Category: orphan works

Fordham’s debate about Canada’s unlocatable copyright owner regimeFordham’s debate about Canada’s unlocatable copyright owner regime



Fordham has the best IP conference. It stimulates vigorous debates about IP issues at and after the conference. A case in point is the usefulness of Canada’s orphan works regime.

I was a panelist at Fordham which addressed the challenges associated with orphan works. I provided a summary of Canada’s Unlocatable Copyright Owner process highlighting its usefulness. I later did a blog post on the topic, Orphan works: the Canadian solution.

The debate about Canada’s regime started at Fordham when Howard Knopf (a persistent Fordham questioner) disagreed with my assessment stating the following (according to the Fordham unedited transcript of the panel):

QUESTION [Howard Knopf]:  Barry, I think, with all respect, you are looking at the Canadian situation through rose-colored glasses. 

Orphan works: the Canadian solutionOrphan works: the Canadian solution



I had the pleasure of being a panelist at the 2014 Annual Fordham Law and Policy IP Conference.  My panel was on the topic of orphan works and mass digitization.  My contribution was to provide a summary of Canada’s orphan works regime. The following are some of my speaking notes from the panel.

S.77 of the Act sets out the basis for granting licences to works and other subject matter where the owner cannot be located after reasonable efforts. S.