Ya, ya, I know. Gee another "Orphaned Works" copyright whine post. WRONG.

I've read enough journals with "Theft Being Legalized" "Gov't Being Evil" yadda, yadda, etc.

So I've this to say. And I think people should READ IT:

ART THEFT IS NOT BEING LEGALIZED

READ THIS: [link]

A FEW THINGS YOU SHOULD SEE IN CASE YOU DON'T READ THE ARTICLE:

Instead, we recommended a framework whereby a legitimate orphan works owner who resurfaces may bring an action for “reasonable compensation” against a qualifying user. A user does not qualify for the benefits of orphan works legislation unless he first conducts a good faith, reasonably diligent (but unsuccessful) search for the copyright owner.

That said, we stress that statutory damages would not be off the table perpetually. If an owner were to emerge, his legal ownership of the copyright in his work is unchanged. Full remedies, including full statutory damages, would be available against new users and, indeed, against the original user making a new, subsequent use.

WORD FOR WORD FROM:

Statement of Marybeth Peters
The Register of Copyrights
before the
Subcommittee on Courts,
the Internet, and Intellectual Property,
Committee on the Judiciary

United States House of Representatives
110th Congress, 2nd Session

March 13, 2008
The “Orphan Works” Problem and Proposed Legislation

Keep in mind I am NOT agreeing with the bill, but people really need to stop screaming and actually do research.

In essence, all it says is that if someone wants to use a copyrighted piece of work and they can't find the original artist (and they DO HAVE TO TRY) they can use the work. Should said artist decide to show back up, the copyright is STILL in their name and they are entitled to compensation.