United States Trying to Legalize Art Theft
Journal Entry: Sat Apr 12, 2008, 6:23 AM
Hey guys, know I haven't been active in a while, but I'm feeling like this is too important not to post. I wish I was exaggerating with my title, but unfortunately, that's not the case. If you feel that this is tl:dr, then please, I ask that you at least read the bold stuff:
A bill called Orphan Works has been put before congress that will essentially strip creators of their passive copyrights. Here is the lowdown: The bill is introduced as a way to allow libraries, museums, and other cultural organizations/endeavors to use orphaned work. As to what orphaned work is, I'll quote Mark Simon from his article linked below:
"An Orphaned Work is any creative work of art where the artist or copyright owner has released their copyright, whether on purpose, by passage of time, or by lack of proper registration. In the same way that an orphaned child loses the protection of his or her parents, your creative work can become an orphan for others to use without your permission."
The Orphan Works Legislation is written in a way that anything you make is orphaned from the moment of creation. This applies to finished works, sketches, literature, music, animation, film...even family photos. Any and every creation made in the past, present or future. And in order to receive the minuscule amount of protection the bill does give, we will be forced to pay for registration in private registries for every single work created. For professionals or even hobbyists that share a lot , this would mean paying for thousands of works for registration in multiple registries. To top it off, anyone who infringes upon even a licensed work and is brought to court need only say that they could not contact the artist as a defense. The Orphan Works Bill will protect the users of your work more than it will protect you, the creator. It could not be more obvious that this bill is an attempt to exploit artists worldwide in the guise of a noble cause.
The problem of orphaned work is a real one; there are music recordings, films, etc. which are not legally usable and sit around in vaults waiting to disintegrate. However, allowing the mass orphaning of work will do more harm and good. It will be potentially devastating to anyone who makes their livelihood creatively, as well as anyone who wishes to in the future.
I am not a person who is easily upset... but I am simply appalled, and I think everyone reading this should be equally so, at this disregard for creator's rights. It gives more rights to the infringer of a copyright that the owner! I cannot stress how important it is for not only artists, but anyone who cares about individual rights to take a stand against this. Copyrights exist so that you can own and protect your creations, creations that many of us pour our time, energy and souls into! Do not sit back and comfort yourself with the idea that the bill will never make it through congress...it is that kind of attitude that allows unjust legislation to pass! Take action and write to your representatives and Senators, every single letter counts!
The bill hasn't yet been introduced officially to congress, but it should be soon and the IPA (linked below) advises that letters will be largely ignored until it does. The same source also indicates that faxes are the most effective written way of getting the attention of your legislators, and that emails may go ignored.
Article by Mark Simon. Problem with linkage, just backspace the 2 gaps then copypaste the link:
mag.awn. com/index.php?ltype= pageone&article_no=3605
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