WHAT TYPE OF SYSTEM TO USE
- Use by use (the Canadian example) or a blanket approach?
- Limited to specific types of works or uses or applicable to all copyrighted works?
- Should a statement of use be filed in advance and with what entity?
THE SEARCH
- What is a reasonable search for the copyright owner?
- Does the “reasonableness” of a search depend upon the intended use, i.e. should the search for a commercial use be more intensive than a non-commercial use?
- What evidence of a search should be kept and should it be filed with the U.S. Copyright Office?
- Should a statement of use be filed with the U.S. Copyright Office before use commences?
DATABASES
- Should the Copyright Office run a database to enable searches for copyright owners?
- Are private sector databases a viable and/or preferable alternative to a Copyright Office database?
- What technology needs to be developed that is not available today either to better locate owners or find users?
RECOGNITION
- How should the creator be credited if some information is available?
USES
- Should only non-commerical uses be made of orphan works?
- Should uses only be allowed of the same type of us as the original (photograph to photographic reprint, but not photograph to advertising)?
- Are there potentially objectionable uses that should not be allowed (hate speech, pornography, etc...) and who determines what is potentially objectionable?
ADVANCE COMPENSATION
- Should compensation be paid in advance into an escrow account?
- Who gets the money if no one ever shows up?
AFTER USAGE COMPENSATION
- Who sets the compensation amount and what use is it for?
- Can the owner who shows up say no to further use even if a royalty is paid?
- What about exclusive licensing arrangements that are now no longer exclusive?
- What if the user offers $50 for a work and the owner wants $500 or $50,000?
INJUNCTIONS
- If an orphan photograph is used in a book, what happens to unsold copies if the copyright owner reappears and demands that the use be stopped?