Lawrence Lessig’s presentation of his orphan works proposal is now available on his blog. Libraries are particularly interested in what Congress will enact regarding “orphan works” (copyright-protected materials whose copyright owners cannot be located) for library digitization projects.
Lessig’s proposal covers only published works, not unpublished works. Because many digitization projects include unpublished, unique materials held by libraries, it would be helpful to libraries if the orphan works legislation provides for unpublished materials as well as published materials. Perhaps Congress will be able to find a middle ground when introducing orphan works legislation.