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View Full Version : New "Orphan Works Act" due out this week



robertoortiz
04-22-2008, 10:54 PM
FROM THE ILLUSTRATORS’ PARTNERSHIP



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.



A Webcast interview with Brad Holland about this bill is now available at:

http://www.sellyourtvconceptnow.com/orphan.html. <http://www.sellyourtvconceptnow.com/orphan.html>



Please listen to it because this radical proposal, now pending before Congress, could cost you your past and future copyrights.



On Saturday April 5,2008, artist and producer Mark Simon interviewed Hall of Fame illustrator Brad Holland on the subject of Orphan Works legislation. The warnings in this interview have now been confirmed by the advance drafts of the bill. Learn what artists groups are doing and how you can help oppose this radical departure from traditional copyright law and business practice.



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.



Mark Simon has worked on over 2,500 productions in the last 20 years as a director, producer, story artist, animator and designer. His clients include Disney, Universal, Viacom, Sony, HBO, Nickelodeon, Steven Spielberg, Fox, USA Networks, ABC, AT&T, and many others.



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

pumeco
04-23-2008, 09:26 AM
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.
Well, I can't speak for anyone else, but MY work will never be orphaned just because I didn't submit to some great American scam. If someone takes my work without my permission I'm in a position to sue their asses off whether I comply with this ******** or not. The only person that'll ever decide if MY work is orphaned is ME.

Have fun fellas :)

Steamthrower
04-23-2008, 09:34 AM
Odd proposals are always popping up in legislature, especially American legislature.

This law will never be passed. It's of no consequence to me, because, like Pumeco said, it's my stuff and will stay mine.

Book covers I've designed have been published, under copyright, with ISBN numbers. Renders I have created have been used in publications from large corporations. And like me, the thousands of designers, artists, animators, authors, singers, guitar players, etc. out there will not be automatically losing their rights to anything. The idea is crap. Billions of dollars of material would be affected. It won't happen. Waste of time.

robertoortiz
04-23-2008, 10:32 AM
For those who think this is not happening:
Orphan Works – No Myth
http://illustratorspartnership.org/01_topics/article.php?searchterm=00264

Please read this:

3.13.08 presentation in Congress

http://www.copyright.gov/docs/regstat031308.html

and this:




Quotes from the the Frequently Asked Questions about Orphan Works,
(BTW Thanks Tatiana!)

http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00221

Q: Then what would it take to persuade photographers and illustrators to support orphan works legislation?

A: Here’s what we said in oral testimony before the Senate, April 8, 2006: “We believe the orphan works problem can be and should be solved with carefully crafted, specific limited exemptions. An exemption could be tailored to solve family photo restoration and reproduction issues without otherwise gutting artists’ and photographers' copyrights. Usage for genealogy research is probably already covered by fair use, but could rate an exemption if necessary. Limited exemptions could be designed for documentary filmmakers. Libraries and archives already have generous exemptions for their missions. And if their missions are changing, they should abide by commercial usage of copyrights, instead of forcing authors to subsidize their for-profit ventures.”

Q: But wouldn’t the Orphan Works Act strengthen the credibility of copyright law by showing that our copyright system can continue to work in a digital age? It would remove one arrow from the quiver of copyright foes, and make it harder to ignore copyright law by claiming it isn't practical any more.

A: Just the opposite. This bill would be retroactive, betraying all those artists who for 30 years didn’t do what the law didn’t require. Those artists could now see their copyrights cast to the winds. You don’t engender respect for the law by betraying those who have observed it.

Q: But remember what we're trying to do with orphan works legislation. We're trying to gain access to content that currently goes unused, while ensuring that if the owner surfaces they will be fairly compensated and have the possibility of stopping use if it is appropriate to do so.

A: The fundamental problem with the Orphan Works Act is that it’s drafted so broadly its use cannot be confined to real orphaned work situations. It will create a class of works that are not orphans but which will be caught in an orphan works net. This will open the door to widespread abuse. Artists will have to depend on vigilance and luck to detect infringements, then identify and locate infringers. If they don’t accept an infringer’s version of “reasonable compensation” they’ll be forced into the courts, perhaps not once or twice in their careers - but on a regular basis.


The Orphan Works Act will create a problem which it says can be solved by creating an entirely new branch of the Federal judiciary to deal with the problem. First, this is illogical. Second, the law is a blunt instrument and should be used only as a tool of last resort. Lawmakers cannot draft laws so precisely as to replace free market decisions. This is why we should not drive an entire class of market transactions into the courts, as the Orphan Works Act would do.

Steamthrower
04-23-2008, 10:41 AM
Robert, one question: does this affect those outside of the US?

Since I know the answer, "no", then I'll advance to the next question: Where does international copyright law come into play, and how does this new proposal, in the fraction of a chance it's passed, trump international law?

robertoortiz
04-23-2008, 11:53 AM
Robert, one question: does this affect those outside of the US?

Since I know the answer, "no", then I'll advance to the next question: Where does international copyright law come into play, and how does this new proposal, in the fraction of a chance it's passed, trump international law?


That is a good question.
I do know that this proposal goes against the Berne convention.
Anyway I will confess that I do HOPE I am wrong.

I will research it a bit more when I have some time.
-R