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

  • #21
I just got this letter from Rep. Bonner Stiller

Thank you for your e-mail regarding SB 954. On the Senate vote, all the
R's voted no and all the D's voted yes.

I'm not sure if we will see this during the short session, but if so, I
will listen to the debate carefully.

Thank you again for your e-mail.
Bonner Stiller
 
  • #22
This is what hotlining is:

"Senate conservatives are upset that the leaders of both parties in the chamber have in recent years increasingly used a practice known as “hotlining” bills — previously used to quickly move noncontroversial bills or simple procedural motions — to pass complex and often costly legislation, in some cases with little or no public debate.

The increase was particularly noticeable just before the August recess, when leaders hotlined more than 150 bills, totaling millions of dollars in new spending, in a period of less than a week.

The practice has led to complaints from Members and watchdog groups alike that lawmakers are essentially signing off on legislation neither they nor their staff have ever read, often resulting in millions of dollars in new spending.

In order for a bill to be hotlined, the Senate Majority Leader and Minority Leader must agree to pass it by unanimous consent, without a roll-call vote. The two leaders then inform Members of this agreement using special hotlines installed in each office and give Members a specified amount of time to object — in some cases as little as 15 minutes. If no objection is registered, the bill is passed."

My wife and many other illustrators and artists were in Washington DC this week meeting with their Senators and representatives. She was sooo so totally frustrated. The folks at Lieberman's and Dodd's offices seemed genuinely concerned, but said there there was nothing they could do about it - they didn't want to bet the ones to stand against it.

She and several other folks also met with the advisors for Patrick Leahy and for Orrin Hatch yesterday. My wife said "it's a whole other world down there..." and it seems like an impossible battle.

This thing now needs to be stopped.

Big business (can we say...Go0g#e.... and Micr2s*ft....) that stand to make a ton of money off the backs of artists are behind this thing - that's one reason why they intend to hotline it with NO open debate or discussions.
 
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  • #24
I have just read and signed the online petition:

"Stop Anti-Free Speech, Anti-Artist, Anti-Journalist Legislation in
Congress" hosted on the web by PetitionOnline.com, the free online petition
service, at:

http://www.PetitionOnline.com/Stop2913/

I personally agree with what this petition says, and I think you might
agree, too. If you can spare a moment, please take a look, and consider
signing yourself.
 
  • #25
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.
 
  • #26
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. It¹s 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.
 
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  • #27
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/illustratorspartnership/issues/alert/?alertid=11980321

Geez.... I was just about to go to bed - the NECPS Show is tomorrow...
 
  • #28
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.
 
  • #29
is it okay if I use your first * as an arguing point?
 
  • #30
Can a mod please delete this post? I realized it is not relevnt.
 
  • #31
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/story/web-firms-quietly-win-copyright/story.aspx?guid={E21206C0-98F5-459B-9506-8133CBD82859}#comments
 
  • #32
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.
 
  • #33
While every one was watching the debates last night, the house slyly pulled this bill out of the Judiciary committee. Found this out around 10pm last night when the fax and phone lines were off. The House of Representatives IS planning on passing this today.

If it passes, any images that you have up now or have ever been put on the internet (believe me, it's ALL been archived - try the internet wayback machine) would be fair game for anyone to use for their own purposes with little you could do to stop it. If you found out, you would still be screwed.

For example, I could pull any images from the TF, Myspace, or Facebook and use them for T-Shirts, a book, a billboard ad, even something like a porn ad or printed toilet paper. I could take the pictures of Nepfreak and Nepenthusiast from the NECPS Show thread and make a pro or anti abortion or gun control ad. I could make gillions and not give you a dime. I could minimally change your image and copyright is as my own. All I would have to say is, "I tried to find the image owner, but couldn't..." I win you lose. No lawyer would take your case.

SO...... IF YOU CARE ABOUT THIS ISSUE AT ALL.... NOW IS THE TIME TO CALL your representative and OPPOSE HR 5889.

Here is the Toll Free Washington DC Switchboard Number (just ask for your rep, they'll put you through) 1-800-828-0498. They may say "It's not on the schedule for today" However, they'll schedule it at a moment's notice, and slam it through under 'not normal' operating rules. That's why it's important for your voice to be heard.

Thanks for Your Support.
 
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