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May 4, 2008 9:00 AM

Prelinger explains why he feels the Orphan Works Act is a good thing.


Posted by Joseph Devlin

The Prelinger Archives is a great place to look for old archival footage for incorporation into one of your productions. Eight  years ago the Archives placed a good chunk of its content into the Internet Archive. Those working on a shoestring budget can now download this material for free and use it as needed.  Bigger budget productions -- productions with lawyers, accountants, and insurance companies that demand a written license to use material have to pay to get that documentation. It is a good deal for both kinds of users, even a good deal for Prelinger.  Records show that Prelinger Archive revenues have almost doubled since they adopted this new approach to Internet distribution.

I figured that Rick Prelinger, the head of the Prelinger Archive and Prelinger Library, would be a great guy to interview about the repercussions of the newly drafted Orphan Works Act (see our last post about its creation for details).  Rick knew even more about the subject than I had hoped. Turns out that he, Brewster Kahle (the founder of the Internet Archive) and their lawyer Lawrence Lessig (a Stanford law professor and founder of the Creative Commons) are the three people who have done the most to push this new law into existence. They started the ball rolling when they sued the U.S.  Attorney General to fix a US copyright system that has recently become, in Lessig's words, "The most inefficient property system designed by man".  For details about why this is so take a look at this video created by Lessig to explain the problem.   

Why Rick Prelinger likes the new Orphan Works Act

Making sure that artists get properly credited and reimbursed for their work , and at the same time allowing them to build upon the work of others is a complex subject.  We don't have a law yet, (separate drafts are currently working their way though the House and Senate), but Prelinger feels that both are big improvements over the mess we currently have.  The new Orphan Works Act aims to encourage the formation of databases by arts organizations that will make it much easier to register your work, establishes clearly defined rules to follow in order to determine if a work has truly been abandoned, establishes a mechanism for insuring that artists get paid if and when they discover that someone has been using their work, and protects other artists who incorrectly thought they were using abandoned work.

In this video interview I taped with Rick Prelinger he discusses the issue in much more detail. "In this country" , Prelinger says,   "we discard more media than the rest of the world ever produces". With luck, the adoption of this new law is going to breath new life into all the work that otherwise would sit rotting in musty old film vaults.   Here is to hoping.



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