id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
iiclr-21730	Mattingly, Francis X.	If You Don't Use It, You Lose It: What the U.S. Could Learn From France's Law on Out-of-Commerce Books of the 20th Century	2017	30	.pdf	application/pdf	14037	632	57	It states that the Directive has no effect on legislation recently enacted in member states that is aimed at providing a solution to the mass digitization issue as a whole.182 One of the main reasons behind the Directive’s implementation is that because various countries across Europe had already been attempting to solve problems relating to orphan works using sometimes vastly different methods, access to orphan works across borders had become complicated.183 As such, the European Parliament believed that a uniform approach to the rules surrounding the use of orphan works was not only necessary, but it was best carried out at the Union level.184 It is noted, however, that the Directive only applies to works first published within the European Union in order to avoid any international conflicts, such as those exemplified in the attempted Google Books settlement.185 The Directive itself requires member states to enact legislation that brings each country’s legal system into compliance with the articles of the Directive.186 Article 1 of the Directive limits its scope to books, journals, newspapers, magazines, other writings, and audiovisual works contained in the collections of libraries and other similar institutions and any public-service broadcasting audiovisual works published before January 1, 2003.187 Orphan works are defined in the Directive as those works for which either no rights holder is listed or no rights holder can be “located after a diligent search. This can potentially affect a wide range of users including commercial entities wishing to reissue books long since out of print, libraries and archives attempting to preserve certain works that may be forgotten or practically unavailable, and even individuals trying to make use of content found on the Internet.6 In response to these increasingly pervasive issues, countries across the globe have begun adopting legislation relating to orphan works and mass digitization.7 Attempted solutions have ranged from providing exceptions for certain uses to extended collective licensing (“ECL”), whether carried out by the government or private entities.8 Currently, orphan works constitute a significant part of the literary heritage * B.A. Indiana University Bloomington, 2014; J.D. Indiana University Robert H. McKinney School of Law, 2017.	cache/iiclr-21730.pdf	txt/iiclr-21730.txt