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Old 01-07-2011, 08:10 PM   #121
CWatkinsNash
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Quote:
Originally Posted by Hellmark View Post
Problem with that is it is only good for the copyright owner to prove they are the owner. Doesn't help others find out who the owner is.
For the period during which the owner is most vulnerable to loss, it makes sense that the burden of discovery should fall on the person seeking to acquire it.

The thing is, most things do get registered once they are in a position to be released to the public. In other words, most of the things people would be looking for. Music publishing companies, in my experience, don't really want to look at anything unless it's been registered. Screenplays are generally required to be registered before submission, whether for a contest, agent or a studio (though it can be through SWG in lieu of USCO in some cases, if I'm remembering correctly). Anyone who does anything through an agent or publisher is likely going to get their work registered at some point prior to release. All of these registrations and subsequent renewals are public record.

The problem we're dealing with now is the inconsistencies in works which are now considered "old". With the variety of copyright law changes (registration, no registration, clear copyright notices required, and so on) there are even films made mid-century that "escaped" into PD because of non-compliance with notice requirements, and other oddities. We also did not have the greatest system in place for all things related to registration. Now, it's all pretty simple.

We have the tools in place now to make things a lot easier in the future when these issues arise, but I'm concerned we'll never get the chance to use them when it comes to public domain.
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