BBC: UK passes Orphan Works Act (This is a Big Deal)

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Old 04 April 2013   #1
BBC: UK passes Orphan Works Act (This is a Big Deal)

Photography groups have reacted angrily to new legislation passed in Parliament over the use of copyrighted material when the owner cannot be contacted.

Photographs or other creative works can be used without the owners' explicit permission as long as a "diligent search" has taken place.

Campaigners said the new act paved the way for the exploitation of images posted on the internet.

But the government said the act made "copyright licensing more efficient".

The Enterprise and Regulatory Reform Act was passed by Parliament last week. The government said it would support "the UK's enterprise culture and help make it one of the best places to do business"."

"For the first time, these "orphan works" - as they are known - can be licensed for commercial or non-commercial use.
However, in order to do so, the company in question would have to prove to an independent body that a "diligent search" to find and approach the copyright holder had taken place without success.

If the body is satisfied there has been a sufficient search, it would then allow the company to pay a licence fee to use the material.

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Last edited by RobertoOrtiz : 04 April 2013 at 07:00 PM.
Old 04 April 2013   #2
The first thougth that comes to mind is how do they declare something as "sufficient search". I understand that they are trying to execute the process fairly logically with the licence fee though even this has issues given differnet works would have different fees for instance an image nearly raw from the camera to one that has been photoshoped with cg comp'd for hours.
Old 04 April 2013   #3
What a pile of crap.

Just another way in which the corporate world is shafting the little guy.
Old 04 April 2013   #4
Also, who are they paying licensing to if they don't find the copyright holder? Sounds like the government. What kind of BS is that?
The Z-Axis
Old 04 April 2013   #5
With something like this in place I wonder why creative commons was ever created since that was the portal to allow creativitiy to be shared with legal structure in place. It would be like having your car parked at home while on vacation, someone "tries" to contact you and can't so the car becomes free for them to use after paying the governmnet a fee. After returning from vacation you find out what they did but it's "ok" because you get whatever fee the government decided to hold.
Old 04 April 2013   #6
Or what will most likely happen is that people just use what they want.
The Z-Axis
Old 04 April 2013   #7
From November of 2012

"UK's planned copyright landgrab will spark US litigation 'firestorm'"

"The measures encourage gathering creative works into "extended collective licensing" systems, which grant others the rights to use the stockpiled material. Crucially, this could happen without the original creators' consent nor any royalty paid to them, unless they manage to opt out of the scheme"
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Old 04 April 2013   #8
Originally Posted by leigh: What a pile of crap. Just another way in which the corporate world is shafting the little guy.

Corporate world? Its government doing it. Lets give credit where it is due: corporations may have lobbied for this, but politicians made it law. Without those votes they cast it wouldn't have happened.
Old 04 April 2013   #9
The lack of this law didn't prevent businesses and individuals from stealing work. The question is, when you sue over infringement in the UK, is the claim "I tried contacting you," a get out of jail free card for the defendant?
Old 04 April 2013   #10
Wow the English government is selling art that is not theirs for a fee and calling it efficient. Incredible.
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Old 04 April 2013   #11
This has been a while coming, photo magazines have been reporting about it for at least a year.

Its odd how all sorts of legislation is passed to protect the ights of the music and video industry, but the rights of individuals (in this case anyone who creates images and not just photographers) are apparently about to be totally disregarded or wiped out.
I like to learn.
Old 04 April 2013   #12
To answer you, darthviper107, this is where the money apparently goes. I would think an independent body won't allow the government to take the money. However who's the company? Also with the number of companies applying to use images, I would think there would be a large amount of money for the fees, the question is can they handle this and I can just imagine the paper involved even in the digital age.

This money is then to be held by the independent body, and can be claimed by the rights holder should they come forward at a later date.

In terms of the fee, I mean how will they determine how much to charge. I feel that a company may get a lot of money from using said image but the owner get hardly anything, just the fee amount.

I find it silly to find that they haven't even worked out all the details yet either but has made it legal.

The exact workings of the new legislation in relation to copyright are yet to be formalised. Statutory instruments will be implemented at a later date

I guess we willl have to wait till Thursday to read the act in full.
Old 05 May 2013   #13
Want to do something about it?
Here is the first step:
(you have to be a UK resident)
Old 05 May 2013   #14
Thats like, Hey I looked for the owner of this car, couldn't find him, so I took it.

WTF . This law makes no sense!
Old 05 May 2013   #15 maybe I am missing something here...but...what about your signature and name or a simple copyright text? Does that no longer apply?
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