Jennifer Urban, Berkeley Technology Law Journal; How Fair Use Can Help Solve the Orphan Works Problem:
"This Article argues that legislation is not necessary to enable some uses of orphan works by nonprofit libraries and archives. Instead, the fair use doctrine in United States copyright law provides a partial solution. The Article addresses three basic questions: first, does fair use provide a viable basis on which libraries might digitize orphans? Second, does fair use provide a viable basis on which to make these orphans available to patrons or the public? Third, more generally, can or should fair use do any additional work in infringement analysis where the copyrighted work in question is an orphan?
The answer to each of these questions is yes."
The Ebook version of my Bloomsbury book "Ethics, Information, and Technology" will be published on December 11, 2025 and the Hardback and Paperback versions will be available on January 8, 2026. The book includes chapters on IP, OM, AI, and other emerging technologies. Preorders are available via Amazon and this Bloomsbury webpage: https://www.bloomsbury.com/us/ethics-information-and-technology-9781440856662/
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