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New Update Orphan Works Act
Monday, May 12, 2008, 04:16 PM CST [General]
FROM THE ILLUSTRATORS’ PARTNERSHIP
Some backers of the controversial Orphan Works bill say
they’re launching a campaign to “Rescue Orphan Works.”
From whom?
We’re not the ones interested in infringing other people’s
copyrights.
We’re only interested in protecting our own.
If the “Rescue Orphan Works” folks really want to use only
true orphaned work, they’d join us in asking that this bill be drafted
accordingly.
From our written statement submitted to the Senate April
30, 2008 http://www.illustratorspartnership.org/ow_docs
We believe the orphan works problem can be and should be
solved with carefully crafted, specific limited exemptions.
• An exemption could be tailored to solve family photo
restoration and reproduction issues.
• Usage for genealogy research is probably already covered
by fair use, but could rate an exemption if deemed necessary.
• Limited exemptions could be designed for do****entary
filmmakers.
• Libraries and archives already have generous exemptions
for their missions. However, if they believe they need expanded access to work
whose authors are hard to find, we’d suggest that Congress adopt a variant of
the Orphan Works clearance system in use in Canada.
Canada has created a statutory licensing scheme that
allows licenses for the use of published works to be issued by the Copyright
Board of Canada on behalf of unlocatable copyright owners.
The license is issued by the Canadian Copyright Board.
Decisions are made on a case-by- case basis through application to the Board. If
the Board is satisfied by the applicant’s efforts of e-mails, phone calls,
written correspondence, approaches to copyright collectives, Internet searches,
etc., then it may issue a non-exclusive license which is valid only in Canada,
subject to any terms and conditions it sees fit.
A system such as this would serve potential users of
orphaned work by allowing them to clear rights in an orderly, verified way.
Therefore we respectfully ask that the Senate conduct further hearings to
resolve the specific problem of providing public access to true orphaned works.
Our objections to S.2913 – which incorporates the proposals made by the
Copyright Office – is that its effects cannot be limited to old or abandoned
copyrights.
There’s no need to “rescue orphan works” from
artists.
And you don’t save orphans by making new
ones!
Help solve the real orphan works
problem: Don't Let Congress Orphan Your
Work
2 minutes is all it takes to write Congress and protect
your copyright:
Please forward this message to every artist you
know.
Update on Orphan Works Act
Friday, May 9, 2008, 02:41 PM CST [General]
FROM THE ILLUSTRATORS’ PARTNERSHIP
Backers of the
Orphan Works bill are circulating their Talking Points:
“Neither the House nor the Senate drafts of the
bill contain the word “registries,” [they write] but rather they require users
to search non-governmental databases of copyrighted works. The purpose of any
database is not meant to take the place of copyright registration, but to have a
way to search for visual images. Any participation in such a database would be
voluntary.”
But this doesn’t mean what it
appears to say. Take it point by point:
Talking Point #1: “Neither
the House nor the Senate drafts of the bill contain the word ‘registries.’
”
Response: Correct. They
contain the word “databases,” a synonym:
Registry: register: an official written record of names or events or
transactions
Database: A database is a structured collection of records or data
Q: Why a
synonym?
A: Because international
copyright law forbids member countries to impose registries as a condition of
protecting copyrights: Berne/Article 5(2) ”The enjoyment and the exercise of
these rights shall not be subject to any formality.” http://www.law.cornell.edu/treaties/berne/5.html
In other words, if they used
the word “registries” in the bills, it would be a red flag to other countries
that the US is flirting with non-compliance with international
treaties.
Talking Point #2:
“...rather they [the bills] require users to search non-governmental databases of copyrighted works.”
Response: Non-governmental
databases” means databases maintained in the private sector.
For users to find your
work in these commercial databases, your work would first have to be in
the database.
Work not in the database
would be orphaned.
Talking Point #3: “Any
participation in such a database would be voluntary.”
Response: Congress cannot
pass a bill making registration mandatory because that would violate
Berne/Article 5(2).
And that would state
explicitly to other countries that the US no longer intends to honor its
international agreements.
There are red flags all over
these talking points.
Summing up: The Orphan
Work bills would mandate the creation of registries by commercial
interests.
You would not be legally
forced to place your work with these for-profit registries.
But failure to do so would
orphan your work.
The deceptive talking
points accompanying this bill are another red flag.
— Brad Holland and Cynthia
Turner, for the Board of the Illustrators’ Partnership
Take Action/ Write
Congress http://capwiz.com/illustratorspartnership/home/
Over 37,000 messages
have been sent from the site in the last 48 hours. Please spread the
word.
Please forward or post
this announcement in its entirety to any interested party.
Orphan Works Act
Wednesday, April 23, 2008, 12:41 PM CST [General]
FROM THE ILLUSTRATORS’
PARTNERSHIP
Today the House and Senate
sent us draft copies of the new Orphan Works Act of 2008. They haven’t
officially released it yet, but we’ve been told the Senate will do so this week.
A quick analysis confirms our worst fears and our early warnings. If these
proposals are enacted into law, all the work you have ever done or will do could
be orphaned and exposed to commercial infringement from the moment you create
it.
You’ve probably already heard
Mark Simon’s webcast interview with Brad Holland. If not, please listen to it
at:
Then forget the spin
you’ve heard from backers of this bill. This radical proposal, now pending
before Congress, could cost you your past and future copyrights.
The Illustrators’ Partnership
is currently working with our attorney - in concert with the other 12 groups in
the American Society of Illustrators Partnership to have our voices – and
yours - heard in Congress. We’ll keep you posted regarding how you can do your
part.
Please forward this information to
every creative person and group you know. Mr. Holland and Mr. Simon have
given their permission for this audio file to be copied and transferred and
replayed.
For additional information
about Orphan Works developments, go to the IPA Orphan Works Resource Page
for Artists
Related Group Blogs:
Photo Phantasies
Grimm Visions: First 3 issues available.
Monday, February 4, 2008, 11:28 PM CST [General]
New Friends
I love my copies and Plan on holding onto them for a long time to come!
Jeanne01:05 AM CST