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

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  05 May 2013
Originally Posted by CS1: Ok....so maybe I am missing something here...but...what about your signature and name or a simple copyright text? Does that no longer apply?


If someone erases your signature and the metadata of your image, they can make an argument that they could not find you and use your work commercially.

After all they could make the case that they found your work in that state.
BTW this is only for the UK.
-R
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  05 May 2013
Welll...just gonna keep the work to myself I guess >_>
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  05 May 2013
Originally Posted by RobertoOrtiz: If someone erases your signature and the metadata of your image, they can make an argument that they could not find you and use your work commercially.

After all they could make the case that they found your work in that state.
BTW this is only for the UK.
-R


There are always image searches. As long as the creator has a decent amount of presence surrounding their artwork then they shouldn't be hard to track down.

People will just need to make themselves easier to find.
 
  05 May 2013
Originally Posted by pipdixel: Thats like, Hey I looked for the owner of this car, couldn't find him, so I took it.

That might be true if you could download a copy of someone's car as easily as an image. Or, for example, a movie.........
 
  05 May 2013
Originally Posted by stoneage: That might be true if you could download a copy of someone's car as easily as an image. Or, for example, a movie.........



yet MPAA & RIAA argue copying is equal to theft. So, which one is it? Is it theft only when convenient, or not? Pick one.
 
  05 May 2013
Originally Posted by evolucian: yet MPAA & RIAA argue copying is equal to theft. So, which one is it? Is it theft only when convenient, or not? Pick one.

There is a huge lack of understanding regarding this. It is theft when it is defined as theft on the statute books. There is legal copying, and there is illegal copying, and the artist(or rights owner) gets to choose which one his or her work is licenced under.

The entities using orphan works will have paid a licencing fee to an independent body. This makes it, again by definition, legal and not theft. The purchase price of a movie or song download includes fees for licencing and artist royalties. This makes it legal and not theft.

Taking without permission and not paying a licence fee is, by definition, an illegal act.

If there was a legally defined framework that allows you to take (a copy of) someone else's car or, for example, a movie, without permission then you'd be fine. (Just don't take mine, as I'm using it.)

So that this isn't taken out of context and stays on topic; - One issue with the orphan works act is that it removes the artist's ability to grant or withhold permission and it removes the artist's ability to negotiate what they would consider a fair fee for the use of their work.
 
  05 May 2013
I did some searching, the name of the legislation is Digital Economy Bill Clause 43. I believe I found the Bill online, I hope someone can confirm this is the real thing?

http://www.publications.parliament....0089.49-55.html
 
  05 May 2013
Originally Posted by Darkherow: I did some searching, the name of the legislation is Digital Economy Bill Clause 43. I believe I found the Bill online, I hope someone can confirm this is the real thing?

http://www.publications.parliament....0089.49-55.html

I believe it is the Enterprise and Regulatory Reform Act (2013)

More information here:-
http://services.parliament.uk/bills.../documents.html
http://services.parliament.uk/bills...toryreform.html

Aha, and it does indeed already apply to other property. If you find something in the street, and hand it in to the police, then the owner cannot be traced within a reasonable amount of time, it is indeed yours to keep.

A car is probably not a good example since it will have a registered owner, but a book or a DVD would be yours to keep. You still can't legally copy or distribute it though.

Last edited by stoneage : 05 May 2013 at 01:42 PM.
 
  05 May 2013
Originally Posted by leigh: What a pile of crap.

Just another way in which the corporate world is shafting the little guy.


I totally agree. It's outrageous to see the lobbying power to legislate about IP and PIRACY in absolutely opposite senses, with the only principle you've stated.

Meanwhile, we the little guys are putting up with it like sheeps.
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Last edited by ShinChanPu : 05 May 2013 at 09:58 PM.
 
  05 May 2013
My Dad tells me that newspapers (at least in Europe) use photos without permission all the time. The journos trawl facebook and most other social media in search of pictures of people that come to the attention of the media. With apparently most of us on social media these days, it isn't hard for news people to dig up a photo of anyone who suddenly becomes famous, gets into trouble, or dies.
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  05 May 2013
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