Copyright Office examining "orphan works"

[Ed Oscuro]

On the Anti-DMCA web site there is a post found here (http://anti-dmca.org/2005/01/26/) about orphaned works. We've missed the deadline for submitting comments, but there is a second deadline (May 9th) for written responses to the original comments. I'm going to see about getting ahold of the submitted, original comments and might submit something if it would be relevant. Anyhow, this is government (SERIOUS BUSINESS!) stuff, so I wouldn't encourage anybody to send rambling enquiries or rants (as they're dealing with writings from law professors and the like) but I'm sure they'd welcome another view of the issues.

This could be huge.

[Swizzle]

I saw this awhile ago, and hope it goes well. I would be very interested in seeing us legally able to distribute classic games made by companies that no longer exist. The impact it will have on classic film and literature that is currently being lost because no one can identify the owner (or the owner does not exist any more) is tremendous.

[Ed Oscuro]

Right, though there's an issue with whether copyright owners will be aware of their options (many, if not most, individuals aware of interest in Spectrum games, say, have made their old Spectrum-era works freely available, though this is much more common on games where you had small teams, and is true of a handful of MAMEd titles), or whether they'll want to allow their copyrighted materials to be distributed.

There are reasons for "holding onto" old games that are only getting older; some might be licensed versions and the original licensee no longer able to redistribute them - all licenses have terms, and I doubt a big company like Capcom would fail to enforce that (can you blame them for not wanting a lo-fi version of Ghosts 'n Goblins to be made free?). Some companies might be holding out for a compilation pack, and here you wouldn't want to free up the Spectrum version of the Amiga or Atari ST version of the game could potentially be sold; the same is true of remakes. I don't really see the logic behind an old game nobody really cares about anymore, unless you don't want the public to know you hold title to other games on the same label ;)

There is an interesting blurb on this subject here (http://www.ultimate-wurlde.com/editorials/snapshots.shtml) for those interested in one company that hasn't released their old games, though the author appears to be in the dark as to why as I am.