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View Full Version : Orphan Works Bill - Urgent!


Jinbrown
04-12-2008, 10:10 AM
Good morning, fellow artists,The following article by Mark Simons and his interview with Brad Holland are both long, and worth every second of your time. If you can't spend the time today, read the article and listen to the interview tomorrow. Don't miss learning about this!Please read this very important article and listen to Mark Simons' excellent and highly informative interview with Brad Holland of the Illustrators' Partnership regarding the Orphan Works Bill and how it will affect all artists:Mark Simons' Article - Mind Your Business: You Will Lose All The Rights to Your Own Art (http://mag.awn.com/index.php?ltype=pageone&article_no=3605&page=1)So you won't miss it (the link is at the end of the article above), here's the link to the excellent interview Mark Simons did with Brad Holland.Orphan Works - Or, How You May Lose All the Rights to Every Piece of Art You Have Ever Created! (http://www.sellyourtvconceptnow.com/orphan.html)
Also on the Brad Holland interview page, are:



The e-mail address for Illustrator's Partnership you can use to get on the Orpan Works e-mail list and be kept up to date,
The URL for the IPA Orphan Works resosurce page,
The URL to the www.usa.gov (http://www.usa.gov) page where you can find contact information for your Senators, Representatives, Governors and State Legislators, and
A link to another interview with Alex Saviuk, Spider Man comic artist about the Orphan Works Bill.

Jinny

Lunatique
04-13-2008, 08:15 PM
This topic is already covered by other threads in other sections of the forum, but since it's such an important issue, I'm going to let it stay so that we're getting maximum exposure about it.

Jinbrown
04-14-2008, 02:25 AM
Lunatique,

Has the subject been posted in this forum? If so, I don't recall ever seeing it (admittedly I did not do a search before posting).

Since Corel Painter users come to this forum to ask Painter related questions and share Painter-related and artist-related information that can apply to Painter users, it's highly likely many of them do not visit other sections of the site, and would not see the discussions you mention unless the information was posted in this forum.

I'm happy you've decided to let the post stay here. If you had decided to either move or delete it, I'd have been seriously disappointed (understatement).

The subject is important and most definitely does have to do with the focus of this forum as it does to any other forum whose participants are artists of any kind.


Jinny

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joeparis
04-14-2008, 07:31 AM
I've been reading about this subject over the weekend on a number of forums. I read it first here, in this thread. I rarely venture into the 3D sections, etc. and would not have seen the other threads. There may be others who do the same therefore I think it is very worthwhile keeping it here, especially as Jinny has included many helpful links.

Jinbrown
04-14-2008, 11:04 AM
Thanks, Joe.

I'm going to include more links that should give us a broader view of the issue and a better way to learn the truth. Please feel free to add anything you feel might be helpful to us in the effort to learn more about this issue and where it stands at the moment:

Here's another link you and others reading this thread might find somewhat informative, though it's not the last word on this subject, and we need to stay up to date on what's happening:

March 13, 2008 Statement of Marybeth Peters
The Register of Copyrights
before the
Subcommittee on Courts,
the Internet, and Intellectual Property,
Committee on the Judiciary (http://www.copyright.gov/docs/regstat031308.html)

I haven't read all of it yet because I'm having trouble with my eyes... allergies or maybe a chronic sinus infection, or both... and need to give 'em a rest for a while.


Some in other forums have said there's no need to panic. I agree!

While I don't see it as useful to go into a panic, I find it equally un-useful to be uninformed and/or rely on someone else's opinions without doing a lot of research for myself, reading everything I can find on the subject.


I agree with the person in another forum who said somethng about the truth being somewhere in the middle... and I want to know the truth. If there is something we need to do, I hope we'll all pitch in and do it.

It's too easy to sit back and think someone else will solve the problem or to easy to decide there isn't a problem.

If there isn't a problem, well that's super! But let's take time to find out.

The truth is what we need, so let's help to find the truth.


Here's a link posted in another forum you might want to read. It includes links to other sites where you can learn more on this subject:

Six Misconceptions About Orphaned Works (http://maradydd.livejournal.com/374886.html)


And another two links not directly related to the U.S. Orphan Works Bill, but still interesting and informative if we want to watch what's happening in the world with regard to protecting our works:

Europe rejects anti-piracy plans (http://news.bbc.co.uk/1/hi/technology/7342135.stm)

Pirating copyright reform (http://www.onlineopinion.com.au/view.asp?article=7202&page=0)


As nearly as I can tell, this page will give us the current status of H.R. 6052 [109th]: Copyright Modernization Act of 2006, also known as Copyright Protection Resources Authorization Act of 2006, Orphan Works Act of 2006, and Section 115 Reform Act of 2006:

http://www.govtrack.us/congress/bill.xpd?bill=h109-6052

Lots of reading to be done and some brain stretching for those of us who aren't accustomed to sorting out what it all means!

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kraal
04-18-2008, 03:22 AM
may be one of the few artist that read that and am far from panicing. The key being orphaned works. so by time the work is 'orphaned' it isn't a big deal. I do beleive this address more of the duplication and perserving aspect of old works and no where does it seem that the 'rights' can be taken for profit. If i am around to prove the work is mine the of course it isnt orphaned. this website is a classic example as to why i don't panic. how many times have you seen some one on this forum 'blow the whistle' on some one elses work that they saw somewhere else. Yhe internet and places like lulu.com guarantee proff of your copyright.

RobertoOrtiz
04-18-2008, 10:07 PM
Thanks, Joe.



Here's a link posted in another forum you might want to read. It includes links to other sites where you can learn more on this subject:

Six Misconceptions About Orphaned Works (http://maradydd.livejournal.com/374886.html)


#

Ok here is a counter point
Read this
Orphan Works – No Myth
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264

Jinbrown
04-19-2008, 03:39 AM
Thanks, Robert!

The more points of view we can read, the closer we come to knowing the actual facts... hopefully... then being able to make an informed and wise decision as to what action to take.


#

Jinbrown
04-19-2008, 01:28 PM
may be one of the few artist that read that and am far from panicing. The key being orphaned works. so by time the work is 'orphaned' it isn't a big deal. I do beleive this address more of the duplication and perserving aspect of old works and no where does it seem that the 'rights' can be taken for profit. If i am around to prove the work is mine the of course it isnt orphaned. this website is a classic example as to why i don't panic. how many times have you seen some one on this forum 'blow the whistle' on some one elses work that they saw somewhere else. Yhe internet and places like lulu.com guarantee proff of your copyright.

Apparently it's not as simple as you seem to think, kraal.

Read this to see what I mean:

(http://judiciary.house.gov/media/pdfs/Perlman080313.pdf)MARCH 13, 2008

EXECUTIVE SUMMARY AND PREPARED STATEMENT
OF
VICTOR S. PERLMAN,
GENERAL COUNSEL AND MANAGING DIRECTOR,
AMERICAN SOCIETY OF MEDIA PHOTOGRAPHERS
(http://judiciary.house.gov/media/pdfs/Perlman080313.pdf)


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kraal
04-20-2008, 03:50 AM
i know i am being basic and a bit juvenile when i say this but doesnt that mean that is we add. 'copyright kraal wiggins 2008' on our works weither physical or watermarked all is fine????

Jinbrown
04-21-2008, 10:42 AM
Currently:

In the U.S. our work is automatically copyrighted the moment it's created. We should add a copyright notice to our work, but to win a copyright infringement lawsuit, we need to have first (prior to the infringement) registered the copyright with the U.S. Copyright Office.

If the Orphan Works Bill is passed:

Depending on what it contains by the time it's passed, we may lose the copyright protections we now have, and worse.

Read all of the information linked in this thread to begin to understand the potential damage to artists, writers, people in the music business... anyone who creates work and wants to continue having control over how, when, and where it's used, and by whom it's used.

#

Jinbrown
04-21-2008, 10:48 AM
I don't think this one has been posted here. If so, please forgive me for the redundant link:

Response to "Six Misconceptions About Orphaned Works" - Orphan Works – No Myth (http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264)

Six Misconceptions.... was posted in an earlier thread. This one is a response to that one and worth reading if you haven't already read it.


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rgagnon
04-22-2008, 10:31 PM
I made a more detailed reply in the General Discussion thread. In a nutshell, if the orphan proposed legislation ever becomes law, every artist, and artist heir, will need to diligently maintain current contact information in whatever registry that could potentially be used to track down the artist. If an artist cannot be found by a search, which will not in any way remotely be as diligent as the Copyright Office will have us to believe, their works will be considered orphaned and free for use until the artist finds them. Once the artist finds where their works are being used, the artist will get whatever that user considers reasonable. The proposed law does require a mutually agreed upon fee, but without the threat of damages (which this law removes), the artist will essentially have to take what is offered. If a clip art company decides to bulk package your artwork, that money isn't going to be much.

This is a grand shift from the way copyright works today where it is the person, wanting to use copyrighted works, that has to do all the work to ensure that something is copyright free. Otherwise they risk having to pay the artist what the work is worth and damages that can be as high as $150,000 for bad faith uses. Orphan legislation will basically allow free use of anything by an artist when the works are not clearly marked with contact information that would allow the user to find the artist. In a report over a hundred pages long, the Copyright Office said that they cannot define what a diligent search is and are leaving it up to the various artistic communities to develop guidelines. Orphaned works are not limited to published works. The final report includes diaries, personal correspondence, and a wide variety of things that one would not have considered being applicable. Privacy laws still exist, but it's not clear how they will compete with these changes. Contact information is not limited to the artist's name because that may not be enough to find the artist. Here is what the Copyright Office suggests be marked on diaries to avoid having a diary published: "Thus, with respect to the first interest of protecting the author’s professional and creative interests, so long as the author takes steps to be locatable, such as by marking copies with his name and contact information, maintaining a web site with contact information, and/or enlisting an agent or other easily located representative, a user would be able to find the author and not publish the material under the limitation on remedies for orphan works." If an artist doesn't want their works stolen, they should divulge a lot of personal information and that opens a whole other can of worms. Just putting a copyright notice with the artist's name on it may not be adequate information to contact the artist.

Orphan legislation is saying that your published and unpublished works are not yours to control. An artist's works will legally be public domain if an artist doesn't take constant steps to assert ownership of the material by the artist making himself/herself publically available for contact. Get used to more spam and more unsolicited phone calls. That will be but one of the prices to protect your creative works. That is taking a lot of fundamental rights away from artists. Do you know what protections artists get in return?--nothing. Orphan legislation is not for artists. It is for everybody who makes a living off of the work that artists produce. When there are great quantities of free art for the taking, guess how much less new work will be produced? The amount of abuse this can allow is frightening.

RobertoOrtiz
04-23-2008, 07:03 AM
bad news

FROM THE ILLUSTRATORS’ PARTNERSHIP

April 23,2008

Today the House and Senate sent us draft copies of the new Orphan Works Act of 2008. They haven’t officially released it yet, but we’ve been told the Senate will do so this week. A quick analysis confirms our worst fears and our early warnings. If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the moment you create it.


You’ve probably already heard Mark Simon’s webcast interview with Brad Holland. If not, please listen to it at:
http://www.sellyourtvconceptnow.com/orphan.html. <http://www.sellyourtvconceptnow.com/orphan.html>


Then forget the spin you’ve heard from backers of this bill. This radical proposal, now pending before Congress, could cost you your past and future copyrights.


The Illustrators’ Partnership is currently working with our attorney - in concert with the other 12 groups in the American Society of Illustrators Partnership to have our voices – and yours - heard in Congress. We’ll keep you posted regarding how you can do your part.


Please forward this information to every creative person and group you know. Mr. Holland and Mr. Simon have given their permission for this audio file to be copied and transferred and replayed.


For additional information about Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185


If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: illustratorspartnership@cnymail.com
Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area.

RobertoOrtiz
04-23-2008, 07:04 AM
I don't think this one has been posted here. If so, please forgive me for the redundant link:

Response to "Six Misconceptions About Orphaned Works" - Orphan Works – No Myth (http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264)

Six Misconceptions.... was posted in an earlier thread. This one is a response to that one and worth reading if you haven't already read it.


#


Ok here is a counter point/

To keep it simple she is quoting CURRENT copyright law
Read this
Orphan Works – No Myth
http://www.illustratorspartnership....earchterm=00264 (http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264)

Jinbrown
04-24-2008, 03:09 AM
Hi Robert,

Thanks.

If you click both the link in the quote of my post in your most recent post, and the link you provided in your most recent post, you'll see they go to the same page, the same article "Orpan Works - No Myth", and the same information.

Jinny

Jinbrown
05-07-2008, 02:47 AM
Hi folks,

Normally, I don't copy and paste anything from outside a forum, but in this case, we're asked "Please forward or post this announcement in its entirety to any interested party." and so I am. At the bottom of this announcement, see the e-mail address to use if you want to be added to the mailing list and be informed about things like this and any other updates.


I just received this via e-mail. It was sent at 1 pm Pacific today but I didn't expect it and only checked my e-mail just now, a little after 6 pm Pacific. We missed the live online streaming version, but as you'll read below, it will be webcast tomorrow.



FROM THE ILLUSTRATORS' PARTNERSHIP

A Reminder:
Tonight, Tuesday, May 6 at 6:00 PM Eastern Daylight Time (U.S.)
Don’t Let Congress Orphan Your Work
An open forum to oppose the Orphan Works Act

The Society of Illustrators
128 East 63rd Street
New York, NY 10065
Admission will be free

Panelists:

Terry Brown Director, American Society of Illustrators Partnership, Director Emeritus, Society of Illustrators

Constance Evans Executive Director, Advertising Photographers of America, artist

Dr. Theodore Feder President, Artists Rights Society

Brad Holland Artist, Co-founder, Illustrators Partnership

Cynthia Turner Medical illustrator, Board Member, Illustrators Partnership

William Vasquez Photographer, Co-Chair, Advertising Photographers of America/NY Chapter


This event will be streamed live here:
http://video.cmitnyc.com/society/soi_2008_05_06.html
If you unable to access it tonight, it will be archived for delayed webcast, starting tomorrow

Also: stay tuned for a link to our push-button letter-writing website: Take Action/ Write Congress
The link to this advocacy site will be emailed to you directly

Please forward or post this announcement in its entirety to any interested party.

If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at:
illustratorspartnership@cnymail.com
Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area.


#

kraal
05-08-2008, 11:59 PM
a phone call with my senator has let me know that there are two 'bills' that are in the works to 'balance out' the 'orphan works' bill. that is gear more toward the copyright owners. she also assured me there is no rush to pass the bill as presented

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