Friday, February 10, 2012

Cyberlaw Clinic Chief On 'Orphan Works' Bill

April 26, 2008

Jennifer Urban, interim director of Stanford Law School's Cyberlaw Clinic, offered us insight on the introduction of House and Senate legislation last week that would change how the U.S. copyright regime deals with "orphan works" -- content whose owners cannot be easily identified. She said the bills set a balanced framework for allowing filmmakers, libraries and others to move forward when they cannot find the owner of a copyrighted work.

With today's lengthy copyright terms, corporations go defunct and heirs lose interest or are never aware of the work, Urban pointed out. Plus, works that owners never found economically valuable (old family film footage, photographs) are covered by copyright and are therefore too risky to use if the owner can't be found. Content that is not economically valuable can still be incredibly culturally valuable, she added.

Urban and her squad of cyberlaw students have been representing independent and documentary filmmakers for three years as they have weighed in and helped shape the reform effort. "There is still work to be done, but the introduction of these bills is a big step forward," she said.

Read CongressDaily's latest orphan works coverage here.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.