Finding a Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe

Type: Journal Article
Katharina de la Durantaye
This journal article argues that an international solution is needed to address the problem of orphan works, and suggests extended collective licensing as a possibility.
2011 March 15
The abstract provided by the author(s) of this work is as follows: The Google Books case and its proposed settlement have provoked heated debate. Objections to the settlement proposals have come from virtually all sides—from Google’s competitors to public interest organizations, state attorneys general, the U.S. Department of Justice, and even foreign countries such as France and Germany. While it is impossible to know what the terms of the final settlement will be, it is already clear that one of the settlement’s most important consequences will be how it changes the orphan works debate, both in the United States and in Europe. This Article argues that the Google Books case offers an unprecedented occasion to address the orphan works problem and to adopt a legislative solution that will promote desperately needed international harmonization of the law on this issue. The Article analyzes the framework that the Google Books settlement proposes as well as proposed legislative solutions in the United States and the European Union. It suggests a legislative solution which would be as effective as the one envisioned by the settlement but which would avoid the monopoly the settlement would create if approved. The most important element of that solution foresees the introduction of extended collective licenses.
Fordham University School of Law
Fordham University
Journal Title
Fordam Intellectual Property Media and Entertainment Law Journal
Issue Number
Pages (from-to)
229-291 pp.
United States, European Union
352 KB, 65 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
Cortex Citation:
Katharina de la Durantaye, “Finding a Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe,” Copyright Cortex, accessed June 3, 2020,