I thought this an important article for all artist's to be aware of and to read. All of your art can become 'orphaned' if this bill is allowed to pass into legislation in the US. MIND YOUR OWN BUSINESS.
An Orphan Works bill is also in the making in Europe.
[Note: I posted this under Vigilante Justice too, not being sure which category to list it under.]
The government of tyrants cannot last long because it is hateful to the multitude, and what is against the wishes of the multitude cannot long be preserved.
-Thomas Aquinas
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
I read the comments left on the article I mentioned above and it seems there are two differing views on the subject and whether it will affect artists or not or whether it is just meant to help libraries, etc. use works in their collections that don't seem to have any apparent and currently known creator. The original bill didn't get out of committee, but appartently as of March, 2008, a new bill is on the way. The substance of this can be found through the links provided here.
The Orphan Works Act of 2008 will be officially released momentarily.
The language in the draft confirms our warnings. If this bill passes, you’ll be forced to clear all your secondary licensing rights through at least two government certified databases – or risk orphaning your art.
Despite its masquerade as the "last resort" to search for a rights owner, these databases will likely become the only source many users will rely on for finding a rights owner. Reason: it will give users the legal right to infringe any copyright not in the databases.
We’re working with our attorney now to prepare opposition letters.
We have contracted CapWiz, a service that will allow you to send these letters to Congress with a push of the button.
CapWiz will also provide us with "digital stickers" that anyone else - organizations, individual artists, blogs, etc. - can put on their sites that create a direct link to the command center to write their Congressman and Senators to defeat this radical change to U.S. Copyright law
Please stay tuned and we’ll tell you in a day or so what you can do to register your opposition.
For additional background on Orphan Works, go to the IPA Orphan Works Resource Page for Artists
LINK 4/24/08
I hate to say it, but this law will open many new pro-corporate options for literally ripping artwork in the same principle and proceedure that NAFTA did for outsourcing/offshoring labor and manufactured goods...Once this law (and the database) is in place, the artists' options will dwindle as big business and their political cronies find loopholes in the law to further exploit for their own financial gain at the expense of the artist...
And remember...this so called "protective registration" means paying a fee (and eventually...a retaining fee) for EACH of your works, and even then...this would not guarantee copyright if big business liked the artwork enough to throw the appropriate capital around to "influence" the "keepers of the realm" (database administrators)...
This government is getting like the one we read about that took place in in Ancient Rome...with each passing day!
"Who says the music's dead in the street?...Don't know what they talk about...I like my music wakin' up the dead...Don't tell me to turn it down!!!" - Motley Crue ... Visit Jhihmoac's Gallery
You are right, Ron. Your work will be open to anyone who wants to use it without your permission unless you have registered it for a fee to an, as yet, non-existent agency. They are saying that anyone's work belongs to the masses. Sounds a little like Communism. Anyway, view this VIDEO for a better idea of what this bill entails. It is about 7 minutes long, so give it time to download. This is a very important piece of legislation that MUST BE STOPPED. It is another grab at our freedoms.
Best tread carefully Cindy. On the Illustrator's Partnership's own site there is a direct link to Copyright Registration. Found in the left hand menu of this page here:
Some quick research into the controlling, or seemingly so, interests of the parties that you are quoting from ... makes it appear to my eyes, that what you are reporting is not all that it appears to be.
And reread the policy analysis provided in the link to my first post to this thread.
Nothing wrong, of course, with bringing this to our collective attention. Keep us apprised.
And to correct Ron, one does not have to pay a fee for each work registered. Multiple works can be registered at once.
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
Hmm, not the point I was trying to make there Cindy.
I found it ... interesting, let's say ... that the Illustrators' Partnership of America website provided and made the necessary registration forms readily available.
And a little bit of playing devil's advocate and yes, correcting Ron ... if I understood his words in his post ... in that he seemed to be under the impression that an artist had to pay a separate fee for each individual piece of art. My understanding is that that is not the case.
A healthy debate includes both sides of the proverbial coin, no?
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
I just checked a good number of websites/blogs about the proposed SBOWA (Shawn Bentley Orphaned Works Act)...Incidentally, the late Shawn Bentley...was a lobbyist representing Time / Warner...
According to most sources, you will have to pay a registration fee (and probably one you cannot afford) for EACH AND EVERY ONE of your works if this act, and the related database (which will probably be privately administered) comes into being...
Like I said in the above post...just like Ancient Rome...anything for money!
"Who says the music's dead in the street?...Don't know what they talk about...I like my music wakin' up the dead...Don't tell me to turn it down!!!" - Motley Crue ... Visit Jhihmoac's Gallery
"Registering your work as unpublished is one way to simplify the task. This timely method preserves statutory rights and relieves an illustrator from the deposit requirement of a printed sample within three months of publication (a potentially unrealistic requirement). This method also allows for group registration of multiple works, all on one form for a single $45.00 fee."
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
So that means register them one at a time or wait until you have a multitude of them, any of which can be used in the meantime, and register them together for a $45 fee and then start all over again on the next one or the next batch fo another $45.. Am I reading this right?
Would my child have to register his crayoned doodles just to keep them in the family?
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
The jury is still out, Les. I wasn't being argumentative, I was just trying to understand the implications since you seem to think this law wouldn't hurt anyone and that there is some merit to its passing.
If this stupid bill goes into effect...How many members of OUR community will we lose? If my art becomes "up for grabs", I know I won't be here, nor will my works...That also applies to my semi-pro stuff on various online portfolios...If a possible freelance client/employment prospect wants to see samples...then they'll get small, low resolution, useless-for-publication .gifs...
"Who says the music's dead in the street?...Don't know what they talk about...I like my music wakin' up the dead...Don't tell me to turn it down!!!" - Motley Crue ... Visit Jhihmoac's Gallery
Ummm, I'm no professional photographer or anything so currently this doesnt concern me much. However, I'm sure it will eventually, so I'm curious to know... Does this apply in Canada? Are there already things like this in place in Canada? And if this doesnt apply in Canada, what about any works that are posted on htte web? Yes, it is a lot of questions :-P and I would greatly appreciate an answer to at least one or two. Thanks.
Jeremy, please take time and read the articles that are linked above. They are quite informative. What I have read indicates the United States (excludes Canada:), but I am not that savvy about the entire topic.:=)
"Think what a better world it would be if we all, the whole world, had cookies and milk about three o'clock every afternoon and then lay down on our blankets for a nap." - Robert Fulghum
If that bill gets passed, there go the vast majority of personal web sites because people will not want their photos, writing, or artwork being used by corporations without compensation. I will take my own web site down if it happens and only produce artwork to share with my friends and family.
An Orphan Works bill is also in the making in Europe.
[Note: I posted this under Vigilante Justice too, not being sure which category to list it under.]