The Orphan Bill - Effects us all

[Stranger]

This bill is very upsetting to me. I have already used the site listed below in order to at least voice my opinion.
It basically states that if someone can not find the author to a piece of work after a "reasonable search" (reasonable being defined by the person searching for it) they are free to use the work however they want to. Regardless of the copyrights...

Some links explaining the bill and why it effects us as photographers.

http://capwiz.com/illustratorspartnership/issues/bills/?billid=11320236

http://capwiz.com/illustratorspartnership/issues/bills/?billid=11322171

Must act today though because voting on it is tomorrow!

I used this link in order to voice my opinion. The letter is already written up with editable text.

http://capwiz.com/illustratorspartnership/home/

 

[Mike_E]

What a crock of 'night soil'!

 

[THORHAMMER]

This looks bad, im wondering if theres something Im missing by not being a
legalese guy, but it sounds pretty bad.

How would you dilligently search for a picture thats not watermarked at all? I guess metadata is the awnser. But they could have a copy of a print screen thats posted in some forum by another person and its not their fault for copying it.

3 solutions :

1. dont post anything larger then 800 x 600 pixels
That should take care of any real commercial or serious use.

2. Can the forum use the same protection that flickr uses, when you try to save a picture is saves a gif file called spaceball...

3. Also, theres got to be a way to make a print screen turn into blackness like movies do...

Those 3 would solve 90% of the problem.

 

[Overread]

Before people react some more info

thread:
http://www.thefantasyforum.com/showthread.php?t=15691

the main counter argument:
http://maradydd.livejournal.com/374886.html

 

[Stranger]

that was interesting overread, thanks for the link.

It looked completely legit from my quick google search and i heard it from a credible source. I wont discount it but i will take that read into consideration as well

 

[RyanLilly]

I hope the same applies to cars, If I see a car and diligently do a reasonable search for the owner, ask around wallmart, check the starbucks, and if he can't be found, I can take the car and use it for myself, like for a demo-derby.

 

[rob91]

This doesn't make sense. Does the bill rest upon the assumption that there are "works" out there with no authors? Isn't that a logical impossibility?

 

[Mystwalker]

This doesn't make sense. Does the bill rest upon the assumption that there are "works" out there with no authors? Isn't that a logical impossibility?

I think a good example was presented in counter arguement - the one where you take your parent's wedding photos to get digitized, but photo shops will not do it because you do not have rights to photo. And photographer can't be found.

 

[abraxas]

I read the arguments. I'm still against the bill. This gives further 'license' to the abuse of the author's rights to control their creative work.

 

[Mike_E]

It still sounds like a battle ax to debone a pigeon to me.

 

[Garbz]

I wonder if a possible solution is to include your full name in the comments of the metadata. All the photos I post online do this. You wouldn't need a reasonable search. Just open the photos, oh the author is .... and there's a copyright sign, clearly not an orphaned work.

Mind you given the world is riding the pro IP bandwagon I hardly think that a bill like this would pass.

 

[Bevel Heaven]

......... but it is on the way to passing.

This will take you 15 seconds....please do your part in voicing your opinion about the Orphan Works legislation.

The Bill is now unanimously approved H.R. 5889 yesterday, and it has moved to the House Judiciary Committee. 19,401+ messages have been sent.

http://capwiz.com/illustratorspartnership/issues/alert/?alertid=11348596

 

[Bevel Heaven]

http://capwiz.com/illustratorspartnership/home/

please use this link............... 15 seconds of your time..........

 

[manfromh]

Is this a US-only law? This shouldnt apply if the image is not uploaded on an US server, right

 

[Socrates]

I never worried about things like this because my shots aren't good enough for anyone to be interested in stealing them. In any event, I am a bit curious. Forgive me for a C&P from the middle of the write-up, but isn't the following already true?

• When the artist discovers an infringement and if the artist can identify the infringer, the artist is required to file a notice of claim for infringement, including the artist's name, all known titles of the infringed work, the artist's contact information, and proof from which a reasonable person could conclude that the artist's ownership and infringements claims are valid.

• If the infringer fails to negotiate reasonable compensation in good faith, or fails to pay in a reasonably timely manner, the infringer may lose the limitations on remedies, provided the infringer's reasonable search is adjudicated by courts to be insufficient.

• Unrecoverable payment for use. Infringements can occur anytime anywhere in the world. However if the artist discovers an infringement: he will have to bear all expenses to discover, identify, and pursue the infringer. This will include attorneys' fees and court costs. The artist will not have the right to receive actual or statutory damages from the infringer. The artist can receive only what a court determines to be "reasonable compensation." Many artists will not be able to afford the expense of recovering payments for the unwelcome uses of their work.