American Orphan Works

Several aspects of U.S. law-including the elimination of copyright formalities, the extension of copyright terms, and the possibility of large statutory damage awards-make orphan works a special concern for libraries and archives in the United States, many of whom have collections that are thought to contain a large number of orphans. Although the Copyright Office has investigated the issue twice, first in a 2006 report and accompanying legislative recommendation to limit remedies available against users who first conduct a 'diligent search' for owners, and again in an October 2012 request for comments on the topic of orphan works and mass digitization, Congress has not enacted any orphan works legislation.