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.