Orphaned Art legislation: Important!!

[domenico Foschi]

Here's what's happening:
The US government, as well as a few
countries in Europe are trying to pass
legislation that requires all artists of any
kind (artists, designers, musicians,
writers, filmakers) to register their
creations with private registries for a fee.

If your creations are not registered, they
become "Orphaned Works," which
means basically that they have no
copyright and become public domain--
meaning that **anyone can sell or
distribute them without the original artist
seeing any income whatsoever.**

Read more about it here:
http://mag.awn.com/?article_no=3605
If the Orphan Works legislation passes,
you and I and all creatives will lose
virtually all the rights to not only our
future work but to everything we've
created over the past 34 years, unless
we register it with the new, untested and
privately run (by the friends and cronies
of the U.S. government) registries.

Even then, there is no guarantee that
someone wishing to steal your personal
creations won't successfully call your
work an orphan work, and then legally
use it for free.

In short, if Congress passes this law,
YOU WILL LOSE THE RIGHT TO MAKE
MONEY FROM YOUR OWN
CREATIONS!

Sign a petition against this act:
http://www.gopetition.com/petitions/no-to-orphan-works-act.html

Listen to this interview with Brad Holland: http://www.SellYourTvConceptNow.com/orphan.html

This a link with the contact information for
the president and all US senators,
representatives, state governors and
legislators;
http://www.usa.gov/Contact/Elected.shtml

As beings who express ourselves in
creating and/or enjoy others' expressions,
we MUST put a stop to this immediately, or
possibly lose all rights to our own works!

Thanks for standing up for your rights!

[matthew blais]

Signed.
Another utterly ridiculous governmental attempt to raise revenue.

[Ralph Barker]

Signed.

I don't think the government is trying to generate revenue, but rather the clients of the lobbyists promoting the bill.

[mrladewig]

Domenico,

This is the second time I've seen reference to this. I would like to send a letter to my representative/senator, but I've not seen a reference to a particular bill.

H. R. 5439 came up as one bill addressing Orphan Works, but I'm not certain that it was signed into law and it doesn't address 3rd party copyright registries. HR 6052 included the wording from HR 5439 (I think word for word). But it doesn't seem like this article references HR 6052 or HR 5439.

[cyrus]

The irony is that the big corporations like Disney (http://writ.news.findlaw.com/commentary/20020305_sprigman.html) have been pushing to strengthen copyright laws that favor them (extending copyright protection period to 95 years!) and now this law comes along that makes it easier to take and use unregistered coprighted works (and I bet you that DIsney has teams of lawyers who register their copyrights so it is the "little guy" who ends up getting screwed.)

Worse yet, this new law would have retroactive effect: it would apply to works that you created in the past.

I guess this really drives home the point: you MUST register your copyrighted works. Unregistered copyrighted works are not really protected. Or, at the very very least, make sure that your copyright statement appears on the photograph somewhere.

Still, not too late to file for copyright protections today.
And, the Orphan works law is supposed to have measures which requires a good faith search for the original creator, and reasonable attribution. How well these exceptions will work is yet to be determined.

[Blueberrydesk]

signed.

[paulr]

A less hysterical analysis of the situation from ASMP:
http://www.asmp.org/news/spec2008/orphan_update.php

[Nate Battles]

signed.

[Jorge Gasteazoro]

Signed with the following comment.

Laws should be created to protect the rights of ALL citizens, not just those who can afford it.

[cyrus]

Incidentally, this is happening at a time when you will soon be able to register your copyrights in the US over the internet, so no more need to send copies using mail & pay with checks -- thus making it easier to register your work and not worry about it becoming an orphan in the first place.

[domenico Foschi]

(I would encourage all the members of ths forum to send an email to your recipients.
This doesn't only affect artists.
Domenico

[claudiocambon]

Signed.

[Robert A. Zeichner]

signed

[r.e.]

My country has already addressed this, so it is none of my business, but here is something that might be worth reading: http://en.wikipedia.org/wiki/Orphan_works

If one does a search on this subject, what one might discover is that it has among other things plenty to do with the ability of filmmakers to make historical documentary films, which is in fact much more problematic, for copywrite reasons, than most people realize.

Anyway, there is a possibility that U.S. politicians have things on their minds at the moment that don't favour the passage of this anytime soon, even if it should be passed.

[Mike Boden]

signed

[rodney@theloughroad.com]

signed.

[cyrus]

"thus making it easier to register your work and not worry about it becoming an orphan in the first place."

If you really think doing this over the internet will make it easier then you can't know much about computers.

Dunno - I file my taxes over the internet...;)
ANyway you can always file the regular way.

[Paul Fitzgerald]

Not only is this stupid, it would be illegal but that has never stopped Congress. :eek:

"Worse yet, this new law would have retroactive effect: it would apply to works that you created in the past."

US Constitution:
"10. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility."

So I guess they take it that Congress can do these things.

[domenico Foschi]

Yesterday I was introduced by a friend to congressman Ed Royce,personal friend of him.
After a talk about food I felt I could get his opinion about this issue.

He told me, he knew very little about this and especially about Art, and asked me to fill him in and give him the Artist point of view.
After filling him in, he started to talk and I realized he knew much more than he previously stated and completely disagreed with the legislature and asked me to send him all the material I could so that he could build a strong case against this "proposal".
The man was a breath of fresh air.
I am working in building a package to send him and if any of you know of any other useful links, I would appreciate having them posted.

[Waldo]

I signed.

This bill just scares the crap out of me.

[David Spivak-Focus Magazine]

Signed. The US Congress has better things to worry about than taking money from artists in which they haven't done one thing to earn any of that money.

[Mark Mellen]

Not that this would be a good law by any stretch of the imagination. Nor would I encourage or support such garbage as this would seem to implicate.
As far as this destroying ones ability to sell or keep a good copyright protection on ones work is a bit of a stretch.
Any work I publish or sell is protected @ a cost of about $2.00 per image, through a private registery company. So the amount for this protection is only a minor consideration.
My take on this, anyone affording equipment such as we use and the expense of trips, processing and other expenses the price paid is a small insurance policy for that protection. If one is planing to show/sell there work any place that it can be stolen you have little protection now as is without it.
So the registry of work through a private company makes good sense to me, most especially when the Feds are not involved to screw it up.
I am sure if one digs deep enough they will see what the Lobbist are really after and I am pretty sure its not the small time Artists.
I see bigger fish to fry as who and what to battle, such as some National monuments and Parks in some instances requiring permits for any one to go and photograph with intent to sell. Some of the fee's run into hundreds of dollars, So given the battle ground I would think the later would be more of a urgent call. Since this law has passed a few years back...
Or at least the later gets my blood boiling every time it has happened to me and others I have heard about...

[Jim Jones]

To track these bills, http://www.govtrack.us/congress/bill.xpd?bill=h110-5889 and http://www.govtrack.us/congress/bill.xpd?bill=s110-2913

[Noeyedear]

Signed

[paulr]

Did anyone even read the ASMP page about this?

The current bill doesn't match the description in the O.P. of this thread. It's here: http://www.asmp.org/news/spec2008/HR5889draft.pdf

I think we should get our information from ASMP or other trade groups that understand the legislation and have been working with congress. From the ASMP site:

Our analysis

It has become clear is that some Orphan Works law is likely to be passed sooner or later. Key members of the House and Senate want it; significant user groups such as museums, academic institutions and publishers want it; and the general public wants it. ASMP understands the need for, and welcomes, a solution to the Orphan Works problem. Our objective has never been to defeat Orphan Works legislation as such. Rather, our goal is and has always been to make sure that any Orphan Works bill is fair to visual artists. In addition, it appears that the political environment this year is substantially more favorable to creators than it is likely to be over the next few years. These factors make it important for ASMP to help craft an Orphan Works bill that treats photographers and other visual artists fairly, and to support the passage of a fair and workable bill in this Congress.

Our proposal

We made substantial progress towards the goal of a fair and reasonable Orphan Works bill in the last Congress. However, there remained a few difficult but important areas of controversy when the bill was pulled. It appears likely that the starting point in this Congress will be something substantially similar to the last bill with, we are told, some improvements to help deal with the unique problems facing photographers and artists. In order to avoid unnecessary controversy, ASMP is proposing only a fairly small wording change from the last version of the bill that was introduced in the last Congress. We believe that this change will remove the threat to visual creators posed by profiteers seeking to use our works for commercial purposes while leaving intact the advancement of education and the country’s visual heritage, which are the primary goals of orphan works legislation.

In terms of drafting, we are proposing to limit the scope of the Orphan Works defense to:

Uses by individuals for non-revenue producing personal or community purposes, including uses on websites that do not generate revenues for the individuals using the Orphan Works;

Uses in works of non-fiction, such as books, articles or documentary films or videos;

Uses by non-profit educational institutions, libraries, museums or archives qualified for treatment under ¤501(c)(3) of the Internal Revenue Code as amended

in exhibits, including website displays, and
for uses that produce revenues and that are ancillary to exhibits.
In a nutshell, we see little financial harm to creators from the non-profit and non-fiction uses of orphaned images. At the same time, we want to make sure that commercial> users of images and illustrations would not be able to use an Orphan Works defense as a free pass to profit from infringements.

[Turner Reich]

Done, next thing they will try to do is get rid of private stills.:rolleyes:

If they want to make more money they should let the rest of the World, not the US, take over the Middle East, ie. Iraq, Afghanistan. But not having the balls to do so it's not going to happen.:eek:

The government in the US has become pickpockets to the public and are getting brasher as time goes on.:mad:

[neil poulsen]

I trust NOTHING that comes out of the Bush administration. Get ready for the old one-two. It's the step that follows that will be the killer.

What's wrong with using the USPTO as the registration body, or making changes to the USPTO that would be consistent with fair orphan works legislation? As soon as it becomes private, then small business owners like photographers will get screwed. It will be managed in a way that favors big business.

Contrary to a previously expressed opinion, I don't see that legislation favorable to individual photographers is more likely to occur this year. I think we'd be better off waiting until the next administration.

[Bob Gentile]

"... Did anyone even read the ASMP page about this...?"
I'm a little late to this party, but, having just read the ASMP article, I don't see what all the fuss is about.



"... I trust NOTHING that comes out of the Bush administration...."
As I understand it, this is coming out of Pelosi's House and Reid's Senate. But since I don't trust them any more than I trust Bush, I suppose that's a moot point.

[walter23]

This whole thing is very ridiculous. An art registry? What is this, the Soviet Union?

However: it provides some interesting options for defiant artists to take on the challenge of making unreproducible art. I mean, after this legislation passes (if it does), you'll have three choices:

1. <thick slavic accent> Seek Approval Certificate and Register "Art" with Central Registry Bureau.
2. Produce public domain art for the good of mankind and all that jazz
3. Become challenged to make things that simply cannot be reproduced. Like what? Like prints in a unique medium that can't be captured digitally, sculptures, live performances, anything that's defined by it's uniqueness and can't be duplicated with digital processes. I mean, if you're a platinum printer worth your salt it's not like those prints can be reproduced - and if they can, what the hell are you wasting your money and time on platinum salts for ;)

So you know, it's not the end of the world. Just maybe the end of stock photography (but stock photography is doomed anyway, with every Joe McDSLR trying to submit to stock agencies, and companies like Adobe integrating stock sites into products like Lightroom). Stock photography can only become less lucrative as more and more people take on DSLR hobbies.

[Saulius]

Thanks for posting this on the forum domenico. I signed the petition, will be contacting my local representative as I did when opposing the previous attempt at this Orphan Works. Spread the word people.

[CG]

signed and sent messages to other artists.

C

[John Kasaian]

Milk, eggs, bread and gasoline are at all time highs and Congress is futzing around with legislation on "orphaned art?"

I say vote the rascals and scalliwags out!

"It is frightening to contemplate how few politicians are lynched these days"
---Chesterton

[claudiocambon]

This came to me from the APA. The vote is tomorrow.

Here is a link to different formats of letters, some set, others customizable, that you can send to your representatives.

It's easy and fast, and I hope it has some impact.

Please, please consider sending a letter to your federal representatives through this channel if you think this legislation opens individual artists up to predatory practices by large private institutions who at the same time have taken great care to protect their own creative and intellectual property.

http://capwiz.com/illustratorspartnership/home/

[Ron McElroy]

I signed the original petition and used to above link to write my representatives.

Thanks for making me aware of this legislation.

[claudiocambon]

The markup on the bill is happening in the Senate tomorrow, Thursday. According to the APA, over 60,000 people have sent emails. Here is the link again for anyone who wants to send one. It's super easy:

http://capwiz.com/illustratorspartnership/home/

Cheers!

[domenico Foschi]

The markup on the bill is happening in the Senate tomorrow, Thursday. According to the APA, over 60,000 people have sent emails. Here is the link again for anyone who wants to send one. It's super easy:

http://capwiz.com/illustratorspartnership/home/

Cheers!

Yes, I am 20 of them. :)