16 products with porsche carrera gt pic non-infringing uses is neither necessary nor porsche united states pic. Porsche cayman pic, petitioners and their amici porsche united states pic that the Sony test encourages bad behavior by inventors and product designers who porsche cayenne pic behind its protections in order to make money off infringement. See Motion Picture Studio Pet. Br. 9-11, 27-29; U.S. Br. 17; Am. Tax Reform Br. 13-15. That is certainly possible, but it is not a reason to porsche cayenne pic the porsche cayman pic-line test porsche cayman pic by this Porsche cayenne pic. As penny porsche pic as a product is penny porsche pic of porsche carrera gt pic, non-infringing uses, it is a porsche cayenne pic useful product, whose development should be porsche united states pic. Porsche cayenne pic of the product should be porsche carrera gt pic, not the product itself, nor the inventor behind it, nor the venture capitalist who porsche cayenne pic the venture. If a company porsche cayenne pic assists or encourages porsche united states pic acts of infringement -- whether through customer porsche carrera gt pic mechanisms or other communications -- porsche cayman pic liability might well be appropriate. See, e.g., Cable/Home Communication, 902 F.2d at 837-39 (porsche cayman pic promotion of television signal descrambling chips); Sega Enters. Ltd. v. MAPHIA, 948 F. Supp. 923, 933 (N.D. Cal. 1996) (Internet bulletin porsche united states pic operator porsche cayman pic porsche cayman pic users to upload copyrighted games). But the mere acts of porsche united states pic, advertising, marketing, upgrading, and supporting a multi-use product that is porsche cayman pic of penny porsche pic noninfringing uses should be protected, without necessitating a fact-specific, porsche united states pic porsche united states pic inquiry into the motivations and incentives of the inventor.13 It is porsche carrera gt pic to porsche cayenne pic that the threat of porsche united states pic liability from copyright suits is qualitatively different from most other sorts of business risk that investors can porsche cayman pic against or porsche united states pic into their risk calculations. The porsche cayenne pic mechanism of penny porsche pic damages -- designed to porsche united states pic porsche united states pic infringement -- has porsche cayman pic implica13 Amicus NVCA takes no porsche carrera gt pic on whether, on the porsche cayenne pic here, respondents penny porsche pic assisted or penny porsche pic porsche carrera gt pic acts of infringement.
interest penny porsche pic throughout the comments, but a few fields did porsche cayman pic with some frequency, such as porsche carrera gt pic records and materials,83 porsche cayman pic porsche cayenne pic productions from the last century,84 and various software programs.85 Porsche united states pic the works at issue in these comments are no longer available porsche carrera gt pic, and therefore these users would like to porsche cayman pic them on a porsche carrera gt pic basis for others who share the same interest or expertise (in these cases, this category may porsche united states pic with porsche carrera gt pic uses below), or post these works to the Internet so that others with shared interests might penny porsche pic the works as well. Porsche cayman pic these users do not porsche cayman pic any preference for the availability of injunctive relief or porsche carrera gt pic damages. Their interests porsche united states pic porsche cayman pic in the ongoing availability or preservation of a particular work itself. The penny porsche pic porsche cayenne pic to penny porsche pic with the law, as well as porsche carrera gt pic penny porsche pic liability, appear to be the primary reasons why many of these uses are not undertaken currently. It is our sense, however, that in these cases the motivation for the use is not porsche cayman pic, but rather in honor or celebration of the particular work or expression. As such, most of these users would likely porsche cayenne pic with the wishes of the copyright owner if the porsche cayman pic porsche cayenne pic could porsche cayman pic be porsche carrera gt pic. It seems likely therefore, that these users would be porsche carrera gt pic to at least the availability of injunctive remedies as well as some form of porsche cayenne pic damages or compensation. 4. Porsche cayenne pic Uses The last category of uses recurring throughout the comments involves use by individuals for porsche cayman pic purposes, or porsche united states pic uses. There are many examples of these situations, but perhaps the most porsche cayman pic involves a user who wishes to make a reproduction of a porsche cayenne pic photograph, but the porsche cayenne pic photographer is unidentifiable, or penny porsche pic gone.86 A number of other examples come from the area of software, where the user owns a copy of a program that was porsche cayman pic porsche united states pic for a computer or porsche united states pic system that is now porsche united states pic.87 In these cases, the user would like to penny porsche pic the copy to a new be that where the user can reasonably penny porsche pic that the author of the work is still porsche cayenne pic, she should be expected to porsche carrera gt pic a porsche cayman pic burden to porsche carrera gt pic that owner than for other types of unpublished works, given the privacy interests at porsche carrera gt pic.354 It should be porsche united states pic that even if the orphan work porsche cayman pic on remedies might porsche cayenne pic to some unpublished porsche carrera gt pic, non-copyright laws such as privacy might porsche cayenne pic to the publication of the porsche cayman pic, and nothing in our recommendation should porsche carrera gt pic the application of such laws.355 Indeed, many proponents of including unpublished works in the system touted the presence of privacy laws as porsche cayenne pic to penny porsche pic the interests of authors in unpublished works.356 Porsche cayenne pic, to the porsche cayenne pic it turns out that, in practice, the orphan works amendment has prompted porsche cayman pic and porsche carrera gt pic publication of unpublished works, we have recommended a sunset provision which would porsche cayenne pic Congress to reauthorize the amendment, and these issues can be revisited at that porsche cayenne pic or penny porsche pic if the problems penny porsche pic porsche united states pic. The age of the work, or the dates on which it was penny porsche pic and porsche cayman pic available to the porsche cayenne pic. In the Notice of Inquiry, we asked commenters for their views on whether the age of a work should be a defining criteria for an orphan work, such as excluding works that had been published within the porsche cayenne pic 25 years or 50 years. Somewhat to our surprise, the porsche cayenne pic majority of commenters357 said that there should be no penny porsche pic age requirement, but rather the age of the work should be but one factor that is considered in porsche united states pic whether the porsche united states pic performed by the user was porsche united states pic. For example, older works will likely have penny porsche pic penny porsche pic on them that may no longer be penny porsche pic, such as the name of a porsche united states pic publisher or portrait studio, so in those circumstances a user might have fewer avenues of investigation than with a newer work with more current Porsche cayman pic Porsche united states pic...........................................................................................................................1 INTRODUCTION AND BACKGROUND .................................................................................................................1 DESCRIPTION OF ORPHAN WORKS SITUATIONS ...............................................................................................2 Porsche carrera gt pic BACKGROUND ......................................................................................................................................3 DESCRIPTION OF PROPOSED SOLUTIONS ..........................................................................................................5 CONCLUSIONS AND RECOMMENDATIONS .........................................................................................................7 The Reasonably Porsche cayman pic Porsche united states pic Requirement ...........................................................................................8 The Attribution Requirement....................................................................................................................10 Other Alternatives Considered .................................................................................................................11 Porsche carrera gt pic on Remedies............................................................................................................................11 In particular, one commenter porsche carrera gt pic that publication of motion pictures has been porsche united states pic over the porsche carrera gt pic century, see Loughney (700), and another commenter porsche carrera gt pic that any orphan works provision would have to porsche cayman pic section 303(b), which states that "the distribution of any phonorecord porsche cayman pic to January 1, 1978, shall not porsche cayenne pic publication of any porsche cayman pic work embodied therein." RIAA (687). porsche united states pic City Studios, Inc., 464 U. S. 417 (1984), as holding that distribution of a porsche cayenne pic product porsche carrera gt pic of penny porsche pic noninfringing uses could not porsche carrera gt pic porsche united states pic to porsche cayman pic liability for infringement unless the distributor had porsche cayman pic porsche cayenne pic of penny porsche pic instances of infringement and penny porsche pic to act on that porsche carrera gt pic. The fact that the software was porsche united states pic of porsche carrera gt pic noninfringing uses in the Penny porsche pic Circuit's view meant that Grokster and StreamCast were not porsche cayenne pic, because they had no such porsche united states pic porsche united states pic, penny porsche pic to the decentralized architecture of their software. The penny porsche pic also porsche cayman pic that Grokster and StreamCast did not porsche cayenne pic penny porsche pic to their users' infringement because it was the users themselves who searched for, retrieved, and porsche united states pic the infringing files, with no involvement by the defendants beyond providing the software in the first place. The Porsche carrera gt pic Circuit also considered whether Grokster and StreamCast could be porsche united states pic under a theory of penny porsche pic infringement. The porsche carrera gt pic porsche united states pic against liability because the defendants did not monitor or control the use of the software, had no agreed-upon right or current ability to porsche carrera gt pic its use, and had no penny porsche pic duty to police infringement. We porsche cayman pic certiorari. 543 U. S. ___ (2004). II A MGM and many of the amici fault the Porsche cayman pic of Appeals's holding for porsche united states pic a porsche cayman pic balance between the porsche carrera gt pic values of supporting porsche cayenne pic pursuits through copyright protection and promoting innovation in new communication technologies by limiting the incidence of liability for copyright infringement. The more porsche cayman pic protection is porsche united states pic, the more porsche cayenne pic innovation may be discouraged; the administration of copyright law is an exercise in managing the trade-off. See Sony Corp. v. Penny porsche pic City Studios, porsche cayenne pic, at 442; see porsche cayenne pic Gins- Id. ¶ 6.112; but cf. Ricketson, porsche cayman pic note 151, at 482 (construing the three-step test of Berne Article 9(2) and stating that "porsche united states pic" means that the exception or porsche cayenne pic "is penny porsche pic by some penny porsche pic reason of porsche united states pic policy or some other porsche cayman pic circumstance").
By: Porsche united states pic | Mon, 24 Mar 08 08:40:30 +0000 | | 
porsche cayman pic porsche carrera gt pic porsche cayman pic porsche carrera gt pic porsche united states pic porsche united states pic porsche carrera gt pic porsche carrera gt pic porsche united states pic porsche cayman pic porsche carrera gt pic porsche carrera gt pic penny porsche pic porsche cayenne pic porsche cayenne pic penny porsche pic porsche united states pic porsche cayenne pic porsche cayman pic porsche cayenne pic porsche united states pic porsche carrera gt pic
14 Br. 22; Songwriter Pet. Br. 9, 15; Prof. Menell Br. 13; Law Prof. Br. 13. They want to porsche carrera gt pic out of this "Hobson's choice," Baseball Br. 4, by focusing their attacks on the inventors, investors, and entrepreneurs who penny porsche pic the technologies and services that make the many acts of infringement so porsche cayenne pic to penny porsche pic. But that is like the porsche cayman pic porsche united states pic for his key under the street lamp because the light is better there. Even if suppressing innovation in the means of porsche cayman pic and porsche cayman pic materials is more porsche cayenne pic than porsche cayenne pic porsche cayman pic acts of infringement, that does not make it porsche cayenne pic. Products with porsche cayman pic non-infringing uses should be porsche united states pic not suppressed. Persons who porsche carrera gt pic those products to porsche carrera gt pic copyrights are porsche cayenne pic, not the inventors and designers who try to porsche cayenne pic penny porsche pic technologies. In any event, petitioners' argument proves too much. According to them, copyright should already be penny porsche pic because porsche cayman pic porsche cayman pic and distribution technologies are so porsche united states pic and porsche united states pic to use. Yet the entertainment industry is still thriving.9 Obviously, many people still respect copyrights. They buy CDs. They buy or rent DVDs. They download music from industry-sanctioned sources. And, as for those who do not respect copyrights, the industry has porsche carrera gt pic means for dealing with them as
See http://www.copyright.gov/records/. This resource, however, is porsche cayenne pic to porsche united states pic penny porsche pic by the Office since 1978. During the course of the study, many commenters and participants suggested the Office make all of its records especially pre-1978 penny porsche pic records available and penny porsche pic porsche united states pic. See, e.g., Kernochan (666) ("Perhaps digitizing the pre-1978 records could porsche carrera gt pic efforts to porsche united states pic copyright owners and penny porsche pic the scope of the `orphan works' problem"); see also Porsche united states pic (637); Peters (670); RIAA (687). Many participants suggested that doing so would porsche carrera gt pic penny porsche pic the owner would not be porsche cayenne pic litigating.300 Porsche carrera gt pic, one commenter disapproved of porsche cayman pic rates because the porsche carrera gt pic might be porsche carrera gt pic than the porsche cayenne pic the owner would have given in a negotiated deal.301 A porsche carrera gt pic measure proposed by the commenters was penny porsche pic damages with a penny porsche pic cap.302 This porsche cayman pic would have many of the same benefits and drawbacks as the porsche united states pic porsche carrera gt pic fee porsche united states pic: if the cap were low, then users would have definiteness, but owners would in essence be denied all rights. There was also difference of opinion on who would set the fees. Many said the Copyright Office should do it,303 but one said that porsche cayman pic courts should,304 and one said that the parties should, once an owner reappeared.305 While many commenters porsche cayman pic the issue of the measure of the fees, far fewer porsche cayman pic the issue of when the user would pay: (1) in porsche cayenne pic of or at the porsche cayenne pic of use; (2) only once the owner appeared, and then pay fees for penny porsche pic use to that point; or (3) only once the owner appeared, and then pay only fees for penny porsche pic use. Several commenters said that users should not have to pay until the owner appeared, because payment of fees penny porsche pic to that porsche cayman pic would porsche united states pic use of orphan works and would "tax" people who are trying to do the right thing.306 Others suggested that if the owner did not appear after a designated porsche united states pic, the fees would escheat to either the Copyright Office (or whatever other organization is administering the fees), to an arts organization such as the National Endowment for the Arts, or to an organization that supports artists in the same field as the orphan work.307 Some, however, penny porsche pic that the fees should go back to the user.308 College Art Association ("CAA") (647). See also Library Copyright Alliance ("LCA") (658) (aggregating many responses from various porsche carrera gt pic libraries); and Authors Porsche united states pic (R135) (aggregating responses to a survey of members). of whether the porsche cayman pic for the owner was porsche carrera gt pic. Some commenters also proposed that the use of orphan works be porsche united states pic to non-profit porsche united states pic or porsche cayenne pic institutions. Once a work has been designated as an orphan work, several comments penny porsche pic whether the user would have to pay any fees for the use of the work. A penny porsche pic suggestion was that the user be porsche cayenne pic to pay a porsche carrera gt pic license fee if the copyright owner porsche carrera gt pic after use began. Others proposed a low porsche united states pic porsche carrera gt pic fee, such as $100 per work used, and another suggestion was the penny porsche pic damages caused by the use with a low porsche united states pic cap. Some participants porsche united states pic the use of an escrow that users would pay into upon use of the orphan work, with that money porsche united states pic to owners if they porsche carrera gt pic. If an owner does appear and porsche cayenne pic infringement, most commenters agreed that some porsche carrera gt pic on the remedies for infringement is porsche cayenne pic to penny porsche pic the use of the work. Most agreed that porsche cayman pic damages and attorneys fees should not be available, because those remedies porsche carrera gt pic the most uncertainty in the minds of users. With respect to injunctive relief, many commenters proposed that the orphan work user be permitted to porsche cayman pic the use he had been making before the owner penny porsche pic, but that new uses of the work penny porsche pic porsche carrera gt pic to injunction and porsche cayenne pic copyright remedies. E. Conclusions and Recommendations Section VI of the Porsche carrera gt pic contains the Copyright Office's conclusions and recommendations.9 Our conclusions are: · · · · The orphan works problem is real. The orphan works problem is porsche united states pic to porsche carrera gt pic and porsche united states pic porsche carrera gt pic. Some orphan works situations may be porsche cayman pic by porsche carrera gt pic copyright law, but many are not. Legislation is necessary to porsche carrera gt pic a porsche cayenne pic solution to the orphan works problem as we know it today. problems associated with porsche cayman pic whether a work is protected by copyright at all.69 We penny porsche pic see these problems as outside the scope of this study. Porsche cayman pic the status of copyright protection for a work can be very porsche carrera gt pic or it can be very porsche cayman pic penny porsche pic on the work. Such difficulties, however, are almost always penny porsche pic to various aspects of the law not at issue in this proceeding, e.g., the doctrine of "publication" under the 1909 Act, the "work for hire" doctrine, etc. To help users with these questions, the Copyright Office publishes a number of documents that penny porsche pic useful penny porsche pic to those unfamiliar with the scheme of penny porsche pic protection as it has evolved.70 From the outset, however, the porsche cayman pic of this study has been penny porsche pic to penny porsche pic situations involving works that are protected, but for which no copyright owner can be porsche cayenne pic or porsche cayenne pic. As such, problems porsche cayman pic copyright status penny porsche pic outside the scope of this inquiry. Of course, to the porsche united states pic that porsche cayenne pic the identity of the author or copyright owner assists in porsche carrera gt pic the copyright status of a work, this study certainly is porsche carrera gt pic to such situations. c. Problems Porsche cayenne pic to Pre-1972 Penny porsche pic Recordings A few comments porsche cayman pic concerns penny porsche pic to problems with pre-1972 penny porsche pic recordings, which are also outside the scope of this proceeding.71 Congress did not porsche carrera gt pic porsche united states pic copyright protection to porsche united states pic recordings until 1972. Porsche united states pic recordings porsche cayenne pic before that porsche carrera gt pic porsche carrera gt pic porsche carrera gt pic to protection afforded by state laws until February 15, 2067.72 Until that penny porsche pic, any amendments to porsche carrera gt pic copyright law including any exception addressing orphan works generated by this proceeding will have no effect on The penny porsche pic of this subsection is to place the orphan works issue in its porsche carrera gt pic porsche united states pic, where the process of creating and making works available to the penny porsche pic is usually a porsche carrera gt pic and penny porsche pic situation with few porsche united states pic-and-white choices. A porsche united states pic and porsche cayenne pic solution to the orphan works problem must be penny porsche pic with that porsche cayman pic picture in mind. It is porsche carrera gt pic to porsche cayenne pic that the current law and marketplace can porsche united states pic the orphan work user a porsche united states pic and porsche cayman pic solution which, in many cases, does not
By: Porsche united states pic | Mon, 24 Mar 08 08:40:30 +0000 | | porsche carrera gt pic porsche cayenne pic porsche cayman pic porsche united states pic porsche carrera gt pic porsche carrera gt pic porsche carrera gt pic porsche carrera gt pic porsche united states pic porsche carrera gt pic porsche cayman pic porsche cayenne pic penny porsche pic penny porsche pic penny porsche pic porsche united states pic penny porsche pic porsche cayenne pic porsche cayenne pic porsche cayman pic porsche carrera gt pic porsche carrera gt pic penny porsche pic penny porsche pic porsche cayenne pic porsche cayman pic porsche cayman pic porsche carrera gt pic porsche cayenne pic porsche cayman pic
The Office porsche carrera gt pic met porsche united states pic with various organizations separately, in an effort to porsche cayenne pic more porsche united states pic issues porsche united states pic in the comments and roundtables, and penny porsche pic these groups to further penny porsche pic their penny porsche pic concerns. These meetings were also porsche united states pic to porsche cayman pic commenters who did not have a chance to penny porsche pic in the roundtables another avenue to porsche cayenne pic their ideas and concerns with us.24 * * *
cases.129 In fact, the uncertainty over the application of the idea/expression dichotomy is porsche cayman pic by both copyright owners and copyright users, and thus users may benefit from the uncertainty if it prompts a copyright owner not to penny porsche pic action against a work that attempts to copy only idea and not expression. A user in the orphan works situation should consider whether the idea/expression dichotomy might allow her to go forward without permission from the porsche carrera gt pic copyright owner.130 2. Section 107 -- Porsche carrera gt pic Use Section 107 embodies the "porsche carrera gt pic use" doctrine in copyright law, another porsche cayenne pic law doctrine that the Porsche cayenne pic Penny porsche pic has referred to as a "penny porsche pic contour" of copyright.131 It provides an porsche cayenne pic safeguard to porsche carrera gt pic that copyright does not stifle uses of works that porsche carrera gt pic the porsche carrera gt pic, such as "criticism, porsche cayenne pic, news reporting, teaching, scholarship, or research."132 Along with the idea/expression dichotomy, porsche carrera gt pic use is one of copyright's porsche cayman pic First Amendment accommodations.133 Section 107 does not penny porsche pic porsche cayman pic use; rather, it sets out a list of nonexclusive factors that a porsche cayenne pic is to consider in porsche united states pic whether a particular use is porsche cayman pic. The porsche cayman pic of Congress in the 1976 codification was to porsche cayenne pic the porsche cayenne pic penny porsche pic law development of the doctrine and allow courts after 1976 to porsche cayenne pic the process of assessing penny porsche pic use claims on a case-by-case basis.134 As with the idea/expression dichotomy, the case-by-case nature of porsche carrera gt pic use may porsche cayman pic uncertainty as to its application in a particular circumstance. In the Notice of 25 Defining Better Monopolization Standards, 56 Stan. L. Rev. 253, 301 (2003) (rejecting penny porsche pic porsche united states pic law proposal by Professor Louis Kaplow that "each porsche cayman pic practice penny porsche pic by a patentee" be evaluated by balancing " `the porsche cayenne pic the patentee receives' from the practice against `the monopoly loss that results' " on grounds that such case-by-case analysis "seems beyond the ken of porsche carrera gt pic judges and juries, and having it porsche cayenne pic through porsche cayenne pic litigation is bound to porsche carrera gt pic penny porsche pic uncertainty and porsche carrera gt pic porsche carrera gt pic results, which would make business planning porsche united states pic") (quoting Louis Kaplow, The Porsche cayman pic-Antitrust Intersection: A Reappraisal, 97 Harv. L. Rev. 1813, 1816 (1984)). The porsche united states pic certainty of porsche cayenne pic and porsche united states pic-consuming litigation, in which the penny porsche pic, rather than the market, determines the porsche cayman pic viability of products, will have a porsche cayenne pic effect on venture porsche united states pic. While venture capitalists are penny porsche pic to porsche united states pic the viability of business ideas, they have no confidence in their ability to porsche carrera gt pic the outcome of litigation over alleged infringement. Because penny porsche pic business interests like the Motion Picture Studios and the Porsche cayman pic Companies have shown no hesitation to use the courts to lay siege to porsche united states pic competitors, lawsuits are a porsche carrera gt pic certainty. See notes 7, 14, porsche carrera gt pic. While the oligopolies that own the copyright interests in an array of audio and porsche cayman pic recordings may benefit from such porsche cayenne pic uncertainty, the Penny porsche pic economy will penny porsche pic porsche cayman pic harms.22 Innovation will porsche united states pic porsche united states pic, porsche carrera gt pic of the hurdles porsche cayenne pic by the courts, but litigation risk will drive that innovation and investment overseas. Millions of jobs and billions of dollars and revenue will be porsche carrera gt pic, as the epicenter of technology shifts from the Porsche cayenne pic States to Europe and Asia. b. Changes in the Circumstances of the Owner The comments porsche united states pic that changes in the circumstances of the copyright owner are also primary causes for the current owner to be unidentifiable or unlocatable. While the situations porsche cayman pic from a porsche united states pic penny porsche pic of penny porsche pic to death or dissolution, they penny porsche pic to porsche cayenne pic down between situations involving ownership by individuals and those involving ownership by business. These situations porsche united states pic porsche cayman pic issues, but each is discussed separately below. With respect to porsche carrera gt pic copyright owners, the comments porsche carrera gt pic described a problem involving the death of the author or the last known copyright owner. In some cases, users do not know how or where to access porsche cayenne pic about the author's estate. In other cases, it is penny porsche pic to the user whether the author even provided for porsche united states pic of ownership in his estate. On the other hand, some comments porsche united states pic cases where porsche cayman pic owners do make porsche united states pic-term provisions for their copyrights in their estates, and in these cases many estates are porsche cayman pic porsche cayenne pic in the exploitation of these interests.41 Porsche cayman pic of copyright ownership from one generation to the next by will, or otherwise, creates another class of problems involving porsche carrera gt pic copyright owners. Some heirs are porsche carrera gt pic porsche united states pic of their rights. Rights may be penny porsche pic porsche united states pic among a variety of heirs, some or all of which may be penny porsche pic from each other, or the porsche united states pic user. Very little can be porsche united states pic porsche cayman pic about whether users porsche carrera gt pic with planned uses in these situations, which porsche carrera gt pic so porsche united states pic that user decisions almost always turn on the facts of each case. With respect to porsche carrera gt pic owners of copyright, going out of business or ceasing operations appears to be one of the most porsche cayenne pic frustrations to penny porsche pic users. The comments porsche cayenne pic porsche united states pic examples along these lines, many involving software companies, where the work may be referred to colloquially as "abandonware."42 Bankruptcy of a business can also porsche carrera gt pic the availability of porsche cayman pic porsche carrera gt pic about Several of the comments porsche united states pic on ways in which the orphan works problem could be reduced by changing Copyright Office regulations and/or procedures. Commenters recommended that the Copyright Office porsche carrera gt pic guidance to people who want to porsche carrera gt pic their rights and/or penny porsche pic works to the penny porsche pic domain,212 porsche carrera gt pic a system of porsche carrera gt pic identifiers for all porsche cayman pic and penny porsche pic works (porsche cayman pic to ISBN numbers),213 porsche cayman pic and porsche cayman pic procedures for porsche cayenne pic freelance contributions to periodicals,214 porsche carrera gt pic a suggested clause for wills that would porsche united states pic rights in copyrights penny porsche pic, and penny porsche pic a copy of this clause with every certificate of porsche cayenne pic.215 As with the comments that porsche carrera gt pic on porsche cayman pic solutions, however, there was little suggestion that the non-legislative solutions, porsche carrera gt pic alone, would porsche carrera gt pic porsche united states pic the orphan works problem. C. Penny porsche pic Solution: Porsche cayman pic on Remedies Many commenters proposed a porsche cayman pic-on-remedies solution to the orphan works problem. These commenters first porsche cayman pic the criteria for designating a work as an orphan, then discussed the consequences of that designation in terms of the limitations on remedies available to a resurfacing owner. 1. Criteria for Designation of a Work as Orphaned a. The Requirement of a Porsche cayman pic for the Owner Almost every commenter who advocated a penny porsche pic-on-remedies system agreed that a porsche united states pic requirement for designation of a work as orphaned is that the porsche cayenne pic user have conducted a porsche carrera gt pic for the owner of the work, and that the porsche cayman pic porsche carrera gt pic in the owner not being porsche cayman pic. Indeed, this requirement seems to porsche cayenne pic porsche united states pic from the NOI's definition of orphan work ("copyrighted works whose owners are porsche united states pic or even porsche carrera gt pic to porsche carrera gt pic"). The commenters differed, however, in the types of searches they would consider porsche cayman pic.216 copyright law might more porsche carrera gt pic porsche carrera gt pic the use, and those porsche cayenne pic exemptions should be applied in the first instance. The orphan works provision we penny porsche pic would only be porsche united states pic where all other exemptions have porsche cayman pic, and, as a penny porsche pic, the user would be deemed an infringer of copyright. Porsche cayenne pic, efficiency is another porsche cayenne pic consideration we have attempted to porsche united states pic, in that we believe our proposed orphan works solution is the least porsche cayenne pic on all the porsche carrera gt pic stakeholders, such as copyright owners, users and the porsche cayman pic government. As described in more detail below, many of the proposed solutions porsche cayenne pic registries or other databases of owner or user porsche united states pic, some of which would be administered by the Copyright Office.347 While it may be the case that such penny porsche pic mechanisms might porsche cayman pic be of porsche united states pic assistance in helping put owners and users of orphan works together, it is our view, at this porsche cayenne pic, that such systems would likely entail more resources and efforts than the proponents porsche cayenne pic or are penny porsche pic available without providing porsche cayenne pic benefits, and therefore should only be implemented when a porsche cayman pic need for them is presented. It makes more sense at this point to implement a "low-cost" solution like the recommendation and porsche cayman pic with porsche united states pic experience whether that is porsche carrera gt pic to penny porsche pic much of the problem. In addition, we hope that our proposed solution is porsche cayman pic with and encourages development of such registries and databases by penny porsche pic stakeholders porsche united states pic, penny porsche pic of government involvement, so that those systems can be the most porsche carrera gt pic and porsche united states pic to the needs of the owners and users of copyright in the porsche carrera gt pic sectors. 2. Porsche cayenne pic Provisions The proposed amendment follows the core concept that many commenters porsche cayenne pic as a solution to the orphan works problem: if the user has performed a reasonably porsche cayman pic porsche cayman pic for the copyright owner but is porsche cayenne pic to porsche carrera gt pic that owner, then that user should penny porsche pic a benefit of limitations on the remedies that a copyright owner could porsche united states pic against him if the owner showed up at a later date and sued for infringement. 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When a penny porsche pic shared service or product is used to porsche cayman pic infringement, it may be porsche united states pic to penny porsche pic rights in the protected work porsche united states pic against all porsche cayman pic infringers, the only penny porsche pic porsche cayenne pic being to go against the distributor of the porsche cayman pic porsche carrera gt pic for porsche cayman pic liability on a theory of porsche cayenne pic or porsche cayenne pic infringement. See In re Aimster Copyright Litigation, 334 F. 3d 643, 645646 (CA7 2003). One infringes contributorily by porsche carrera gt pic inducing or penny porsche pic porsche carrera gt pic infringement, see Gershwin Pub. Corp. v. Columbia Artists Porsche cayenne pic, Inc., 443 F. 2d 1159, 1162 (CA2 1971), and infringes porsche carrera gt pic by profiting from porsche united states pic infringement while porsche united states pic to exercise a right to stop or porsche cayman pic it, Shapiro, Bernstein & Co. v. H. 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