Re: Difficulty of tracing rightsholders

From: "Daniel P. B. Smith"
>
> Do not tell _me_ that there is no problem in tracing 
> orphan works.
>

Daniel,

Ir that is addressed to me I never said there was no 
problem, or that some were not as difficult as this one. 
What I have pointed out is that any way which is not case by 
case through a dedicated agency is wide open to abuse. I 
also questioned the assumption of right to have something 
because one wants it.

At this point I would say you actually could act in good 
faith on this particular book. If you publish, perhaps in 
more detail, the, steps you have taken to discover any 
rightsholder together with a clear invitation to the 
rightsholder or anyone who knows who the rightsholder is and 
where they are on your website.  This might go with a file 
of the book; I suggest you should make a charge equivalent 
to a reasonable royalty plus and hold that in an acount 
against any enquiry.

Were you to do this and to write to both publishers 
mentioned saying you have done so they might well discover 
they had some records. The worst thing would be a cease and 
desist if either suddenly discovered 'rights'. If you were 
to take such action it would certainly seem to me 
reasonable. You appear to have made great efforts to 
discover the rights holder, and that seems the essential.

Joseph Harris 



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