Earlier this month the Copyright Office released its report on Orphan Works and Mass Digitization. Both of these topics are of special interest to Authors Alliance. We have taken public stands in the past to support mass digitization projects, like those at HathiTrust and Google Books that advance our members’ interest in having their works preserved, made searchable, and made accessible to the print-disabled. And we’re eager to see a solution to the orphan works problem that keeps so much of our cultural and intellectual heritage—even our own works—from participating fully in contemporary culture.

While Authors Alliance commends the serious attention and thought the Copyright Office has given these issues, we have some reservations about its reasoning and its proposed solutions. We will stay involved as these issues continue to work their way through the government, and will be filing a comment in response to the Copyright Office’s related inquiry regarding its proposed “pilot program” for licensing mass digitization projects. Our involvement will be particularly directed toward seeing that the following principles are adequately considered:

1. We need approachable solutions that anyone can understand and use.
2. Any solution for these problems must adequately take into account the diversity of author and rights holder interests when it comes to uses of their work. For many authors, and in particular for many Authors Alliance members, the best outcome is one that ensures their ability to take advantage of new avenues for reaching readers, especially when their preference is to do so under an open access license.
3. Solutions must not prejudice fair use rights.

Stay tuned as we will continue to post updates and further thoughts on the Report here on the Authors Alliance blog.