Orphaned Works Bill Must Not Become LAW! **Please Read**
The US government as well as other countries in Europe are trying to pass legislation that requires all artists of any kind (artists, designers, musicians, writers, filmmakers), to register their creations with private registries for a fee. If creations are not registered, they become Orphaned Works which means that they have no copyrighted protection and become public domain- meaning that anyone can sell and/or distribute your artwork(s) without your permission, for their own personal profit!
As artists, we need to be heard in order to protect our incomes, our creations and our careers. That means signing the petition: Say NO! to the Orphan Works Act, then back it up by writing letters to our congressmen and representatives. This means voicing your opinion about how we need copyright protection, as we've had since 1976, which protects everything we create from the moment we create it. This is the case around the world.
Who stands to make the bucks of your work? Some major art and photography associations, or I should say, the managers of the associations, support this bill. The reason they support it is that they will operate some of the registries and stand to make a lot of money. Some have already been given millions of dollars by the Library of Congress. Follow the money and you will see why some groups support this bill of legalized theft of everything you have ever created.
Two proponents of this new legislation are Corbis and Getty Images. They are large stock photo and stock art companies. They sell art and photos inexpensively and are trying to build giant royalty-free databases. Do you see how they could benefit from considering most works of art in the world orphans?
Do you know who owns Corbis? Bill Gates. He doesn't do anything unless it can make a huge amount of money. Helping you lose the copyright to your art is big business for Gates.
You can read more about it here:
Animation World Magazine: Mind your business: You Will Lose All The Rights to Your Own Art:
April 10, 2008 By Mark Simon:
[link] Below is a link to sign a petition against this act: Say NO! to the Orphan Works Act:
Go Petition- Changing the world:
[link] Below is a link with the contact information for the President and all US Senators, Representatives, State Governors and Legislators:
USA.gov- Government Made Easy:
[link] For additional information on Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists.
[link] Please make a stand, get your voice heard and protect your rights, your work and the works of others. Take the time to visit the links above then forward this to everyone and anyone you know!
Parts of this article were printed with permission from Animation World Magazine: Article: Mind Your Business: You Will Lose All The Rights to Your Own Art! By Mark Simon: Thank you PhantomsRose
[link] for spreading the word!
Ora Moon
DeviantART:
[link] My Website:
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Devious Comments
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Only the sea, after all, is eternal.
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If you do not register your work for a fee with the copyright office, and/or maintain or make available to the public, including the internet, information documenting your ownership/copyrights, etc. you consequently are failing to supply “reasonable proof of ownership” for your own work.
Any work that is found available in this manner, which does not retain a copyright, name, watermark, registration, etc. is fair game for ownership by somebody else.
This is and is not a “fair use” issue!
Harvesting orphan work that is unclaimed/un-copyrighted and/or unregistered etc. makes you its legal or beneficial owner of, or any party with authority to grant or license, having the exclusive right to the work. (Under section 106).
What this all means is that if I chose to, for example, take/harvest a photo I found on the web that I am able to clearly prove in a “reasonably diligent search” under the guidelines of this bills law, as not being copyrighted, registered, etc. to anybody, I can say that I now own this work.
Now I can sell it for profit under this Orphaned Works Bill. If the owner of the said photo finds it for sale by me, and wants me to make monetary restitution for its use, under this law, as the infringer I will have to make restitution by paying a “reasonable compensation” which is negotiated in “good faith”, for the use of the infringed work, as I can prove I made the “reasonably diligent search”. There are equal sided exceptions to this section of the bill.
The problem is obvious; there are hundreds of thousands of orphaned photos for example out there.
We use them “fair use” as open source/ open stock!
The real question is, do you want to eventually see all unclaimed “orphaned” photos to be harvested in mass and either sold back to you or have limited “fair use” availability?
As the new owner of said photo I can but my claim/copyright on it and do just that.
Remember “fair use” does not substitute for obtaining permission from me for this photos use (Doctrine of “fair use”; codified in section 107 of the copyright law), and now I just might charge you for my permissible use of said photo! I have my copyright/watermark on the photo, and am now operating a 6 million dollar image stock photo bank, everything is registered by me and all of these wonderful previously free images can be yours too, but for the small price of ?
Perhaps I will allow public access to this mass storage bank, in “good faith”, for non-profit, the normal public “fair use” and charge commercially only, raking in a huge profit on prints of this photo.
So why do I care? I happen to like to share free stuff, which includes my example photo. I would not be happy if that photo became somebody else’s property and now I may have to pay for the right to use it.
Ora
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Or A Faery Moon Art Web Site: [link]
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