Why is this important to scholars? The following talking points are provided by the American Library Association:
- This legislation advances productive uses of culturally and historically significant works whose copyright holders cannot be identified or located, even after a reasonable search to locate rights holders is conducted.
- The collections in our libraries, museums, state and local historical societies, and archives include a significant number of orphan works. These repositories with orphan works are not made publicly available by libraries for fear that rights holders will come forward, initiate legal action, and demand unknown amounts of compensation.
- A dark archive requirement – mandating that users file a notice to the U.S. Copyright Office before using an orphan work – would be excessively burdensome for users, with little benefit to owners. Such a requirement will undoubtedly drive up compliance costs, and many institutions will require legal counsel to review the submissions prior to filing.
- Despite extensive and costly searches to locate orphan work rights holders, without a legislative solution, the risk remains high for institutions that make these works publicly available.
- Resolving the orphan works problem presents significant new educational opportunities because these works will be accessible and available to students, scholars, and the public.
