Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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193 copyright status of cenain types of works, e.g., photographs, prints and labels. Moreover, finding the current owner can be almost impossible. Where the copyright registration records show that the author is the owner finding a current address or the appropriate heir is extremely difficult. Where the original owner was a corporation, the task is somewhat easier but here too there are many assignments and occasionally bankruptcies with no clear title to works. Limited uses of older copyrighted material for instructional activities must be allowed. " With respect to libraries, guidelines could be worked out under section 108 as to what materials might be used without permission or paymem as long as the use was related to instiuctioiul activities in nonprofit educational institutions. There is a separate issue relating to facilitating licensing of copyrighted materials, especially where after a reasonable search the copyright owner caimot be located. A mechanism must be devised to resolve this problent In Canada, the Copyright Board, a govenunent organization, is given the right to grant a noi^-exclusive license for the use of previously published materials where the copyright owner cannot be fouixL A license is granted only if every reasonable effort has been made to find the copyright owner. Such a license, which will set the terms and conditions, such as the amount of royalties to be paid " There is also some confusion about what can be used. See, e.g.. Comment 39 where commentator asseru copyright registration kept him from using a 70'$ PBS series to learn sign language. (lirr\dundoa.loc July 11. 1995 32