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.