So I've been hearing the buzz around this Orphan Acts bill for a while. I never really thought that it would come to light. It sounded too ridiculous. But alas, it seems like it is seriously going to pass. Oh great.
So for those of you who may not know what it is, here's the Anne Summary:
Essentially if I make a piece of artwork and don't go through and legally register every piece I do, it is pretty much up for grabs.
OR if I do register a piece and copyright it, all that good stuff, if whoever wants to use my piece can't seem to get into contact with me, well, they get to use my piece anyway.
Here's a way more comprehensive and intelligible summary that I got from
this blog:
" H.R. 5889, The Orphan Works Act of 2008, was introduced on April 24, 2008 by House Judiciary Committee Intellectual Property Subcommittee Chairman Berman of California, full Judiciary Committee Ranking Member Lamar Smith of Texas, and Intellectual Property Subcommittee Ranking Member Howard Coble of North Carolina. It limits the remedies in a civil action brought for infringement of copyright in an orphan work. It amends Chapter 5 of title 17, United States Code, (Copyright law) by adding "§ 514. Limitation on remedies in cases involving orphan works."
Section 514 is the new limitation on remedies which the Orphan Works Act will impose on any copyrighted work wherever the infringer can successfully claim an orphan works defense, whether legitimate or adjudicated by courts to be conclusive.
• The Orphan Works Act defines an "orphan work" as any copyrighted work whose author any infringer says he is unable to locate with what the infringer himself decides has been a "reasonably diligent search." In a radical departure from existing copyright law and business practice, the U.S. Copyright Office has proposed that Congress grant such infringers freedom to ignore the rights of the author and use the work for any purpose, including commercial usage. In the case of visual art, the word "author" means "artist."
• This proposal goes far beyond current concepts of fair use. As acknowledged by the Register of Copyrights it is not designed to deal with the special situations of non profit museums, libraries and archives. It is written so broadly that it will expose new works to infringement, even where the author is alive, in business, and licensing the work.
• The bill would substantially limit the copyright holder's ability to recover financially or protect the work, even if the work was registered with the U.S. Copyright Office prior to infringement.
• The bill has a disproportionate impact on visual artists because it is common for an artist's work to be published without credit lines or because credit lines can be removed by others for feckless or unscrupulous reasons. This is especially true of art published in the Internet Age."
For those of you who still like to read up on stuff like this, here are a couple of blogs that I think hit the nail on the head:
Of course, you'll notice all of them are opposing the bill. Sorry about that. As an artist I'm a bit biased.
Then lastly, please send a letter to your appropriate representatives. Even if you aren't an artist!!!! You know someone who is creative and this will help them. Bad at writing letters like I am? Never fear:
THANKS ALL!