CGTalk - Oppose Orphan Works 2008 with a click of a button

05-07-2008, 05:11 PM

Rebeccak

Anatomy Forum Leader

Rebecca Kimmel

Teacher in LALA Land

Los Angeles, USA

Join Date: Feb 2005

Posts: 19,353

Oppose Orphan Works 2008 with a click of a button

Edit 1/5/09 - for the most up to date information on the Orphan Works issue, please subscribe to the official blog of the IPA:

http://ipaorphanworks.blogspot.com/

___

UPDATE - 10/3/08

Please note that this first post has been edited with the most recent information. Comments posted to this thread reflect previous developments in this issue chronologically and may no longer be relevant to the post below which is the most recent:

(thanks to dmedillus for posting at the end of this thread):

Quote:

Originally Posted by dmedillus

FROM THE ILLUSTRATORS' PARTNERSHIP

According to our sources
THE HOUSE WILL TRY TO PASS THE ORPHAN WORKS BILL TODAY

10.3.08

If this Bill is only meant to help libraries and museums, why did they draft it behind closed doors?

Why have the doors been opened wide for commercial infringement of the work of living authors actively licensing their work?

Why do they want to pass it when nobody's looking?

Why do they want to re-write copyright law without an open debate?

Stop this effort to give content to Big Internet firms by undermining copyright law.

Get the word out.

· Light up Washington and home offices of your Congressman.
· Contact the media.
· Deny them cover. Do not let them hide.

Tell them we will hold each of them accountable.

THE MESSAGE for your Congressman, Key Leaders, Aides, Media

· The "Dark Archive" - where infringers can register their paperwork in secret - will not protect our copyrights.

· An "Open Archive" - with orphaned work exposed to to the public - would be a come-and-get-it bank for plagiarists and infringers.

· Artists cannot monitor tens or hundreds of thousands of images every day to see if somebody somewhere has infringed their work.

· There are more than a trillion images subject to orphaning each day.

· If someone can't find me, that doesn't mean I've orphaned my work.

· An unsuccessful search for a property owner should not be a license to steal.

· Artists should not have to digitize their life's work at their own expense to comply with a law they don't want or need.

· The high cost compliance would make compliance prohibitive.

· The loss of exclusive rights would undermine contractual agreements with clients.

· We cannot sell exclusive rights to clients if others can publish our work without our knowledge or consent.

· The loss of exclusive rights would devalue our entire inventories of work.

· Small business owners should not be forced to subsidize the business models of Big Internet firms.

· No rational business owner should have to give access to their inventory, metadata, client contact information, etc. to outside business interests.

Tell lawmakers to prevent passage of this bill until it can be subjected to an open, informed and transparent public examination.

Tell them this is no way to re-write copyright law.

Tell them it will affect millions of rights holders worldwide.

Tell them you would support a true orphan works bill, but this is not it.

Tell them to to consider the amendments presented by the Illustrators' Partnership, Artists Rights Society and Advertising Photographers of America

Phone, fax, email these Congresspeople immediately

DELAHUNT Phone: (202) 225-3111 Fax (202) 225-5658
Phone: (617) 770-3700 Fax: (617) 770-2984

CONYERS Phone: (202) 225-5126 Fax: (202) 225-0072
Phone: (313) 961-5670 Fax: (313) 226-2085

NADLER Phone: (202) 225-5635 Fax: (202) 225-6923
Phone: (212) 367-7350 Fax: (212) 367-7356

BERMAN Phone: (202) 225-4695 Fax: (202) 225-3196
Phone: (818) 994-7200 Fax: (818) 994-1050

PELOSI AmericanVoices@mail.house.gov
Phone: (202) 225-4965 Fax: (202) 225-8259
Phone: (415) 556-4862 Fax: (415) 861-1670

HOYER steny.hoyer@mail.house.gov
Phone: (202) 225-4131 Fax: (202) 225-4300
Phone: (301) 474-0119 Fax: (301) 474-4697

YOUR REPRESENTATIVE
To find Washington and District Office phone, fax and web forms for your Representative
http://capwiz.com/illustratorspartnership/dbq/officials/
and enter your zip code

YOUR LOCAL MEDIA
To find the contacts for your Local Media go to
http://capwiz.com/illustratorspartnership/dbq/media/
and enter your zip code

- Brad Holland and Cynthia Turner, for the Board of the Illustrators' Partnership

Please post or forward this message immediately to any interested party.

__________________________________________________ _____________

For news and information:
Illustrators' Partnership Orphan Works Blog: http://ipaorphanworks.blogspot.com/

Over 75 organizations oppose this bill, representing over half a million creators.

U.S. Creators and the image-making public can email Congress through the Capwiz site: http://capwiz.com/illustratorspartnership/home/ 2 minutes is all it takes to tell the U.S. Congress to uphold copyright protection for the world's artists.

INTERNATIONAL ARTISTS please fax these 4 U.S. State Agencies and appeal to your home representatives for intervention. http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00267

CALL CONGRESS: 1-800-828-0498. Tell the U.S. Capitol Switchboard Operator "I would like to leave a message for Congressperson __________ that I oppose the Orphan Works Act." The switchboard operator will patch you through to the lawmaker's office and often take a message which also gets passed on to the lawmaker. Once you're put through tell your Representative the message again.

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. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses.

STOP THE U.S. ORPHAN WORKS ACT NOW.

__________________

Last edited by Rebeccak : 01-05-2009 at 06:27 AM.

05-07-2008, 05:16 PM	#2

Rebeccak Anatomy Forum Leader Rebecca Kimmel Teacher in LALA Land Los Angeles, USA Join Date: Feb 2005 Posts: 19,353	I sent the following form letter to Congress ---------- info. no longer relevant. __________________ \| WEB \| Article - Nudity \| Blog \| Teaching Schedule ANATOMY FORUM \| PORTFOLIO BLOG (New!) Last edited by Rebeccak : 09-27-2008 at 09:53 AM.

05-07-2008, 05:27 PM	#3

robcat2075 Advanced Wanna-be Robert Holmén Dallas, Texas, USA Join Date: Dec 2004 Posts: 800	Apparently no one senses the irony of a generation of artists who think it's their right to download, listen to, reuse and redistribute ("sharing") music they've never paid for now getting all wound up about this orphan copyright thing. Irony or karma... could be either. There is a place for an orphan copyright consideration in the law that would greatly benefit artists doing historical work and research. Bombarding your congressperson with form e-mails will do little to make sure the law has the proper protections for your non-abandoned works. I'd urge everyone not to take the "Illustrators Partnership" explanation at its face, as it seriously misstates the realities of "orphan copyright" proposals that are being considered now. __________________ ° Animator and voice o' the Scarecrow for The Tinwoodman of Oz the #1 Heavy Push on Youtube. I'm a 2D wannabe

05-07-2008, 05:36 PM	#4

depleteD Glowologist Andrew Melnychuk-Oseen VFX Artist Blur Venice, USA Join Date: Oct 2003 Posts: 1,152	Are there links for supporting this bill? My cgportfolio is gonna be so sick 2 hours after this bill law thing goes through. Like 3000 more images sick....and then Im gonna sell it. __________________ FX Tutorials http://www.andrewmelnychuk.com/

05-07-2008, 05:39 PM

eirenicon

Modelo, ergo sum

Tim Duyzer

Master of Karate and Friendship

Hamilton, Canada

Join Date: Feb 2002

Posts: 1,886

Quote:

Originally Posted by robcat2075

Apparently no one senses the irony of a generation of artists who think it's their right to download, listen to, reuse and redistribute ("sharing") music they've never paid for now getting all wound up about this orphan copyright thing.

Hey buddy... even if everyone who is worried about the bill pirated music - and they don't - the two things are completely different legal issues. There's an obvious difference between pirating a song and using that song in a TV commercial without licensing it. A song that you can buy for a dollar on iTunes could cost $10k to license. There's a similar difference between sharing a jpg of a painting with your friends and using that painting in a magazine ad without permission.

__________________
-Tim

05-07-2008, 05:39 PM	#6

Rebeccak Anatomy Forum Leader Rebecca Kimmel Teacher in LALA Land Los Angeles, USA Join Date: Feb 2005 Posts: 19,353	---------- info. no longer relevant. __________________ \| WEB \| Article - Nudity \| Blog \| Teaching Schedule ANATOMY FORUM \| PORTFOLIO BLOG (New!) Last edited by Rebeccak : 09-27-2008 at 09:53 AM.

05-07-2008, 05:40 PM	#7

Rebeccak Anatomy Forum Leader Rebecca Kimmel Teacher in LALA Land Los Angeles, USA Join Date: Feb 2005 Posts: 19,353	double post ............. __________________ \| WEB \| Article - Nudity \| Blog \| Teaching Schedule ANATOMY FORUM \| PORTFOLIO BLOG (New!)

05-07-2008, 05:57 PM	#8

CGmonkey ____________________ B S Senior Artist Oslo, Norway Join Date: Oct 2002 Posts: 3,686	All I say is: Read up on orphan works before you say no. It may have some interesting ideas and is probably something that is not inherently evil. However I haven't read unbiased information about it yet to make a call... just yet. Just saying. ~B __________________ Last edited by CGmonkey : 05-07-2008 at 05:59 PM.

05-07-2008, 06:17 PM	#9

RobertoOrtiz [Forum Leader] Roberto Ortiz Illustrator/ Modeler Washington DC, USA Join Date: May 2002 Posts: 22,146	Ok I have compiled some resources that ALL artists should read before they say "we jumped" the gun. BTW I am 100% against this bill. To learn more about the Orphan Works Bill, listen to the interview with Brad Holland: mp3 version: http://www.sellyourtvconceptnow.com/orphan.html YouTube version: http://youtube.com/watch?v=CqBZd0cP5Yc BLOG: Orphan Works – No Myth http://illustratorspartnership.org/01_topics/article.php?searchterm=00264 Worldwide Copyrights http://www.eucopyright.com/ http://www.eucopyright.com/ http://www.copyright.org.au/ US Contacts http://www.senate.gov/general/contact_information/senators_cfm.cfm https://forms.house.gov/wyr/welcome.shtml Berne Convention http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_an d_Artistic_Works And of course.. Why we are here: S. 2913, the Shawn Bentley Orphan Works Act of 2008 (SENATE) H.R. 5889: The Orphan Works Act of 2008 (HOUSE) You can find more info of the status of BOTH bills here: http://thomas.loc.gov Just enter their #'s MISC: Orphan works hearing March 13, 2008 Places to avoid:(In my humble opinion) Radio Free Meredith (She is spreading mis-information left and right) __________________ LW FREE MODELS:FOR REAL Home Anatomy Thread FXWARS:Daily Sketch Forum:HCR Modeling This message does not reflect the opinions of the US Government Last edited by RobertoOrtiz : 05-07-2008 at 06:55 PM.

05-07-2008, 09:06 PM	#10

Ivy00 working on it... Linda Smith na United States Join Date: Apr 2006 Posts: 1,202	I popped up a link to this in my DA journal and also a thread in the DA forums. Hope it helps gain support in opposing this bill. __________________ Steampunk Myths and Legends Some of my Steampunk things

05-07-2008, 10:23 PM	#11

higginsdj Veteran David Higgins BA Australia Join Date: Jan 2005 Posts: 40	Maybe I am missing something here but the bill seems to cover only those items where the item in question is 'Orphaned' ie where a copyright owner cannot be established. My own personal view is that if I create a work that I value then I would have no hesitation copyrighting it. If I did not value that work enough to actually copyright it then why should I complain if someone else values it enoguh to use it for any purpose? BUT I guess applying commonsense to such an emotive topic is probably just asking for trouble.....

05-07-2008, 10:42 PM

#12

paintbox

Waiting for pixels to dry

Artist / Illustrator

Lead Freelancer

Netherlands

Join Date: Mar 2003

Posts: 2,036

Quote:

Originally Posted by higginsdj

Maybe I am missing something here but the bill seems to cover only those items where the item in question is 'Orphaned' ie where a copyright owner cannot be established. My own personal view is that if I create a work that I value then I would have no hesitation copyrighting it. If I did not value that work enough to actually copyright it then why should I complain if someone else values it enoguh to use it for any purpose? BUT I guess applying commonsense to such an emotive topic is probably just asking for trouble.....

Ehm, your work is *automaticly* copyrighted as soon as you created it. I don't need to go anywhere to "actually copyright" it.

Imagine the case where someone just crops a picture to leave out any mark or autograph and then says "Well, nope, can't identify the original owner" But that is the basic premises of this bill.

(I know this case is probably covered for in the bill...I hope!)

05-07-2008, 10:56 PM	#13

JHarford Realist Joseph Harford Creative Director whitehot Worcester, United Kingdom Join Date: Jan 2003 Posts: 862	Would you really want to leave all your ' no good ideas, and work ' unregistered in a case like this?. Ideas that you didn't value, or images that you didn't believe were worth anything. I know in the aftermath of work, we sometimes overlook sketches, ideas, writings or images that were really good, in search of something better. I don't want a situation where I have to register everything, especially at a cost, and of course not either where I overlook registering an image only to have it lost, orphaned and making money. Regarding the 'everything you do is auto copyrighted', isn't this what this bill is standing to negate? If I crop of the C logo and sell it before someone notices, appearing oblivious to its previous ownership, I stand to be fully within my right. That's outrageous. __________________ CGChain Community : http://www.cgchain.com Portfolio & Blog : http://www.josephharford.com Follow me on Twitter : @Harford @CGChain

05-07-2008, 11:24 PM	#14

richcz3 esc is key Richard Cabrera Media Developer Digital Works Los Angeles, USA Join Date: Jul 2003 Posts: 3,013	Well I did my part. Got the message to the Reps for it here in California. __________________ Rich Cabrera www.digitalworks.8m.com

05-08-2008, 12:42 AM

#15

Rebeccak

Anatomy Forum Leader

Rebecca Kimmel

Teacher in LALA Land

Los Angeles, USA

Join Date: Feb 2005

Posts: 19,353

Quote:

Originally Posted by richcz3

Well I did my part.
Got the message to the Reps for it here in California.

Awesome. I think it's particularly important for those in California, Pennsylvania, North Carolina, and even Vermont to write to Congress as the congressmen in those states are particularly important in launching the legislation. (This is not of course to discourage anyone else from any part of the world from writing in to the U.S. Congress). That is according to this interview with Brad Holland, who has a big hand in organizing the Illustrators Partnership:

http://www.sellyourtvconceptnow.com...information.mp3

Bear in mind that this interview was recorded prior to the release of the actual Orphan Works bills to the House and Senate in April of this year; however he's good at explaining the ramifications of why it might be important to oppose the Orphan Works legislation.

__________________

Last edited by Rebeccak : 05-08-2008 at 12:45 AM.

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