Artists Unite!!! IN OUTRAGE!

[Kraehe Branwen]

"The U.S. Copyright Office issued its report on Orphan Works only a couple of weeks ago. The end of that report contained proposed language for an amendment to the Copyright Act. That proposal is now being fast-tracked in Washington with a good chance of passage before the end of this Session. In my opinion, if that language is enacted in its current form, it will be the worst thing that has happened to independent photographers and other independent visual artists since Work Made for Hire contracts.

The Orphaned work legislation GREATLY affects artists and creative professionals, and should be taken seriously. We sign to have our voice heard, and to show congress that we will NOT let this bill pass. "



Please sign this petition guys, it is really important that this doesn't pass. I can not stress this enough.


http://www.petitiononline.com/dAvsOW/petition.html


Just to clarify they are trying to make it so that if you take a photograph etc you have to pay to make it yours. You shouldn't have to pay to make something yours when it is already bloody your own. This will only aid big corporations so they don't have to pay artists ..it is really messed up.

Thats from another board. I've put my signature on the petition because this is complete and utter bull. This basically allows for anyone to steal your artwork and call it their own. I may not be looking into a career but if someone does make money off of my art then I would be pissed. I sweat and bleed for my artwork and I don't want someone else's name on it because they stole it through a loophole in some stupid bill some idiots didn't look at thoroughly.

[Turbogeek]

If you care that much about it, dont sign a useless stupid petition. Go to your phonebook, look up the number of your local representive and CALL them.

It may actually do something instead of INTERNET NERD OUTRAGE!!!!. Online petitons are useless as farting in a hurricane.

Edit : Very odd the usual places that talk about such matters are silent on this. Thence very good chance this is not legit. Is the link a Rick Roll or something? It dont work anyway

As it may, the point about petitions is always true. Dont waste you time, contact someone personally to let them know what you think.

[Dasquian Belargic]

This is the only recent article that I could find: http://mag.awn.com/index.php?ltype=pageone&article_no=3605 (April 10, 2008)

The article contains a link to http://www.sellyourtvconceptnow.com/orphan.html which has some advice on what you can do to express your anger in a potentially useful way.

[Turbogeek]

I'll wait until I see a non hysterical group who knows copyright law commenting on it and who knows the real details instead of OMG WORLD CAVING IN!!!! before I would get worked up.

If there is actual substance then follow the contacts link and ignore petitions.

[Dasquian Belargic]

I thought the interview (http://www.sellyourtvconceptnow.com/orphan.html) with Brad Holland presented the issue pretty coherently. Holland certainly wasn't hysterical and seemed to have a fairly comprehensive knowledge of the bill. It looks like there is extensive coverage on the Illustratro's Partnership (http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185) website, with articles from 2005-2008.

[Morgan Evanar]

Online petitions are for people who are too stupid to buy a $.41 c stamps and use a printer.

[Zem-El Vymes]

Everyone should know how to get good and somewhat chummy with their local reps.

[Park Kraken]

This has to be fake. If this is real, then I would imagine them repealing it in a hurry, due to the vast number of lawsuits and other trouble this would cause. Would someone say, not only be able to steal artwork, but also claim it as theirs if the original artist didn't claim it? I could only imagine the amount of outrage and other trouble that it could cause.

[Mu Satach]

I *highly* recommend reading the <a href="http://maradydd.livejournal.com/374886.html">this article</a> and the subsequent articles she links to.

The orphaned work legislation is something people have been working on for quite a while now and not something to fear. It is an issue that is being raised so that works of art can be preserved by those who care about them *if* the original copyright holder can NOT be found. Prior to Disney's battle to retain control of the mouse, works would pass into the public domain after a period of time. Works of art could then continue to be used and survive on for subsequent generations. That's no longer the case.

From <a href="http://maradydd.livejournal.com/374886.html">Radio Free Meredith</a>

"Orphaned works" are creations likely still under copyright -- photographs, illustrations, written works, music, &c. -- for which the original creator cannot be found, and thus their copyright status cannot be determined. Orphaned works present a thorny problem in today's litigious society, because when the question of "who owns X?" can't be answered, very few people are willing to do anything with X if they fear that they'll be sued for it.

...

Or what if you're cleaning out your great-aunt's attic, and you find a box full of pictures of your town as it was 100 years ago? The local history museum would love to add them to its collection -- but it can't, unless you, your great-aunt, or somebody can track down the original photographer and secure his or her permission (or the photographer's estate's permission, if the photographer's dead) to donate the photos. (Copyright in the United States lasts for life of the creator plus 75 (EDIT: 70, for works created today, older works are weird, see here for details; thanks for the correction, internets) years, so chances are, even 100-year-old photos are still under copyright. Thank Disney for that one, guys.).

Plus, <big><b>there's no bill before congress right now</b></big>.

There was one in 2006, it was never voted on. http://www.copyright.gov/orphan/

During 2005, the Copyright Office studied issues raised by “orphan works”— copyrighted works whose owners may be impossible to identify and locate. Concerns had been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts, or from making such works available to the public.

So how and why did this uproar start?

http://maradydd.livejournal.com/374886.html

Back on March 13, Marybeth Peters, the Register of Copyrights, made a statement before the House Subcommittee on Courts, the Internet, and Intellectual Property. It discusses orphaned works in detail, and mentions previously proposed legislation that expired when the 2006 House session closed. It was never voted on.

Which may have spawned this highly inflammatory article dated 4-10-08.
<a href="http://mag.awn.com/?ltype=pageone&article_no=3605">Mind Your Business: You Will Lose All The Rights to Your Own Art
Mark Simon is mad as hell and, in this month's "Mind Your Business," he tells you why you should be too.</a>

As you know, I usually handle the subjects in my articles with a sense of humor. That is not the case this month. I find nothing funny about the new Orphan Works legislation that is before Congress.

In fact, it PISSES ME OFF!

As an artist, you have to read this article or you could lose everything you've ever created!

An Orphaned Work is any creative work of art where the artist or copyright owner has released their copyright, whether on purpose, by passage of time, or by lack of proper registration. In the same way that an orphaned child loses the protection of his or her parents, your creative work can become an orphan for others to use without your permission.

If you don't like to read long articles, you will miss incredibly important information that will affect the rest of your career as an artist. You should at least skip to the end to find the link for a fantastic interview with the Illustrators' Partnership about how you are about to lose ownership of your own artwork.

Again, I *highly* recommend reading up on this issue. There is no need to panic, just do a little reading and research, make up your own mind about "orphaned works", make sure you know how to contact your own representatives, pay attention to what bills get introduced and if one comes up then inform your rep how you would like them to vote on such a bill and then if they don't, don't vote for them in the next round of elections.

[Banner Laverick]

If you post work on the internet, it's going off into the public domain anyway, isn't it?


Thanks Mu, for posting something that made this make more sense. Not that it matters to me, since I'm not american, but yeah.

[Cat X]

If you post work on the internet, it's going off into the public domain anyway, isn't it?
.



No it does not. This is one of the big fallacies of the Internet that copyright somehow disappears, which is totally untrue. In fact copyright law specifically states that even this post is copyright to me and me only. You have fair use rights to quote, but you do not have the right to claim it in any way. My pictures are copyright to me only and so is my artwork and what I write. Just because I choose to publish on the Internet absolutly in no way gives you licence to copy and / or to claim for your own.


I do not have to register my unique work and nor do I have to (c) Marcus 2008 after it to make it suddenly copyrightable. However doing both makes it 100% the case that I will defend my rights.

But not defending your rights does not mean either that they cease to exist. As long as you are alive you may select your time to defend or even relicence your work. Yes, you may choose to allow your work to be copied in a manner you see fit at a price or to limit copyright to a certain group.

Thence, this post is licenced under general copyright provisions of the Berne treaty and I give any member of SW-Fans rights to copy as they wish. I explicity forbid the RIAA, the FBI, any memeber of any government, Playboy or any adult industry rights to copy.

(c) Marcus 2008.

(What I did is in fact competely legal too. I can deny copyright to groups I dont wish to have it)