Resources

Several of the articles commissioned for the symposium are now available online. They will be formally published in November 2012 edition of the Berkeley Technology Law Journal.

In preparation for the symposium, the Berkeley Digital Library Copyright Project  has issued a series of white papers that outline the basic contours of the orphan works problem and its proposed solutions. Other more in-depth background reading materials are listed further below.  

Google Books -- The efforts by Google to digitize millions of books has catalyzed interest in mass digitization and the related problems associated with orphan works. The articles below outline the Google Books project, the ensuing class action litigation, and the concerns surrounding the proposed settlement.

Orphan Works and Mass Digitization Generally --  A number of articles, government studies and reports have been issued on the orphan works problem, its potential solutions, mass digitization more generally, and some interrelated copyright law issues. Some of the most significant and up-to-date are listed here. 

International -- As efforts to address these issues in the United States have progressed, parallel (and in some cases, more advanced) efforts have emerged in the European Union and other places around the world. Significant reports and studies include:

Primary Sources for Relevant Cases and Legislation:

    • Authors Guild v. Google, Inc.
    • Authors Guild  v. HathiTrust
      • Docket and filings from Justia.
    • U.S. Copyright Office Orphan Works Study and Subsequent Legislation
      • Copyright Office orphan works webpage.
    • European Union i2010 Digital Library Initiative and Proposed Directive