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  #1  
Old 06-30-2008, 03:34 PM
icreate icreate is offline
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VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

I am about to write and article about this and to do a podcast. I thought I would see how you feel on this board. I know I keep bringing up this political stuff but this is VERY IMPORTANT! I can not believe that our rights as artist are in jeopardy. Here is a video

If I can't get this link to work then go here Please pass this on.
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  #2  
Old 06-30-2008, 07:12 PM
icreate icreate is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

For anyone who would like to take action here is a link where you can send information to your senators and representatives.

Professional quilters has a section on their blog with links
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  #3  
Old 07-01-2008, 12:59 AM
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HappySculpting HappySculpting is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Hi Bridgette,

Thanks for posting this very informative video. If this bill passes then it will hinder a lot of us from posting artwork on forums like these for fear that someone will LEGALLY use our pics and ideas to their own profit.

Glad you posted the additional link which shows us how we can be vocal about this.

I'm posting these links on other forums and encourage others to pass the message.

If the bill passes, all pics(and sculpture concept) that you've posted on the net, are free game to take and use by someone else. Even if you had a copyright on them, you'll have to get them registered again.

~Tamara

Last edited by HappySculpting : 07-01-2008 at 01:43 AM.
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  #4  
Old 07-01-2008, 08:30 AM
icreate icreate is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Yes, thanks for replying. I have been researching this all day and can not believe that this is happening right under our noses. The question is how can it move so fast without artist knowing? We will be forced to register every piece of artwork, right down to sketches, otherwise it will considered orphaned and can be used by anyone. These will be private registries, who knows how much it will cost. I'm posting more information on my blog http://www.creativesculpture.com/blog and will post the article that I am writing as soon as I finish it and it is up. Meanwhile I'll add other links on my blog site so that each person can find out for themselves. here are two links that describe the bills.


For comprehensive bill descriptions that describe the impact on visual artists:
House Bill http://capwiz.com/illustratorspartne...illid=11320236

Senate Bill http://capwiz.com/illustratorspartne...illid=11322171


I'm also trying to set up some podcast interviews. I'll let you know.
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  #5  
Old 07-02-2008, 12:44 PM
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Thanks Bridgette for those other links.

From the list of ways to contact our representatives I chose this one:

From the Perspective of Artists & Their Merchandisers Here's the link:

http://capwiz.com/illustratorspartne...ertid=11325806

There is a section on the page where you can edit out the wording and put your own paragraph/s. So I wrote from the angle of how this bill will hurt how we learn on forums. We will be reluctant to show works in progress pics. We won't share as openly as we have been.

I hope that all of you will click on the link and write one little paragraph and then put your name and info in the spaces provided and click send. It will go to your local senator and congressmen. Also, if you can post a link to this on all the other forums that you're members of, that will be great.

~Tamara
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  #6  
Old 07-02-2008, 01:29 PM
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Here's the auto-responder I got from my senator:

Dear Steven:


Thank you for writing to express your views on “Orphan Works” legislation. I believe we need to establish and maintain a fair set of copyright protection laws that encourage artistic and technological innovation.

As you know, S. 2913, the Shawn Bentley Orphan Works Act of 2008 was recently introduced in the Senate and referred to the Senate Judiciary Committee. Although I am not a member of that Committee, I will be sure to take your thoughts and suggestions into consideration should S. 2913 come before the full Senate and as Congress addresses the issue of copyright protections in the future.

As you may also know, in March the House of Representatives Subcommittee on Courts, the Internet, and Intellectual Property of the Judiciary Committee held a hearing entitled, “Promoting the Use of Orphan Works: Balancing the Interests of Copyright Owners and Users.” You can read the testimony of the six witnesses at the hearing by clicking here.

Again, thank you for writing. I value your input on this important issue.

Sincerely,

Ken Salazar
United States Senator


And here's what I think about it..

Dear Ken, we already have copyright protection laws and that's why I think you jerks need to stop inventing new one's that permit wholesale theft of intellectual property. I also think that all government employees should "make a reasonable effort" to pay for their own damn gasoline. Then you'll be up there in Alaska or off the coast digging the wells yourself and shooting any stupid caribou or jelly-fish that get in the way.
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  #7  
Old 07-02-2008, 01:51 PM
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Hi Steve,

Can you post the link he gave for the 'six witnesses'? I want to see what they have to say....

Glad you wrote a snippet for him to take to Congress! Hopefully, he'll say it word for word. Not!

~Tamara

Last edited by HappySculpting : 07-02-2008 at 04:53 PM.
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  #8  
Old 07-02-2008, 02:03 PM
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Hi Tamara,

The link never did work, even in the original auto-responder message I recieved, but here's a piece from a thread at CG society that pretty much sums up the way I think of all this:

Quote:
As a constituent and a visual artist I am writing to express my grave misgivings about The Orphan Works bills before the House (H.R. 5889) and the Senate (S.2913). I strongly oppose these bills.

I would like to make it clear that I am not opposed to usage of orphan works by the cultural heritage sector for noncommercial purposes, or use by museums and libraries for preservation and education. But this legislation makes no limitations for these purposes, and will dangerously expose my art to infringements while stripping me of any practical means to protect my work. The bills have been written so broadly it will endanger the rights of anyone who creates intellectual property.Although the Senate and House bills differ slightly, the effect of either would be devastating to freelance artists and photographers, as well as to the licensing and other collateral small businesses that serve, and are dependent on, creators.

My chief objection to this legislation is that it will be a gold mine for opportunists. It will allow bad actors to infringe the work of any visual artist, even those who are alive, easily locatable to their clients and actively licensing their copyrights.

It will force anyone who creates a visual work, personal or professional, published or unpublished, to register it with money-making commercial registries. Because users will come to rely on these registries as one-stop shopping centers to conduct a “reasonably diligent search” for the rights holders, any pictures they don’t find in the registries will be low hanging fruit for theft.

Within two weeks of the issuance of the Orphan Works Report in 2006, nearly all the domain names associated with orphan works were registered by commercial interests in preparation for the profit-taking that will result if this legislation is passed. Commercial archives will be able to harvest these newly-created “orphans,” alter them slightly to make them “derivative works” and register them as their own copyrighted property. Freelancers would then be forced to compete against their own lost art – and that of their colleagues - for the new commissions they need to make a living.

These proposals would have a disproportionate impact on visual artists because paintings, drawings and photographs are often published without contact information, credit lines can be removed by others and the pictures themselves separated from the publications in which they appeared.

Moreover, the average visual artist produces infinitely more individual works than even the most prolific author or songwriter. The cost to the artist in time and money of registering and maintaining thousands or tens of thousands of registrations will inevitably result in countless managed copyrighted works falling through the cracks and into the royalty-free market. Yet the Copyright Office has stated explicitly that failure of the artist to meet this nightmarish bureaucratic burden would signal to infringers that these works had been orphaned and were subject to legal infringement.

The Orphan Works Acts go far beyond current concepts of fair use. They are not designed to deal with the special situations of non profit museums, libraries and archives. Instead they would have the effect of forcing freelance creators to risk their own bodies of work to subsidize the start-up businesses of untested search technologies and untried business models – models which would inevitably favor the aggregation of images into corporate databases over the licensing of copyrights by the lone artists who actually create the art.

This would strike a blow at the heart of art itself, and it represents a radical departure from existing business models and copyright law. It is one reason – if hardly the only one - why international copyright law, specifically Article 5 (2) of the Berne Convention, prohibits the requirement of “any formality” as a pre-condition to the enjoyment of full copyright .

I ask you to consider the harm this bill can do to visual artists and vote against it unless it is amended to precisely define an orphan work as a copyright no longer managed by a rightsholder.

Thank you for the opportunity to comment on the proposed Orphan Works legislation.
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This thread can be found here:

http://forums.cgsociety.org/showthre...8&page=1&pp=15
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  #9  
Old 07-07-2008, 10:01 AM
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GlennT GlennT is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

I just got a response from my Senator Norm Coleman ( R-Minn ) who said that he would not support a bill that weakens the ability of an artist to protect the copyright of their own work, thus he will not support this bill if it goes to the senate.
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  #10  
Old 07-20-2008, 09:26 AM
icreate icreate is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Thanks for all of your comments on this and for getting involved. I finished my article for Best of Artists and it is up. In it i included links to quite a few resources. I hope this helps anyone who wants to learn more. Don't take our word for it. This is real check it out.
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  #11  
Old 08-04-2008, 04:32 PM
icreate icreate is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Here is the recent e mail from my senator.

Dear Ms. Mongeon:

Thank you for contacting me regarding the Shawn Bentley Orphan Works Act of 2008 (S. 2913). I appreciate having the benefit of your comments on this matter.

As you know, S. 2913 was introduced in the Senate on April 24, 2008. This legislation provides a limitation on judicial remedies in copyright infringement cases involving “orphan works”—copyrighted works whose owners may be impossible to identify and locate. I strongly believe that we must protect the intellectual property rights of the authors, journalists, and artists who, through their creative pursuits, benefit all Americans. I also understand that the issue of “orphan works” presents a real problem to both content creators and to content users. Potential users of "orphan works"—such as the libraries and museums who work to preserve historical journals, records, and films—shy away from materials for fear of being sued should an owner emerge.

While potential users suffer as "orphan works" fade into disuse, the creators also lose. Not only do creators receive no monetary compensation for "orphan works" that are never used, but they also lose the benefit of having their work viewed and appreciated. For example, a vast treasure trove of documentary and artistic films from the early days of cinema are now disintegrating in their boxes because the film preservationists and historians who would restore them are afraid of copyright liability.

On May 15, 2008, an amended version of S. 2913 was passed by the Senate Judiciary Committee and awaits further consideration by the full Senate. This legislation is intended to help fix the "orphan works" problem while taking into account concerns expressed by content creators. You may be interested to learn that S. 2913 has been endorsed by the Recording Industry Association of America, as well as independent librarians, historians, and preservationists.

I appreciate the opportunity to represent Texans in the United States Senate, and you may be certain I will keep your thoughts in mind as S. 2913 and other relevant legislation is considered. Thank you for taking the time to contact me.

Sincerely,

JOHN CORNYN
United States Senator


What do you all think? Why does the comment..."you may be interested to learn that " Make me feel like I am a little girl being offered a piece of candy from a stranger?

I have to think of a good reply.
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Blog
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Digital Sculpting
http://www.digitalsculpting.net You can also find a lot of information about this on my creativesculpture blog


"A man is what he thinks about all day long"
Ralph Waldo Emerson
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  #12  
Old 08-04-2008, 06:30 PM
CroftonGraphics CroftonGraphics is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

This orphan works thing is actually something that is really going on? To me it DOES look legit. I just want to make sure its not just internet paranoia ie prison planet tpye garbage and all that rubbish before I start sending to people and perhaps my MP.

I wonder how this applies to GLOBAL copywrite ie international copywrite laws. I am not in the USA and others here are not. Here copywrite again is loosely automatic and we dont need to register our works. However I did once register a short film in the USA for extra measure.
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  #13  
Old 08-04-2008, 06:36 PM
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StevenW StevenW is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

Quote:
Originally Posted by icreate View Post
Here is the recent e mail from my senator.

For example, a vast treasure trove of documentary and artistic films from the early days of cinema are now disintegrating in their boxes because the film preservationists and historians who would restore them are afraid of copyright liability.

Or maybe just because no one cares about them..

This legislation is intended to help fix the "orphan works" problem..

What was the problem again? The liberal AP content pushers can't steal from people and then charge others to use the stolen content?

You may be interested to learn that S. 2913 has been endorsed by the Recording Industry Association of America, (who can't protect their copyrights from a zillion file sharing kids anyway and are just doing everything they can to keep their name out) as well as independent librarians, (who have nothing to win or lose) historians, (ditto) and preservationists (and ditto)

Blah, blah..
JOHN CORNYN
United States Senator


What do you all think? Why does the comment..."you may be interested to learn that " Make me feel like I am a little girl being offered a piece of candy from a stranger?
There's a couple of ways to think about this in my mind. Current copyright protects you for 20 years before becoming public domain anyway, so unless the historians are indeed very young they have nothing to be worried about.

Ironically, for musicians and in particular Rap, the sound bites re-used from once famous songs only made those songs sell more anyway, long after their shelf-life had expired. It's win-win for them and it pays for them to have their name in the forefront to begin with.

The notion that an idea is more important than the actual work is at play here. You're original work may be worth x amount of money, say 10k, but the resale of that work/idea may be worth hundreds of thousands or millions in the hands of the right marketeers/plunderers.. Unlike a musician though, you can't resell your original sculpture 100 thousand times by having a single copy on Itunes awaiting download over and over again at 1 dollar a pop.

Basically, the only people who are helped by this are the content pushers who can't be bothered by hiring artists or coming up with original ideas of their own, they need a creative pool on which to feed freely upon and a legal loophole to protect them. The AP boasts 10 million images in their content database (The Associated Press run by the fanatic, Rupert Murdoch).
I wonder what percent of those images hold copyrights and what percent of their rightful owners know they are being sold? The bill would essentially make you responsible for spotting your own stolen work and then, even if you spotted it on the information superhighway (imagine looking for one license-plate number on any one of the millions of cars in the U.S. at any given time) not being able to say "hey wait a minute, gimme back my car"!

"May be interested to learn".?. Kiss my lilly-white ass.
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  #14  
Old 08-04-2008, 07:52 PM
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GlennT GlennT is offline
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Re: VERY IMPORTANT! Orphan works bill? Has anyone heard of this?

I'll pick up on a couple points that StevenW missed:

Quote:
Originally Posted by icreate View Post
I also understand that the issue of “orphan works” presents a real problem to both content creators and to content users. Potential users of "orphan works"—such as the libraries and museums who work to preserve historical journals, records, and films—shy away from materials for fear of being sued should an owner emerge.

This is typical senatorial sham doublespeak. They change the focus of what the bill is really about and put out a paper tiger to confuse the issue. Seriously, is this all happening because billion-dollar library and museum restoration lobbyists are stepping up the pressure so they can restore old works without fear of lawsuits?

While potential users suffer as "orphan works" fade into disuse, the creators also lose. Not only do creators receive no monetary compensation for "orphan works" that are never used, but they also lose the benefit of having their work viewed and appreciated.

Paper Tiger # 2: " the creators also lose". How many creators have been pushing to have this bill enacted? If he had spoken truthfully, he would have said that the creators " also lose the benefit of having their work hijacked and pirated by others who have no intention of compensating them"



Sincerely,

JOHN CORNYN
United States Senator



I have to think of a good reply.
How about, " You may be interested to learn that the face you see in the mirror does not belong to you. I claimed it as part of my Zoo series, and is now known as " Dumbass Liar # 14". I Have duly registered it under the establishment fabricated by your new law, so if you want to continue using that face it will cost you a daily royalty fee of...."
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