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Thread: Orphan Works Legislation - Please act now to help protect visual artists

  1. #25
    Doing it wrong until I do it right. xvart's Avatar
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    Here's what I got from US Rep. Dennis Moore (Kansas):

    Dear James:

    Thank you for sharing your concerns regarding H.R. 5889, the Orphan Works Act of 2008. I appreciate knowing your thoughts on this important issue.

    In January 2006, the U.S. Copyright Office issued their Report on Orphan Works. Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate. The goal of the report was to elicit public comment and evaluate the extent of real or perceived problems that content users encounter in their efforts to use these works. Orphan works are perceived to be inaccessible because of the risk of infringement liability that a user might incur if and when a copyright owner subsequently appears. Consequently, many works that are, in fact, abandoned by owners are withheld from public view and circulation because of uncertainty about the owner and the risk of liability.

    In response to the report's findings and conclusions, legislation was introduced to address the problem. Rep. Howard Berman [D-CA] introduced the Orphan Works Act on April 24, 2008. The bill would limit the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; (2) a "Notice of Use" was filed with the Register of Copyrights before the work was used; and (3) the infringing use of the work provided attribution to the author and owner of the copyright, if known. H.R. 5889 would also permit an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

    The bill would additionally direct the Register of Copyrights to: (1) undertake a certification process for the establishment of an electronic database to facilitate the search for pictorial, graphic, and sculptural works that are subject to copyright protection; and (2) study and report to Congress on remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief. H.R. 5889 would direct the Comptroller General to study and report to Congress on the function of the deposit requirement in the copyright registration system.

    The Orphan Works Act was considered by the House Judiciary Subcommittee on Courts, the Internet, and Intellectual Property on May 7, 2008. After approving a manager's amendment, the bill was approved by voice vote. The manager's amendment would require a court, before granting injunctive relief, to consider a user's interest in the copyrighted work. It also includes a "best practices" provision for the Copyright Office to create guidance on what constitutes a "qualified search" for such a work.

    H.R. 5889 now awaits consideration by the full House Judiciary Committee. Please rest assured I will keep your views in mind if the full House considers H.R. 5889 or similar legislation in the 110th Congress. Thank you again for contacting me. I hope you will continue to keep in touch and please feel free to let me know whenever I may be of assistance.

    Very truly yours,
    DENNIS MOORE
    Member of Congress
    xvart.
    "The tragedy of life is not that every man loses; but that he almost wins."

    "Quis custodiet ipsos custodes?"

  2. #26

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    Any artists around Nashville??


    FROM THE ILLUSTRATORS PARTNERSHIP

    Nashville Town Hall Meeting to Discuss controversial Orphan Works
    legislation.

    Saturday June 21 2:00 PM
    At Sunset Grill
    2001 Belcourt Ave
    Nashville, TN 37212
    (615) 386-3663
    Admission Free/Open to Public

    Congressman Jim Cooper and Congressman John Hall will hold a "Town Hall
    Meeting" with Nashville's entertainment community this Saturday to discuss
    music-industry issues such as the controversial "Orphan Works" bill. The
    event is free and open to the public.

    We hope all artists, cartoonists, photographers, art educators and others in
    the Nashville area will attend to express their opposition to this radical
    change to copyright law. Itıs important to let lawmakers know that this bill
    will affect all forms of art, damage small businesses and open the door to
    cultural theft on an unprecedented scale. Please contact others in the
    Nashville area. Urge them to attend and urge them all to speak out.

    Congressman Cooper represents the district that contains most of Nashville's
    music business. He is a 2006 graduate of the Leadership Music program.

    Congressman Hall is the only professional musician in Congress. Formerly a
    Nashville resident, he is a first-term congressman representing District 19
    in upstate New York. Hall founded Orleans and Co-wrote its classics "Still
    the One" and "Dance with Me." His songwriting hits in Music City included
    "Juliet" (The Oak Ridge Boys), "You Can Dream of Me" (Steve Wariner),
    "Reach" (New Grass Revival), and "New Star Shining" (Ricky Skaggs). His
    songs have also been recorded by Bonnie Raitt, Chet Atkins, Linda Ronstadt,
    James Taylor and Janis Joplin, among others.
    Last edited by WildBill; 06-17-2008 at 11:32 AM. Reason: typo

  3. #27

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    Bad News Folks...

    The US Senate just secretly PASSED this horrendous bill via "Hotlining." There was no debate, no discussion, nothing, no 'official' voting in person.

    If you care anything at all about copyright, or preventing anyone and everyone from ripping off your artwork, music, or photos and using it freely for their own endeavors - it's very important to now contact your Representative in the House to oppose this thing.

    http://capwiz.com/illustratorspartne...ertid=11980321

    Geez.... I was just about to go to bed - the NECPS Show is tomorrow...

  4. #28
    swords's Avatar
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    As usual the only ones who'll get screwed are the small time artists. Disney, Marvel and the others will still have all the cash, clout and lawmakers on their side to protect their copyrights and intellectual properties, and likely, covertly swipe anything the little guys might come up with if it fits their marketing scheme.

  5. #29
    Nepenthesian Nepfreak's Avatar
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    is it okay if I use your first * as an arguing point?
    Insanity is a sane response to an insane world.

  6. #30
    Whats it to ya? Finch's Avatar
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    Can a mod please delete this post? I realized it is not relevnt.
    that makes no logic

  7. #31

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    SAN FRANCISCO (MarketWatch) -- As the media turned its attention last weekend to battles on Capitol Hill over the fate of the proposed Wall Street bailout bill, Internet companies including Google Inc. and Microsoft Corp. quietly walked away with a legislative victory that could facilitate their use of copyrighted material.

    A Google spokesman did not respond to a request for comment. A Microsoft spokesman was unable to comment.

    The Senate on Friday passed the Orphan Works Act of 2008, legislation that weakens copyright protection for works whose owners cannot be located. The legislation has now been referred to the House Judiciary Committee.

    The legislation requires only that a company make a "reasonably diligent" search to locate a copyright owner before using their work in media including the Internet, and limits compensation required for the use of an infringed work.

    In comments sent to the U.S. Copyright Office in 2005, as legislation was brewing, Google General Counsel David Drummond wrote that orphaned works often "exist in a sort of purgatory," and "represent an untapped wealth of information that can and should be made accessible to the public."

    Drummond wrote that greater clarity on the status of orphaned works could provide comfort to companies such as Google, "that they can publish a work without fear of liability."

    Critics of the Orphan Works legislation, however, argue that it is too vague, and threatens to unnecessarily weaken the rights of copyright holders.

    In an editorial written for the New York Times in May, Stanford University law professor Lawrence Lessig dismissed the legislation as "both unfair and unwise."

    In a statement issued Monday, the National Press Photographers dismissed the Orphan Works Act as "a piece of special interest legislation," and called on its members to voice opposition to it "as quickly, and loudly, as possible."

    In its own statement issued earlier, the Association of American Editorial Cartoonists said the legislation "threatens the livelihoods of everyone who relies on copyright for a living."


    Some of the Comments from the site:

    Post Script/ Good story but headline should have read:
    Artists and Creative Professionals Screwed by Congress as they tinker with good legislation and turn it into bad legislation, (just in time for caviar and martinis with Google's chief legal counsel at a bistro on K street)
    __

    "reasonably diligent" search...

    Looking out the window for 5 minutes? Nah... not diligent enough.

    Walking around the block and asking people at the local cafe if they've seen or heard of the author? Not quite. Maybe the author lives/works/eats more than three blocks away.

    Putting up a website and requiring the author to search it to find their own orphaned work... Then fighting the resulting claim in court that it's too costly to actually search for people. Probably.


    http://www.marketwatch.com/news/stor...2859}#comments

  8. #32
    Lover of Mountains nightsky's Avatar
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    Crap. Not good. I wrote my reps about this, and only got an automated response back from them.

    Guess we are nothing against the lobbying power of M$ and Google. Their world domination marches on.

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