What if it is nearly impossible to obtain permission because the copyright holder is currently unknown or does not respond to queries?
“Orphan works” are copyrighted works whose owners are difficult or even impossible to locate. The uncertainty surrounding the ownership of such works may discourage their dissemination and incorporation in new creative efforts that, true to the Constitutional purpose of the Copyright Act, “promote the Progress of the Arts and Sciences”. In many cases, it is likely that such works were “orphaned” because they did not produce much, if any, income for their owners. While the use of an “orphan work” does not automatically qualify as a “fair use,” the fact that the owner has proven to be difficult or impossible to locate after a “good faith” inquiry on the part of the user (such that there is no market for the sale or licensing of the work) weighs in favor of a “fair use.” The U.S. Copyright Office is considering whether the concerns raised by orphan works merit a legislative, regulatory or other solution. Further information on this issue can be found at http://www.copyright.gov/orphan/ind
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