It seems that Congress is once again considering the Orphan Works act again. This would change the existing copyright laws to expand what is to be considered an "orphaned work" . An orphaned work is a work of art where the copyright has lapsed because of either on purpose, because of the passage of time or lack of proper registration. It can then be used without your permission for any purpose. Up until now, this has been mostly work where because the artist has passed away and their estate has allowed the copyright to become public domain.
Changes would be to expend this to work by living artists! Artwork that is not registered with the copyright office or with newly created private "copyright registries" will be considered "orphaned" and free for anyone to use. Copyright violators can get exception from infringement suits if they claim to have made a "reasonably diligent search" for the copyright holder.
This is something that would adversely affect every artist currently working today. Artists would have to spend hundreds if not thousands, of dollars each year to register their own work. And this would not even guarantee the same level of legal protection we have today. It would effectively gut any copyright protection we have.
Here are some links to blogs explaining it in more detail.
chaucer.umuc.edu/blogcip/c...round.html
www.tomrichmond.com/blog/
mag.awn.com/index.php
Changes would be to expend this to work by living artists! Artwork that is not registered with the copyright office or with newly created private "copyright registries" will be considered "orphaned" and free for anyone to use. Copyright violators can get exception from infringement suits if they claim to have made a "reasonably diligent search" for the copyright holder.
This is something that would adversely affect every artist currently working today. Artists would have to spend hundreds if not thousands, of dollars each year to register their own work. And this would not even guarantee the same level of legal protection we have today. It would effectively gut any copyright protection we have.
Here are some links to blogs explaining it in more detail.
chaucer.umuc.edu/blogcip/c...round.html
www.tomrichmond.com/blog/
mag.awn.com/index.php
posted by:
|
SF Bay Area
|
-
Re: Congress considering the Orphan Works act again
Mon, May 5, 2008 - 5:37 PMI just got an email forward to me from a friend of mine, that she got from a group supporting the act! She is a professional librarian and they are the main group pushing for this bill. The good thing about this though, it gives you the information on who to contact to tell to STOP this bill too!
Legislation has been introduced in both the Senate and House that limits remedies in copyright infringement cases involving orphan works. We need you to ask members of the House and Senate to support copyright Orphan Works legislation (H.R. 5889, S. 2913) that does not include a “dark archive” provision.
While we strongly support legislation resolving the orphan works problem, we recommend the Senate version of the bill over the House version. As time is running out, we ask that you contact your Senators and Representatives (with priority given to members of the Senate), to communicate the library community’s enthusiastic support for orphan works legislation that does not include a “dark archives” provision.
SENATE COMMUNICATION
→ If you are a constituent of a Senator on the Senate Committee on the Judiciary:
Contact your member on the Senate Judiciary Committee (see list below) prior to the scheduled markup hearing on Thursday, May 8, 2008, to convey that we strongly support the need for Orphan Works legislation (S. 2913); however, we cannot support legislation that is amended to include the “dark archive” or other weakening amendments.
→ For all Library Supporters:
Contact Senate bill sponsors Senators Leahy (D-VT) and Hatch (R-UT) prior to the May 8 markup hearing in support of Orphan Works legislation that does not include a “dark archive” provision or other weakening amendments.
HOUSE COMMUNICATION
→ If you are a constituent of a Representative on the House Intellectual Property Subcommittee:
Contact your member on the House Subcommittee on Courts, the Internet and Intellectual Property (see list below) prior to the scheduled markup hearing on Wednesday, May 7, 2008, to support Orphan Works legislation (H.R. 5889) only if it is amended to remove the “dark archive” provision.
→ For all Library Supporters:
Contact House bill sponsors Representatives Berman (D-CA), Coble (R-NC), Smith (R-TX), and Conyers (D-MI) prior to the May 7 markup hearing in support Orphan Works legislation if it is amended to remove “dark archive” provision.
* Phone calls directly to the Representative or Senator’s district office are a very effective way to communicate your message.
Talking points, background and Congressional Committee members located on the ALA Legislative Action Center.
For further information, please contact:
Corey Williams Green Associate Director, ALA Office of Government Relations (OGR) cwilliamsgreen@alawash.org 800-941-8478
