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Art theft might be legalized in the US
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This new law being proposed through the US Congress will affect everyone who creates artwork. If passed, bill (number S.2913) will be known as "Shawn Bentley Orphan Works Act", and it deals with copyrighted artwork whose creator "could not be found".
In a nutshell, under this new law, anything created by anybody (dead or alive) can be used without legal penalties by thieves for as long as they prove that they made a "diligent effort" to find the copyright owner. LOL
The only protection left to content creators (artists) is to register each and every one of your artwork with the US Copyright Office. As an example, my little dA gallery has about 452 pieces posted since 2005, and if registering each of them would cost let's say $2, I would be paying like $904 dollars just to avoid being ripped off clean by art thieves. Needless to say that people with larger galleries may not be able to afford protecting all of their artwork under this new law. Just for the record, registering your artwork is optional, but without it you are fully exposed to "legalized" art theft exploitation.
Just as a side note, I am a small fry artist with a small gallery, but I already started 2008 in early January with a massive art theft from a Canadian website where pictures stolen from my gallery were being resized, contents edited/removed/added, terribly recompressed and reposted without my knowledge. It took me weeks to get it removed because the webmaster spoke only French and I needed a translator.
The example above was just about an innocent girl who thought I wouldn't mind having my artwork modified and reposted elsewhere without permission. Now think of other people with real bad intentions stealing artwork and being protected by the US law. Under the new bill, copyright infringers (including corporations) would be excused from significant damages if they could prove that they "made a diligent effort" to locate the copyright owner.
Am I the only one thinking this will just "protect" art thieves and penalize us artists by making us pay to be protected and making it difficult to persecute those who steal from us?
Learn more about this bill at
[link] where you can read the actual bill.
Devious Comments
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If you've seen any of my journals lately, I've had problems with my deviations being reported for "copyright violations" which I think shouldn't be considered that.
Though my problems are for things that are widely known through the world (video game fanart) and not like taking someone else's artwork and majorly mutilating it like your example.
Basically, I think that the VG companies don't really give a crap about fanart like my stuff, but if this law were passed, it probably wouldn't really matter to my situation...
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This is old.
And fake.
The Orphaned Works act DOES NOT STRIP YOUR OF YOUR AUTOMATIC COPYRIGHT! Don't listen to what that Simon fellow said because he was making a mountain out of a molehill, and most of what he was saying was a complete fabrication.
Basically, this is how the Orphaned Works act works. Say you hired a photographer for your wedding. You get the lovely photos and you live happily ever after. But after quite a few years, the photos are looking a bit worse for wear, so you take them to get digitally restored.
Now, in order to get a photo digitally restored, you need the permission from the original photographer. PERIOD. You could actually be in trouble if you do such a thing without their permission. But the photo was taken so many years ago that the photography company where the photographer came from doesn't even exist anymore. No matter how hard you try you just can't track him down.
This is where the Orphaned Works act comes in. Basically, if the original creator can't be tracked down AT ALL, it is considered an Orphaned Work, and is thus open to public usage. A bit like how if the original company who made a videogame no longer exists, the videogame is considered Abandonware. So really, there is no need to worry, and art theft is DEFINATELY NOT being legalised AT ALL! It's just one big scare over nothing (trust me, I fell victim to the scare).
And before you start worrying about "anyone" being able to claim a work as orphaned, the people who want to use the piece has to give conclusive evidence that they tried to track down the original artist in every way possible. This poses no threat to online gallery users such as DeviantArt users because you're easy to track down (as long as you make sure to include your username/real name on all peices of artwork).
So really Ken, there's nothing to worry about. In fact, i'm suprised you hadn't heard all of this already.
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Well, I'm not American, nor live in the country... but man, it looks quite paranoid, or something like that.
Don't know how we artists can face it. I could suggest just to ignore it, but these goddamn politicians really like to make new problems when we already have enough.
Fear... Fear...
But the rest I stick to. As far as I know there is really no need to worry about the orphaned works act. Like I said, they have to prove that they did everything they could to track you down before labelling your work as orphaned.
Say it happens to you. Considering your images are all on an open gallery that everyone can view, timestamped and with your username on them, if you find one of them labelled as orphaned than you can definitely prove that they didn't do everything they could to track you down.
So no, as far as I know you DON'T have to fork over money to protect your works. As long as you can be tracked down (watermarking or signatures help), then you have nothing to worry about.
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I'm sorry though for your art being stolen.
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