Orphaned Works Legislation

Discussion in 'General Shop Talk' started by AmericanJesus, Apr 13, 2008.

  1. AmericanJesus

    AmericanJesus TPF Noob!

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  2. royalWITHcheese2

    royalWITHcheese2 TPF Noob!

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    This is a crazy article. I'm really interested to see what other people think of this...I know it makes me a little upset. :x
     
  3. sfaust

    sfaust TPF Noob!

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    This thread is 3 months old, and only 1 reply! The article referenced is a bit over the top as far as 'chickens falling from the sky' goes. But he is dead right about apathy!

    3 months, 1 reply... for something that will severely impact your images copyright?

    Will it bother you if you see your image in a national advertising campaign that would have brought you $30K in usage fees, and you don't get dime? Nothing? Nada?

    If you don't complain now, no one will be listening to you later on.

    I've written to Senators Leahy and Hatch who introduced the senate version, and Senator Kennedy and Representative Tsongas. Took me all of 20 minutes, and I got responses back.

    I can't understand why so many photographers do nothing about this. They have no idea whats going on, and are going to s%!7 bricks when it passes and they finally get it. Then all the screaming in the world isn't going to fix it.

    Take 20 minutes and read up on this. Then next week, take another 20 minutes and write a couple letters, or at least send some of the form letters available.

    I guarantee it will help save you the hours of time you will spend complaining and moaning about how your rights are eroding, they shouldn't have done it, how bad it is for the industry, etc..
     
  4. RyanLilly

    RyanLilly No longer a newbie, moving up!

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    Well, I actually read the whole article, and I think I have read it before. The writer does not even link to the actual bill, which would be much more useful reading material than his poorly written article, which although I'm sure is heartfelt, but is full of fallacies.

    Don't get me wrong, I would not support such a bill, but I would also need to do my own research. I really cannot take someone seriously, when they refer several times to "breaking international Law." Such a thing does not exist and the argument was used solely to sensationalize his argument.

    I know that if I complain about it, I should do something about it. Well maybe I'll look up the bill and write my own article, but I probably won't.

    Here is a link to some real information. This page contains the bill in the House and the two versions in the senate. I just browsed them a little, but its kind of dry reading this late at night.

    http://www.copyright.gov/orphan/

    And in the end it will probably die in committee, anyway.
     
  5. sfaust

    sfaust TPF Noob!

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    I wish I felt the same way, that it will probably die. But from what the organizations that follow this are saying, they believe there is a good chance of it passing. If we hope it doesn't pass and thus do nothing based on that hope, who are we going to yell at when it does pass. That's why I think we all need to do something.

    That's probably the best link out there on the bills. I should have included that myself. The first article sensationalized, and as you mention, full of mis-information. Ie, its contrary to multiple international laws, but not breaking them. They sky isn't falling, just clouding up ;)
     
    Last edited: Jul 12, 2008
  6. *Mike*

    *Mike* TPF Noob!

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    This is one of the reasons anyone earning a living at photography should be a member of the PPA. Forget about all the other benefits, they are one of the few groups seriously lobbying on behalf of the industry.
     
  7. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    might not be breaking international law - but if it passes it going to complicate the internations rights area considerably for years to come. Not only that, but it sets a dangerous viewpoint that could be followed or copies by other nations governments (money and free stuff is very attractive to governments).

    Its a worrying bill - and I can see it damaging the online community terribly - suddenly amatures (from the US) are not going to want to post photos at all - because unless they pay to register, any shot up there can be taken, used and profited on and they cannot do anything to legally stop the person who is using their photo.
    Problem is is that there appears to be a lot of controvasy and misinformation about this bill on the net. From sites saying its the end of the world to others saying its all a hoax or an elaborated story
     
  8. sfaust

    sfaust TPF Noob!

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    Even with the PPA, APA, ASMP, etc, all lobbying for our cause, those voting on these bills realy need to hear an uproar from everyone to know beyond a doubt that it is a bad thing for the industry.

    But for the same reasons photographers don't understand copyrights as they are today, they aren't going to understand what these bills are going to do until they wake up one morning, find out copyright isn't as they currently know it and they've lost so much, and then we'll hear the uproar. But far too late! Deed is done. It always seems to work that way.

    People will be able to use Orphaned Works as a shield , an excuse, against infringement, and be able to use images commercially, editorially, for profit, etc, with little downside. The photogapher on the other hand will need to jump through new hoops, shoulder the financial burden, and take on a tremendous workload if they wish to protect their rights of current digital, as well as past film based images.

    I understand why the bill is introduced, and would suport it if written without putting such a burden on the photographers while giving industry a very easy and powerful to use shield in an infringement lawsuit. Its just so one-sided, and we are on the wrong end.

    Try to pass a similar law with autos, and there is no way in hell it would pass. Ie, if you find a car on the side of the road, no license plate, no registration in the glovebox, no owner that you can identify, well, its free to be used as you wish.
     
  9. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Well so far I have not heard one person anywhere compliment the bill - so its clear there is not support for it in the photographic community (and I dare not think what the artists are saying about this - they might take months to years over a painting only to see it stolen!)

    So its up to you US photographers - write stern letters to your local political representatives - go on strike - rally - destroy - smash - burn!!

    ok maybe the last three options are not the best of ideas - but you know what I mean.
     
  10. Mike30D

    Mike30D TPF Noob!

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    There was nothing wrong with this bill until they added the language to include current works. When it was first introduced, it was mainly aimed at museums and the like. It was supposed to help out museums when they were looking to use something and it's creator had been dead for like 100 years.

    So far I've only seen 1 person for it, it's in this month's After Capture. I don't like it, not one bit.

    One of those association's websites had a letter you could print off and send to your congressman. I did and so should you.

    Don't just sit back and bi*ch about it, call or write your congressman. Those who sit and complain about it have no right to say a word when it does finally happen.
     
  11. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    But surely after 100 years or so the copywrite has expired unless it is renewed by a group - like a trust or family memeber. Least in the UK copywrite lasts life+70 years after death. Is the US system perminant then?
     
  12. sfaust

    sfaust TPF Noob!

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    And if you do fire off a letter, make sure you understand the bill first. It doesn't help if they receive a letter ranting and raving about something that isn't an issue. If you can't take the time to read the bill, or a summary by a informed organization, then use one of the form letters available from PPA, APA, ASMP, or similar organizations. It will come across a lot better than a rant.

    I send my own personal letter to Leahy, Hatch, Tsongas, and Kennedy. Tsongas was the only one that responded. I can forgive Kennedy in light of his situation, and wish him the best. Hopefully, Leahy and Hatch at least counted a mental vote on the against side ;)
     

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