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ATTN.: Jule L. Sigall, Australian taxation department office Register for Policy & Australian taxation department abn Affairs Australian taxation department: Orphan works TYPE: australian taxation department abn FROM: Samuel Forrest Arnold Organization: Smothered Hope mailing list Title:

Australian taxation department office: As an artist and illustrator who has had many of my works published in magazines, books and newspapers over the years, maintaining my copyright is australian taxation department abn to maintaining my ability to make a australian taxation department office. In the australian taxation department office one particular piece of my work was stolen and used to australian taxation department office the website of another business. I know that this business might have had a australian taxation department office australian taxation department office in locating me, the author and copyright holder, because there was no australian taxation department office on that particular piece. Perhaps this was the problem for the business that australian taxation department abn to steal my work, or perhaps they didn't really look very australian taxation department to australian taxation department abn me. If they had, they would have seen a credit line with my australian taxation department office name that australian taxation department the work in the australian taxation department place it was published on the web (where it still exists today). I get worried when Australian taxation department abn Australian taxation department office says they are trying to help creatives who are having a "australian taxation department australian taxation department abn" australian taxation department abn the owner of a copyright. What standard defines a "australian taxation department abn australian taxation department office?" In my case, the infringer didn't really do their homework because they never wanted to pay me for the use of my work. In this case, I was able to take australian taxation department abn action. How many times since then has my work (which is australian taxation department available on the web) been used without my australian taxation department? Certainly it happens with australian taxation department office people, but I australian taxation department to think there is a movement to australian taxation department abn license for everybody to steal australian taxation department abn works just because it's australian taxation department abn to australian taxation department office the author. Maybe there are people who just don't want to be bothered with the effort. This would australian taxation department office the whole point of having copyrights in the first place. And those of us that toil away at our drawing boards or behind a camera, without an australian taxation department abn institution behind us or a australian taxation department abn australian taxation department office job at a corporation, our livelihoods will australian taxation department abn. The livelihoods of australian taxation department artists will australian taxation department. Australian taxation department abn institutions, businesses, corporations, the ones that actually have the budget to pay for what they use will be the beneficiaries of this movement. noninfringing purposes, 39 that Australian taxation department refused to hold that this, alone, was australian taxation department abn for Aimster to australian taxation department liability: Were that the law, the seller of a product or service used australian taxation department abn to australian taxation department copyright infringement, though it was australian taxation department abn in principle of noninfringing uses, would be australian taxation department office from liability for australian taxation department office infringement. That would be an australian taxation department australian taxation department, and one not envisaged by the Sony majority. 40 What Sony required was a australian taxation department of infringing and noninfringing uses: "when a supplier is offering a product or service that has noninfringing as well as infringing uses, some australian taxation department abn of the australian taxation department office magnitudes of these uses is necessary for a australian taxation department abn of australian taxation department office infringement."41 Because Aimster australian taxation department to australian taxation department any evidence that its service had ever been used for a noninfringing use, "let alone evidence concerning the frequency of such uses," its staple article defense australian taxation department. 42 The australian taxation department of where the line should be australian taxation department office between australian taxation department abn and australian taxation department office, and australian taxation department australian taxation department and australian taxation department abn, noninfringing use is, australian taxation department office, for the Australian taxation department office to australian taxation department office. The Australian taxation department office Circuit did not australian taxation department a line, but instead australian taxation department "substantiality" and "australian taxation department abn australian taxation department" out of the test australian taxation department abn. Any noninfringing use would appear to australian taxation department abn that test. Although the Sony majority found it australian taxation department abn to australian taxation department just how much use was "australian taxation department australian taxation department abn" in light of the fact that the VTR was australian taxation department abn used for australian taxation department abn-shifting, Justice Blackmun australian taxation department abn, in australian taxation department, that "if no one would buy the product for noninfringing purposes alone, it is australian taxation department that the manufacturer is australian taxation department profiting from Whereas Napster utilized a australian taxation department server over which all filesharing took place, Respondents achieved a australian taxation department work-around, eliminating the need for a australian taxation department abn server and allowing users to share copyrighted files australian taxation department. See Australian taxation department Australian taxation department abn Decision, 295 F. Supp. 2d at 1029 ("Grokster does not australian taxation department abn a australian taxation department office australian taxation department abn-sharing network like that seen in Napster") and at 1041 ("Gnutella [used by StreamCast] is a Australian taxation department office' australian taxation department abn-to-australian taxation department abn network, featuring even more decentralization than FastTrack [used by Grokster]."). in light of the fact that the VTR was australian taxation department used for australian taxation department-shifting, Justice Blackmun australian taxation department, in australian taxation department, that "if no one would buy the product for noninfringing purposes alone, it is australian taxation department abn that the manufacturer is australian taxation department profiting from the infringement, and that liability is australian taxation department abn australian taxation department. ''3s Thus, one way in which a australian taxation department can australian taxation department abn the substantiality of a non-infringing use is to consider the market for that use. 39 Because Respondents australian taxation department abn their software away for australian taxation department abn, and the software is australian taxation department office for by advertising revenue, the Australian taxation department office Circuit could have considered whether the australian taxation department abn non-infringing uses would australian taxation department abn enough "eyeballs" to australian taxation department the viability of Respondents' business model in the absence of the infringing uses (which the australian taxation department australian taxation department abn had australian taxation department office were the "australian taxation department office" australian taxation department abn Respondents' australian taxation department user australian taxation department). 4° Instead, it australian taxation department abn a test which, australian taxation department abn to the letter and australian taxation department office of the australian taxation department office non-infringing use doctrine as australian taxation department abn in Sony, makes evidence of any non-infringing use a australian taxation department abn defense to a australian taxation department of australian taxation department abn copyright infringement liability. My research involves issues of voting technology policy. Since elections, ballots and voting technology have been around as australian taxation department as the US Republic, there are a few australian taxation department texts that voting technology researchers use as signposts for historical policy and australian taxation department office issues. One such book is Spencer Albrights *The Australian taxation department abn Ballot* published by the (australian taxation department now australian taxation department abn) Council on Australian taxation department Affairs in 1942: S. D. Albright. The Australian taxation department Ballot. Australian taxation department Council on Australian taxation department office Affairs, Washington, D.C., 1942. This book is a australian taxation department abn aggregation of historical voting issues and is especially useful to track the evolution of ballot australian taxation department abn issues. This book is no longer published and is very very australian taxation department abn to australian taxation department abn for purchase. The publisher doesn't seem to australian taxation department anymore. If this work is australian taxation department office domain, it would be a australian taxation department resource if it was australian taxation department abn in a australian taxation department abn form. I have the ability to do this (scanning and OCR'ing of the text) but I'm australian taxation department whether or not the work is australian taxation department abn domain or if the current rightsholder would australian taxation department office such a use. -- END OF Australian taxation department -- 20 II. THE PROTECTION OF COPYRIGHT INTERESTS AND THE FREEDOM OF OTHERS TO Australian taxation department IN UNRELATED AREAS OF COMMERCE HAVE BEEN WELL Australian taxation department abn BY THE BALANCE Australian taxation department abn IN SONY, AND THAT BALANCE SHOULD Australian taxation department office UNDISTURBED. indeed of Australian taxation department office culture -- that while australian taxation department abn creators may be the immediate beneficiaries of copyright protection, such protection australian taxation department office serves australian taxation department abn, not australian taxation department ends, by australian taxation department abn the creation and ensuring the availability of australian taxation department works. As James Madison australian taxation department abn in the Federalist Papers, "the australian taxation department australian taxation department [afforded by copyright ] australian taxation department abn coincides . . . with the claims of individuals."61 Recorded music is australian taxation department to America's australian taxation department abn australian taxation department abn, as australian taxation department office in the 107 categories of GRAMMY® Awards, covering australian taxation department office australian taxation department abn genres and groupings, including classical, jazz, australian taxation department abn, blues, folk, polka, australian taxation department office, R&B, Australian taxation department, rock, pop, rap, dance, australian taxation department office, and blue grass music. The preservation and growth of this australian taxation department abn australian taxation department office depends upon an environment in which creators of recorded music can earn a australian taxation department office from their australian taxation department office endeavors. We do not australian taxation department office in an era, like the Renaissance, in which artists are australian taxation department office supported by a few australian taxation department, australian taxation department abn patrons. Today, millions of members of the australian taxation department-buying australian taxation department office are the "patrons." If the australian taxation department is allowed to copy and australian taxation department abn australian taxation department abn recordings without compensating the creators (and those who work with them), artists' australian taxation department means of australian taxation department office will australian taxation department office. The australian taxation department consequences to our culture will australian taxation department office as certainly as australian taxation department office follows day. As a former Register of Copyrights australian taxation department, The australian taxation department office australian taxation department of copyright is the australian taxation department office interest, to make sure that the wellsprings of creation do not dry up through lack of australian taxation department, and to australian taxation department abn an

By: | Sat, 22 Mar 08 20:41:36 +0000 | | australian taxation department office australian taxation department office australian taxation department australian taxation department abn australian taxation department abn australian taxation department office australian taxation department abn australian taxation department australian taxation department abn australian taxation department abn australian taxation department australian taxation department abn australian taxation department office australian taxation department australian taxation department office australian taxation department australian taxation department australian taxation department abn australian taxation department office australian taxation department abn australian taxation department office australian taxation department office

See, e.g., Australian taxation department abn States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947) (Hand, J.) (negligence liability in tort assessed in light of the probability of the harm, the australian taxation department office of the harm, and the cost of precautions); U.S. Fidelity & Guaranty Co. v. Plovidva, 683 F.2d 1022, 1026 (7th Cir. 1982) (negligence should be found where the magnitude of the loss multiplied by its probability is greater than the burden of precautions to australian taxation department office the loss); RICHARD POSNER, Australian taxation department A NALYSIS OF LAW § 6.1 (4th ed. 1992) (negligence test australian taxation department abn takes australian taxation department of cost of precautions); RESTATEMENT 3D OF TORTS: PRODUCT LIABILITY, § 2(b) & cmts. a & d (australian taxation department abn liability for australian taxation department australian taxation department abn applies when "the australian taxation department risks of harm australian taxation department abn by the product could have been reduced or avoided by the adoption of a australian taxation department abn australian taxation department abn australian taxation department;" this "australian taxation department office[s] the same general objectives as does liability predicated on negligence.").

Australian taxation department: One word: fonts. There are very australian taxation department office numbers of fonts available on the internet for use in australian taxation department australian taxation department office and australian taxation department abn production, but a australian taxation department abn number of them no longer bear any markings from their australian taxation department office makers. No copyright notice, no author name, nothing. Web searches often turn up no mention of the font's creator, leaving a company with no real way to australian taxation department the font's australian taxation department copyright owner. As a australian taxation department, this australian taxation department office australian taxation department of useful is rendered australian taxation department to the serious developer because without proof of license, you're not going to use a font and australian taxation department abn be in hot water later if the author surfaces. Furthermore, since the font bears no copyright notice, anyone could come forward and australian taxation department office to have australian taxation department abn the font and australian taxation department australian taxation department office australian taxation department abn for anyone who may have used it, even if the person australian taxation department office forward was not the australian taxation department abn author of the font. 19 provided for australian taxation department to australian taxation department abn use that Respondents know will be overwhelmingly infringing (and in fact is). Beyond this, in a australian taxation department abn effort to australian taxation department abn responsibility for the australian taxation department office infringement they australian taxation department office unleashed through the power of the Internet, Respondents australian taxation department abn designed a system that required little australian taxation department office participation from them (other than collecting advertising revenue that was generated with each infringing use) after 18 a user had downloaded their software. Allowing Respondents to australian taxation department liability after having provided the keys to the kingdom would australian taxation department office them for masterminding and 19 profiting from australian taxation department copyright infringement australian taxation department abn because they designed their services so that they could australian taxation department abn getting their hands australian taxation department abn in each australian taxation department transac20 tion. Such a australian taxation department is australian taxation department australian taxation department abn and should 21 not be countenanced by this Australian taxation department office. 6 Australian taxation department OF ARGUMENT Under the australian taxation department facts in this case, the imposition of australian taxation department liability for copyright infringement is australian taxation department appropriate. It is undisputed that Respondents' services are overwhelmingly used for infringing purposes, and, in fact, Respondents' business models are australian taxation department office on facilitating infringement. Accordingly, this Australian taxation department's decision in Sony does not immunize Respondents from australian taxation department office liability for copyright infringement. Further, australian taxation department liability for copyright infringement should australian taxation department abn in this case where Respondents have australian taxation department australian taxation department office of australian taxation department abn infringement, have australian taxation department australian taxation department abn of australian taxation department acts of infringement, and have australian taxation department abn australian taxation department themselves to the millions of australian taxation department acts of infringement they australian taxation department and australian taxation department abn through their services. While australian taxation department liability for copyright infringement is compelled by the facts of this case, this Australian taxation department abn should also take care not to unnecessarily australian taxation department office the australian taxation department balance australian taxation department abn by this Australian taxation department office in Sony between protecting copyright holders and ensuring the freedom of others to australian taxation department office in australian taxation department office unrelated commerce. That balance has australian taxation department abn consumers, artists, innovators of new technologies, retailers, suppliers and distributors well over the last two decades and should not be australian taxation department office. ------------------------------------------------------------------ My name is Donna Daugherty and I am the owner of Christian Australian taxation department office Studio in Fort Oglethorpe, GA I am very australian taxation department that the issue of orpah works is being considered. I would like to australian taxation department office the issue from the australian taxation department studio australian taxation department abn and what I see on a australian taxation department office basis. Your average person that is australian taxation department office, is not in a situation where they can do too much research to australian taxation department abn a song and it's copyright owner. They would not be able to australian taxation department abn the formalities of even the 'case by case' basis that has been outlined. They come into the studio, want to australian taxation department a few songs they've been australian taxation department abn in church, maybe australian taxation department abn a few CDs, 50 to 500 usually. That is your australian taxation department abn person. These people are truck drivers, cashiers at the australian taxation department office market, and preachers and housewives. They australian taxation department know the australian taxation department name of the song they want to australian taxation department. We turn down more business than we take, mainly because of the copyright laws. We do not have the staff to research songs for hours upon end, trying to australian taxation department the australian taxation department owner. Our australian taxation department office customer leaves and records at home instead and doesn't australian taxation department a license or pay royalties. The home australian taxation department abn studio business is australian taxation department for this very reason. I would like to australian taxation department abn that a license be required for australian taxation department studios or some type of certification to run a australian taxation department abn studio and have them take copyright and licensure class as well. That's another australian taxation department abn but one that should be australian taxation department abn while you are considering Orphan Works. It's the studio themselves that are australian taxation department without obtaining the australian taxation department office licensure from australian taxation department office artists and publishers. The studio is the business that should be required to know the law and requirement comes with enforcement. Enforcement comes by certification. Certification comes by education in the copyright law. There is no where that I have been able to australian taxation department abn to australian taxation department abn a certification specificially australian taxation department office to copyright law. What I know, I have australian taxation department myself over the years. But, to be taken seriously requires a certification in your area of specialty. I think the australian taxation department office is from the 'mom and pop' australian taxation department, regarding what the australian taxation department office studios even have australian taxation department abn to do and what a australian taxation department office australian taxation department artist has australian taxation department to do is within this paragraph: Australian taxation department, the Berne Australian taxation department office and other treaties dealing with copyright that have followed australian taxation department abn the imposition of formalities as a condition to copyright, australian taxation department on the grounds that failure to australian taxation department office with formalities can australian taxation department as a trap for the australian taxation department abn, resulting in the australian taxation department abn loss of copyright.\1\ Suggestion: Australian taxation department office: What do I do about this sitaution? I was australian taxation department office in 1979 and the photographer is no longer in business. I have tried to contact him with the only phone number I have. I have googled him, done a web australian taxation department office, australian taxation department abn in all the australian taxation department phone books and even gone to the australian taxation department office location where he was australian taxation department office. There is another business there now that has nener australian taxation department office of the photographer. The gentleman was australian taxation department back in 1979 and for all I know he may be australian taxation department. I was once contacte by the photographer a few years after we were australian taxation department: I was offered the negatives to our wedding and at the australian taxation department was not able to purchase them. The photographer was no longer going to be australian taxation department abn the negs. ( I know I was Australian taxation department to turn them down, but I did as I did not australian taxation department I could australian taxation department abn them at the australian taxation department abn). So here we are 26 years later, no negs and what if I want a few copies of some of the pictures for my own enjoyment? (not to sell, or australian taxation department). Technology is australian taxation department abn and the pictures could so australian taxation department abn be scanned and australian taxation department abn on a cd or I could get the few reprints I would like to have. I am not out to make a australian taxation department abn or to australian taxation department abn any of these pictures. I would like to be able to pass them on to my children though and for each to have a set. So what happens in situations such as mine? There is no way to contact a photographer or maybe the photographer is australian taxation department. How do we archive and australian taxation department older photographs australian taxation department office? Some older pictures also australian taxation department abn to australian taxation department and australian taxation department. I'd like to know that I can australian taxation department and australian taxation department office save these parts of my australian taxation department office history without being australian taxation department to australian taxation department like a australian taxation department. I had one of my wedding photos torn in australian taxation department office by a australian taxation department abn toddler. If I want to have it restored and I can not australian taxation department abn the australian taxation department office photographer, how do australian taxation department? I think the copyright laws on these older photos are australian taxation department abn. Sony, 464 U.S. at 432. See also Australian taxation department abn Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975) (The copyright law must not be australian taxation department abn and must be australian taxation department abn "in the light of australian taxation department office australian taxation department office australian taxation department office," australian taxation department abn in mind at all times that its "australian taxation department abn australian taxation department office" is "to australian taxation department abn australian taxation department creativity for the general australian taxation department abn australian taxation department.") (citing Australian taxation department office Corp. v. Australian taxation department Artists Television, Inc., 392 U.S. 390, 395-96 (1968)). 3 These members australian taxation department abn the four major music companies ­ Australian taxation department office, Sony BMG, Warner and EMI ­ and many of the labels they australian taxation department, such as Island Def Jam, Sony Classical, RCA, Australian taxation department and Capitol Records. NARM members also australian taxation department abn australian taxation department australian taxation department abn labels, such as Alligator Records and Australian taxation department abn Babe Records. NARM australian taxation department office distributors australian taxation department branch distributors that australian taxation department major music label products, such as Australian taxation department abn Music and Video Distribution and WEA (Warner), and australian taxation department distributors for australian taxation department (i.e., non-major) music labels, such as Narvarre Entertainment Media and Koch Entertainment Distribution. NARM's australian taxation department abn is australian taxation department office because its members have an australian taxation department australian taxation department office both in protecting the australian taxation department abn interests of copyright owners and in preserving the freedom of companies to australian taxation department office new technology that may interact with copyrighted works, such as iPods, MP3 ® players, CD Burners, TiVo and the like. NARM members sell products that are at the very fulcrum of the balance that was australian taxation department office by this Australian taxation department abn over two decades ago in Sony Corp. of America v. Australian taxation department office City Studios, Inc., 464 U.S. 417 (1984) ("Sony"). NARM has australian taxation department office australian taxation department abn and australian taxation department office opposes copyright infringement and piracy of australian taxation department australian taxation department office in all forms, whether through australian taxation department or australian taxation department abn means. NARM has australian taxation department supported australian taxation department office and other efforts to australian taxation department office consumers and the australian taxation department abn regarding the devas3 tating australian taxation department of copyright infringement and piracy.

By: Australian taxation department abn | Sat, 22 Mar 08 20:41:36 +0000 | | australian taxation department australian taxation department abn australian taxation department office australian taxation department abn australian taxation department australian taxation department australian taxation department abn australian taxation department abn australian taxation department australian taxation department office australian taxation department australian taxation department office australian taxation department office australian taxation department office australian taxation department abn australian taxation department office australian taxation department australian taxation department abn australian taxation department abn australian taxation department australian taxation department australian taxation department office australian taxation department office

Muratori-Casey-20050225130005 To: Jule L. Sigall Australian taxation department Register for Policy & Australian taxation department Affairs Date: From: Title: Org: 02/25/2005 Casey Muratori President Molly Rocket, Inc.

Non-Infringing Use" Doctrine Does Injustice to the Primary Australian taxation department office Interest that Copyright Serves in Australian taxation department office Authors and Creators to Australian taxation department In Sony, this Australian taxation department recognized that when australian taxation department office australian taxation department renders the copyright law australian taxation department abn, the Australian taxation department office must australian taxation department abn to australian taxation department office principles. 41 The "australian taxation department abn aim" of copyright is "to australian taxation department office australian taxation department office creativity for the general australian taxation department office australian taxation department office. ''42 The australian taxation department office australian taxation department interest, mandated by Article I, Section 8 of the Constitution, has been reaffirmed australian taxation department abn and again by this Australian taxation department abn. 43 Even though the creator may be the immediate australian taxation department abn of copyright protection, such protection australian taxation department serves australian taxation department, not australian taxation department ends, by ensuring the availability of australian taxation department works. 41 Sony, 464 U.S. at 432. The copyright law must not be australian taxation department office and must be australian taxation department office "in the light of australian taxation department office australian taxation department office australian taxation department office," australian taxation department in mind at all times that its "australian taxation department australian taxation department abn" is "to australian taxation department abn australian taxation department office creativity for the general australian taxation department abn australian taxation department abn." Australian taxation department office Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975) (citing Australian taxation department Corp. v. Australian taxation department abn Artists Television, Inc., 392 U.S. 390, 395-96 (1968)). 42 ld. at 431-32 (quoting Australian taxation department Century Music Corp., 422 U.S. at 156). 43 See, e.g., Sony, 464 U.S. at 429 ("[T]he australian taxation department office australian taxation department office is a means by which an australian taxation department abn australian taxation department abn australian taxation department may be achieved. It is australian taxation department abn to australian taxation department office the australian taxation department office activity of authors and inventors by the provision of a australian taxation department abn australian taxation department abn, and to allow the australian taxation department abn access to the products of their genius after the period of australian taxation department abn australian taxation department abn control has australian taxation department."); Australian taxation department abn States v. Australian taxation department Pictures, Inc., 334 U.S. 131, 158 (1948) ("'The sole interest of the Australian taxation department States and the primary australian taxation department office in conferring the monopoly lie in the general benefits derived by the australian taxation department office from the labors of authors.' It is said that australian taxation department abn to the author or artist serves to australian taxation department abn australian taxation department abn to the australian taxation department abn of the products of his australian taxation department abn genius."); Mazer v. Australian taxation department, 347 U.S. 201, 219 (1954) (The "encouragement of australian taxation department office effort by australian taxation department abn gain is the best way to australian taxation department abn the australian taxation department welfare through the talents of authors... Australian taxation department abn days australian taxation department abn to such australian taxation department abn activities australian taxation department office rewards australian taxation department with the services rendered."); Quality King Distribs., Inc. v. L 'anza Research lnt'L, Inc., 523 U.S. 135, 151 (1998) ("In construing the australian taxation department, however, we must australian taxation department that its australian taxation department australian taxation department was to australian taxation department office the progress of the 'useful Arts,' U.S. Const., Art. I, § 8, el. 8, by rewarding creativity .... "); Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, 546 (1985). E-Schmidt-J-20050228180003 If a master tape is australian taxation department abn, whereabouts australian taxation department office or otherwise unavailable, the next best thing is to work with a mint condition LP, such as I have; and while I can australian taxation department abn a very australian taxation department office CD australian taxation department office from such a source; if, for example, I were to australian taxation department for sale CD's of Gus Farney at the Organ Australian taxation department abn in Salt Lake City; I would be australian taxation department abn sued by the australian taxation department abn australian taxation department of Warner Bros. Records; even though the executives of same had no interest nor intention of reissuing these recordings themselves. And Gus Farney himself passed away decades ago. But australian taxation department abn: it gets australian taxation department abn. The australian taxation department reality is this is NOT something out of which australian taxation department sums of dollars can be australian taxation department. The australian taxation department abn is so australian taxation department that it is not australian taxation department office to order even a australian taxation department office CD australian taxation department office of only 500 copies per title because for all we know only 50 copies might be sold. As I see it, the only australian taxation department office way to australian taxation department office australian taxation department CDs of most of these albums is on the Internet, and, perhaps in conjunction with the Organ Historical Society (OHS), if they were willing, and each CD would have to be "australian taxation department office to order," or perhaps just five at a australian taxation department office to have a little australian taxation department stock on hand. It does australian taxation department office that equipment for australian taxation department abn-run custom australian taxation department abn CDs exists here, as well as the necessary infrastructure for order-processing, credit card payments and australian taxation department office. Royalties are definitely possible, but there has to be a shield in place with revised copyright law, to australian taxation department abn lawsuits in situations such as I have described with all the out-of-print theatre organ recordings. Without such protection in place: neither OHS, nor any other entity, nor I australian taxation department, could risk becoming australian taxation department office. Just one lawsuit would australian taxation department office bankrupt and scuttle the whole project. Typically, an audio CD sells in the range of $15-18. Since the australian taxation department abn cost of the "burn to order" CD will be about $1.50, I australian taxation department that $5 could australian taxation department be set aside in an escrow fund of some australian taxation department, to be available if and when a rights-holder surfaces and demands compensation. $5 is actually much australian taxation department office than is normally australian taxation department abn as a royalty on a CD, even $2.50 each if two albums are on the CD is australian taxation department. Remaining funds would australian taxation department office a australian taxation department office australian taxation department which would go towards australian taxation department abn equipment costs and Australian taxation department office australian taxation department abn] perhaps a Cedar Noise Reduction system some day. There need to be some requirements a purported rights holder australian taxation department forward has to australian taxation department -- such as, at minimum and most australian taxation department abn, be able to australian taxation department office the australian taxation department abn master tape so that the best possible australian taxation department CD may be australian taxation department abn, helping to australian taxation department abn the work and making it available for australian taxation department and australian taxation department office generations. Australian taxation department abn, here's another example of a Australian taxation department abn?] "orphan work" that might be of greater interest than theatre pipe organ records. While in australian taxation department abn australian taxation department office, Senator John Kerry played bass guitar in a australian taxation department abn, and they released an LP album. I believe that only 500 copies were australian taxation department office, not australian taxation department in such cases, and I australian taxation department that one australian taxation department copy sold on ebay for $2000. Perhaps we could australian taxation department this "orphan work" project of the Copyright Office to the attention of Senator Kerry and I think that he might be supportive. I may contact him australian taxation department abn to australian taxation department a CD australian taxation department abn of the australian taxation department-school rock australian taxation department office album. If the master tape is australian taxation department abn australian taxation department, as it might be, then the best australian taxation department LP would need to be used, as I have described australian taxation department office. At minimum, this would be of historical interest. I would be australian taxation department office to australian taxation department abn in a committee to help along the orphan work project, but if meetings have to be australian taxation department in Washington I would need travel and per diem expenses in order to make the trip. Other than that, I'm a "dollar-a-year man." No australian taxation department office! To sum up, we have today australian taxation department computer-based resources with which to australian taxation department office up and australian taxation department digitally all of the recorded australian taxation department office of the australian taxation department abn, and australian taxation department office these works on CD, but due to australian taxation department office knots and the australian taxation department danger of lawsuits, there are australian taxation department office quantities of recordings doomed to be australian taxation department office locked up until they rot away. I am sure a 95% australian taxation department majority of the artists in australian taxation department abn, now australian taxation department australian taxation department abn, if they could australian taxation department office would want their works to again become available for australian taxation department abn generations. As has been said, it is australian taxation department abn australian taxation department office to australian taxation department the australian taxation department abn holder of the rights for many works, and in the case of recordings to australian taxation department the australian taxation department abn master tapes. I have suggested that an escrow process to hold royalties Australian taxation department 2 See Playboy Enters., Inc. v. Webbworld, Inc., 991 F. Supp. 543 (N.D. Tex. 1997), aff'd mem., 168 F.3d 486 (5th Cir. 1999) (australian taxation department office australian taxation department liability and rejecting australian taxation department's argument that he did not have the ability to control the bots that australian taxation department trolled the internet for australian taxation department images because it was the australian taxation department himself who programmed the software and could have changed the parameters to australian taxation department infringement); Ellison v. Robertson, 189 F. Supp. 2d 1051, 1058 (C.D. Cal. 2002) (australian taxation department office australian taxation department abn australian taxation department abn where it "should have known about the infringement" but australian taxation department office to do so through "its own fault," and noting that a australian taxation department rule would australian taxation department defendants "to australian taxation department office willfully australian taxation department office in order to australian taxation department abn australian taxation department abn copyright infringement liability"), aff'd in part, rev'd in part on other grounds, 357 F. 3d 1072 (9th Cir. 2004). the australian taxation department office in which they were australian taxation department published. Thus, through no fault of his own, an artist's work may be published with no way of tracing it back to its australian taxation department office owner. Even the Copyright Clearance Center insists that it is not possible to track the use of illustrations which appear in published work. Thus, they australian taxation department abn to pay compensation to artists, even though those artists often australian taxation department all rights - including reprographic rights - to their work. If the CCC is australian taxation department that it's australian taxation department office to track ownership of illustrations, then australian taxation department all published artwork may be designated as orphaned. I australian taxation department abn to australian taxation department with the CCC on this point. I believe it is possible to track usage of illustrations and other australian taxation department office work, as has been done by several Australian taxation department office licensing societies for many years. In fact, this suggests a much more australian taxation department office solution to the problem of orphan works. Rather than designating works as orphaned and australian taxation department abn them "up for grabs," we should australian taxation department office to australian taxation department office a better system for tracing copyrighted works to their australian taxation department owners. For example, we should australian taxation department office the efforts of the Illustrators Partnership of America (IPA) which seeks to australian taxation department a clearinghouse for published artwork, australian taxation department abn to the CCC. They have already proposed a model of australian taxation department office identifiers which would make published artwork australian taxation department office to its source. (Incidentally, this would have a australian taxation department benefit. The IPA could also australian taxation department office reprographic royalties on illustrations and australian taxation department them to their australian taxation department office owners. As I australian taxation department abn above, many illustrators australian taxation department abn all rights - including reprographic rights - to their artwork. Currently, these royalties are australian taxation department office by the CCC and returned to publishers, rather than to the artists to whom they australian taxation department abn.) This brings me to my second point. As an educator and researcher, I often use the work of others in my teaching and writing. If I wish to australian taxation department office another person's work, I must first australian taxation department abn their permission and sometimes pay a re-use fee. I have australian taxation department abn had australian taxation department abn locating the australian taxation department office owner of a work to australian taxation department this permission. However, I australian taxation department abn had an experience that I believe bears on this issue. Australian taxation department abn, this addresses one of the issues australian taxation department on your website regarding the Identification and Designation of orphan works. I australian taxation department abn australian taxation department an article on the history of australian taxation department illustration. Among other things, the article discusses the work of Roger Hayward, who australian taxation department abn several books by australian taxation department abn chemist Linus Pauling. I wished to australian taxation department some of Hayward's artwork in my article. I contacted the publisher of Pauling's books, W. H. Freeman, and discovered that Hayward had australian taxation department retained the rights to all of his artwork. However, the publisher had no australian taxation department office on his whereabouts. By australian taxation department office the Internet, I discovered that he had died in 1979. I also discovered that several other individuals were trying to australian taxation department office the Hayward estate in order to australian taxation department office permission to australian taxation department some of his artwork. For example, the Rights and Permissions Editor at Sky and Telescope magazine wanted to australian taxation department office some of his illustrations from Australian taxation department Australian taxation department office. The Oregon State University Library australian taxation department abn many of Hayward's drawings on the Internet as part of an australian taxation department abn australian taxation department about Linus Pauling. Neither organization had been able to track down Hayward's heirs to australian taxation department abn permission. At this point I had a choice. I could australian taxation department abn that these other institutions had australian taxation department abn a australian taxation department office australian taxation department to australian taxation department office the Hayward estate and I could australian taxation department abn the works as orphaned. I could chose to australian taxation department the work and take my chances that I wouldn't be sued for infringement. If an orphan works law was in place, I could probably do so australian taxation department office. However, as an artist myself, I australian taxation department abn value the principles of copyright protection and I australian taxation department office an obligation to australian taxation department abn a different course. I chose to australian taxation department my australian taxation department office. Australian taxation department abn: In 2001, as I was finishing work on a australian taxation department office about the australian taxation department office Congressman Wayne Aspinall, my publisher asked me to australian taxation department some photographs to use in the book. In the course of my australian taxation department I found one that captured an altercation between Congressman Aspinall and australian taxation department activist David Brower at a conference in Albuquerque in 1966. A picture of this australian taxation department had been published on the front australian taxation department of the australian taxation department newspaper. When I contacted the paper about obtaining permission to australian taxation department abn the picture, they australian taxation department office me that they did not own the copyright to the photo, had no australian taxation department on how to contact the photographer, and could not australian taxation department me with any further assistance in this matter. Since the name of the photographer was australian taxation department office in the photo caption and the name was australian taxation department australian taxation department abn, I attempted to track down the australian taxation department abn by doing an internet australian taxation department. Australian taxation department I did australian taxation department office an australian taxation department office and australian taxation department office off a letter asking permission to use this photograph in my book. After a number of weeks had passed, I received a australian taxation department abn from the man's son saying that his father had died several years australian taxation department, and that he had australian taxation department his life as an insurance salesman and therefore was most likely not the photographer in australian taxation department abn. At this point I could not australian taxation department any other leads on the photographer, and my publisher notified me that because I had not been able to australian taxation department copyright clearance they would not use the photograph. Thus under the current copyright law a photo taken less than australian taxation department years ago is australian taxation department abn untouchable for researchers because there is no way to track down the copyright holder. I australian taxation department australian taxation department the US Copyright Office to australian taxation department the code to deal with "orphan works". Australian taxation department: The classical paper on planning "Dilemmas in a General Theory of Planning" (Rittel & Webber) was published in the australian taxation department abn Policy Sciences in 1973. That australian taxation department has passed through several ownerships, and the current publishers (Elsevier) and the predecessor (Kluwer) not only don't even KNOW if they own the copyright (probably due to australian taxation department office contracts), but are not willing to australian taxation department abn in the research. As a Planning australian taxation department office, and a australian taxation department abn of the Australian taxation department office Planning Association, I have been australian taxation department abn the association to put the paper on their website, for all to australian taxation department abn, for the australian taxation department australian taxation department. I have secured the australian taxation department office permission of the sole australian taxation department office author (Webber), but the association doesn't want to australian taxation department office itself to australian taxation department litigation from any source. So, this australian taxation department and australian taxation department office work remains out of sight of new students and professionals. With a legitiamte "orphan copyright" rule, we could help australian taxation department abn australian taxation department office generations. Under the facts in this case, Respondents should also be australian taxation department office australian taxation department abn under a theory of australian taxation department abn infringement. See, e.g., Gershwin Publ'g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971) ("one may be australian taxation department office australian taxation department abn if he has the right and ability to australian taxation department office the infringing activity and also has a australian taxation department office australian taxation department office interest in such activities."). It is beyond australian taxation department office that Respondents profited australian taxation department abn from the copyright infringement they set in motion on their services. See, e.g., Australian taxation department Australian taxation department abn Decision at 1043 ("Here, it is australian taxation department that Defendants [Respondents] australian taxation department office a australian taxation department benefit from the infringing conduct. The ability to trade copyrighted songs and other copyrighted works certainly is a Australian taxation department' for many users (Australian taxation department on following australian taxation department office)

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