Artists Call to Action
The Orphan Works Act of 2008
Don’t Let This Pass
Make Your Voice Heard
http://youtube.com/watch?v=CqBZd0cP5Yc
On
April 24, Senators Pat Leahy (D-VT) and Orrin Hatch (R-UT) and Representatives
Howard Berman (D-CA), John Conyers (D-MI) and Lamar Smith (R-TX) introduced
legislation (S.2913, HR 5889), which is now being referred to as the Shawn
Bentley Orphan Works Act of 2008. It is virtually the same bill that was
presented in 2006, and subsequently rejected by Congress. But now, they
are trying again.
If passed, the Act would radically alter
copyright laws, taking away the automatic copyright now guaranteed to artists
of all types who create any type of work. Right now, under U.S. law, you
are automatically guaranteed copyright on everything you create, from the
sketches in your sketchpad to your best paintings and sculptures. Under the
Orphan Works Act, every creator will be required to register everything
he or she creates in a private registry system, requiring a fee of course,
and supposedly to make it easier for the “public” to search for works and
contact the creators if they want to use the works for some purpose.
Everything created in the last 30 years will need to be registered
through this as-yet nonexistent system, including those works already registered
via additional fees with the copyright office. If they aren’t, and some
member of the public makes “due diligence” to find the creator of a work
and can’t find him or her, that member of the public is entitled to use
the work without any limitations, and artists will have no legal recourse.
That means every piece of work you have out there, especially online, would
be open season for use by major publishing houses and businesses (Microsoft
— who owns one of the largest online image databases — and Google have already
voiced support for the bill and indicated they will use thousands of images)
and everyone in between.
Proponents
of the bill say it will assist the public in identifying and contacting
creators of works and going through the proper channels to contact them
to ask for permission. While we understand the need for an organized system
of search, there are MAJOR FLAWS in the proposed bill that need to be addressed
before any such proposal should take place. Here are a few points:
- Under
this law, you would need to register every piece of work you create,
including those works that you have already registered with the Copyright
Office officially, in some system that does not exist and would likely
require you to pay to do so. The time and cost to do this is going
to be prohibitive for visual artists.
- While
this is meant to apply to all types of creative works, including music
and literary, visual artists will be impacted the most because of the
sheer volume of work we create, making it very expensive to register
everything you have ever created or will create.
- For the visual arts, there would still be little
protection for you and your work, even if it is registered, because
search tools would rely on names of artists or titles of work, and
not image recognition tools, which are still in their infancy of development.
- Under
this law, if you register your work, you would have to respond to EVERY
inquiry sent to you for use of the work. So in other words, if you
have a work out there in a registry system, and some person contacts
you and says he wants to use your work for free on his Web site or
in his new catalog, you would need to take the time to officially respond
to every inquiry within a specified time limit, letting him know if
you do not want to have him publish your work for free. This will take
a lot of time and effort that we, as professional artists, do not have.
Last
week, the House Judiciary Committee unanimously approved the bill, and yesterday,
May 15, the Senate Judiciary Committee did as well. This means the bill
will be presented to Congress, likely before the end of May.
We
need you to write to your representatives ASAP and let them know that you
do NOT want this bill to be expedited, as it is now. Tell them we need a
better solution, or tell them you don’t want it at all: Just be sure to
tell them something soon. Click the links below to get more information
on the bill, including a video that gives you a great overview of the artists’
concerns:
http://youtube.com/watch?v=CqBZd0cP5Yc
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00261
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185
http://www.capwiz.com/artsusa/issues/alert/?alertid=11346091&type=CU
http://www.asmp.org/news/spec2008/orphan_update.php
http://judiciary.house.gov/media/pdfs/Perlman080313.pdf
Click
below for several options of pre-written and editable letters that you can
fill out, and that will automatically identify and send it to your representatives
when you enter your address.
http://capwiz.com/illustratorspartnership/home/
Don’t wait. Do it now. And pass this on to everyone you know. Thanks for your help