Okay, the house is on fire. There is an article going around about the proposed legislation regarding so-called Orphan Works. There are good things about this article and bad things - Mark Simons, the author of the piece, does have a lot of passion for the subject, but he has a tendency to come off a bit "OHMYGOD! The house is on fire! Everyone and everything you have ever loved will perish! You will never get out alive!!!!"
On the other hand if you were up last night researching this subject you might have come across some counterpoints on DeviantArt and in other places that outright deny that there is even smoke coming from the house. This blogger Meredith, for example, has a lovely way of writing so as to make Simon seem like an ODing head case: http://maradydd.livejournal.com/374886.html
Many other people on DeviantArt are suggesting that the bill was dropped in '06 and that is that, thank you very much. Weeeeell, yes and no. The bill was dropped in '06, but they are forming committees to discuss it again and indeed do intend to draft and pass a bill within this congressional session. If you are interested in this subject you should watch this: http://www.copyright.gov/video/testimony-3-13-08.html
It is a riveting (oy!) one and a half hour subcommittee meeting on the Orphan Works "problem," and in the end the committee head clearly states that a bill will move forward, so those with commercial interests should stay on their guard (total paraphrase, didn't feel like watching it AGAIN for exact quote). The alarming thing for me was the total disregard for the suggestions made by Victor Perlman, the representative for photographers and other graphic workers/artists. In what I thought was a terrific attempt at compromise, he suggested bowing to the needs of academia and posterity, while disallowing claims by for-profits. Why, oh tell me, would the copyright office and others object so completely to that proposal as being "too broad?" Here is another link, this one to Perlman's proposal. It also has the neat effect of pretty-well stating what the bill might look like and what his objections would be: http://judiciary.house.gov/media/pdfs/Perlman080313.pdf
I encourage every artist to do their due diligence in researching this subject before forming an opinion, but do be prepared to sign petitions and contact your representatives if need be. I will probably write more about this later, but in the meantime I will say, the house does appear to be on fire, your work could be at risk, but no, everything need not perish.
ahhh now see theres very level approach to what i like to call 5 alarm internet Fearhead. There has been thousands of weird and bizarre bills killed in subcommitee over the years. This i suspect wioll be another. I can see where in the Bush adminstration such a bill would spring. Its big money maker. An opportunity for the Murdochs and Turners of the world to snatcxh up millions un unprotected works and make millions more registering other art. but given the present congress and all. This one wont
Orchidmake it to a vote. Telecom imunity is a much bigger battle with corrupt representives on both sides of the aisle trying to get qa peice of telecom pie when they retire. People think this issue went away but its something that is ready and waiting for a midnight vote. I prefer to save my ammo for the fight in front of me. Like say for instance getting a dem in the whitehouse then its on to copyright law. Ooooh did i show my politcal stripes there sorry. I meant to say, Have aFaerie fabulous Day (poof!)
12:49 PM EST