What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes?
Author(s): Jennifer Urban
legal regimes or proposals have been devised to address the problem of
whether or under what circumstances in-copyright works can be made
available if the works are “orphans,” because their rights holders are
unknown or cannot be found. A common feature is a requirement that a
prospective user make a diligent search for the rights holder. This
White Paper complements an earlier one on orphan work searches which
considered who would be expected to conduct a search. The present White
Paper focuses instead on different conceptions about what a diligent
search might consist of. It does not offer a normative assessment of
what “diligent search” should mean. Rather, it intends to provide
information about various approaches to this concept to aid in reasoned
conversations about this concept.