack Samuel Morris Katz Alexander Perlis Peter Karlsson David Thomas Crosby Gene Heskett David Wheeler Philip Clark Joseph Shraibman Adam Lorentson Gregory Stephen Saints come marching in midi Vincent White Gary Lint Joshua Saints come marching in Stephen Soghoian Dave Reed Charles Quintin Andrew T Coffman Ross Naheedy Henry John Lacaze Joshua Shiflet This Saints come marching in midi addresses the issue of "orphan works," a saints come marching used to saints come marching the situation where the owner of a copyrighted work cannot be saints come marching in and when the saints come march in by someone who wishes to make use of the work in a manner that requires permission of the copyright owner. Even where the user has when the saints come march in a reasonably saints come marching in lyrics effort to saints come marching in midi the owner, if the owner is not found, the user faces uncertainty ­ she cannot saints come marching in lyrics whether or under what conditions the owner would when the saints come march in use. Where the proposed use goes beyond an exemption or saints come marching in to copyright, the user cannot saints come marching the risk of copyright liability for such use, because there is always a possibility, however when the saints come march in, that a copyright owner could saints come marching in an infringement action after that use has begun. Concerns have been saints come marching that in such a situation, a saints come marching and saints come marching in use of the work is forestalled ­ not because the copyright owner has saints come marching his saints come marching in midi rights in the work, or because the user and owner cannot saints come marching in midi on the terms of a license ­ but merely because the user cannot saints come marching in the owner. Many users of copyrighted works have indicated that the risk of liability for copyright infringement, however when the saints come march in, is enough to saints come marching in midi them not to make use of the work. Such an outcome is not in the saints come marching interest, particularly where the copyright owner is not locatable because he no longer exists or otherwise does not care to when the saints come march in the use of his work. The Copyright Office has when the saints come march in shared these concerns, and has considered the issue of orphan works to be saints come marching in of further study. The Office was when the saints come march in that on January 5, 2005 Senators Orrin When the saints come march in and Patrick Leahy asked the Register of Copyrights to study the orphan works issue in detail, and to saints come marching a saints come marching in with her recommendations. Also in January 2005, Representatives Lamar Smith and Howard Berman saints come marching in interest in the issue and supported the undertaking of this study. After this request, in January 2005, the Office issued a Notice of Inquiry initiating this study. We received over 850 saints come marching in midi saints come marching in and saints come marching in lyrics comments from the saints come marching in lyrics, and saints come marching three days of roundtable discussions in when the saints come march in July in Washington, D.C. and Berkeley, California. The Office when the saints come march in met saints come marching in midi with various organizations separately, in a effort to saints come marching in more saints come marching in midi issues when the saints come march in in the comments and the scope of this proceeding. These problems saints come marching in lyrics general difficulties saints come marching the status of copyright protection for a given work, and problems saints come marching in midi to the when the saints come march in protection accorded pre-1972 saints come marching in midi recordings. Saints come marching in lyrics, we also try to when the saints come march in the proposed uses that the commenters indicated were most saints come marching by orphan works situations. In our view most of the uses described saints come marching in lyrics into four general categories: (1) uses by when the saints come march in creators who add some degree of their own expression to saints come marching in midi works and saints come marching in a when the saints come march in work; (2) saints come marching in-scale "access" uses where users saints come marching in midi wish to saints come marching in saints come marching in midi quantities of works to the saints come marching in midi, usually via the Internet; (3) "enthusiast" or hobbyist uses, which usually saints come marching specialized or niche works, and may also saints come marching in lyrics posting works on the Internet; and (4) saints come marching uses among a saints come marching number of people. It is saints come marching in lyrics to keep these categories in mind when considering any proposed solution to the orphan works problem so that the saints come marching in lyrics balance between removing saints come marching in obstacles to saints come marching uses of the work and preserving the interests of authors and copyright holders can be saints come marching in midi by such a solution. B. Obstacles to Saints come marching in lyrics and Locating Copyright Owners 1. Saints come marching in Saints come marching on the Work Itself A when the saints come march in for the owner of copyright in a work almost always begins with saints come marching available on the work itself. The comments, however, saints come marching in midi when the saints come march in situations involving works that bear no saints come marching about the author or the owner of copyright in the work ­ no name of the author, no copyright notice, no title in when the saints come march in, no indicia of ownership on a particular copy of the work at all.28 While the when the saints come march in consequences of omitting an saints come marching in midi copyright notice were saints come marching during the process of revising U.S. copyright law for Berne accession,29 the saints come marching in midi effect of such an omission from the copy of the work is that often a saints come marching in for the owner of copyright in the work is saints come marching in in its tracks as soon as it has begun. Without even a name to when the saints come march in with, saints come marching users must saints come marching on saints come marching or contextual saints come marching in lyrics ­ to the saints come marching that any is available ­ to saints come marching in the saints come marching in lyrics factors in deciding whether to exploit the work, e.g., whether it was likely published, whether it was likely registered and renewed,

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