02
Jun
Orphan Works Bill
Our friend Kurt, AKA Samuraiartguy has sent this in regarding a debate going on now in the creative industry:
Hello Folks.
This is another take and debate on the orphan works bill…
You see, I’m freelance illustrator. I make my living by making art and a lot other people do the same. Right now there’s a new bill making it’s way to Congress. It’s called the Orphan Works bill and it will dramatically change copyright laws in this country.
* ObamaBostonian’s diary :: ::
As current copyright laws stand, whenever I create new a property (a work of art, a design, a photograph) I own the copyright. In order make a living, I sell my services to second parties who intend to use that property. Those second parties purchase the rights to use that image for an agreed amount and period of time.
The bill being proposed would essentially require me to “register” my work with a private registry corporation in order to sell it. If I did not, the work would automatically be considered an orphan work. As an orphan work, the second party could use that image in anyway they see fit, without paying me or entering into any kind agreement with me. They would essentially own the copyright themselves. What this means is, is that I would have to pay some company for the right to sell my own creation.
Full story here:
http://www.dailykos.com/story/2008/5/7/142421/5028/462/511107
Be sure to read through the comments, healthy debate.I am genuinely concerned about this bill, it is not so much by what is intended, but the abuses that it makes possible that bother Me.
From My comments:
“The language of the bill needs to be explicitly stated and severly limited to the intended cases. Unethical people will absolutely take advantage of the broad language of the bill to engage in such abuses as the original post’s author describes. But since we all know that the publishing, internet and entertainment industries are operated by entirely by people of the highest ethical and professional standards, I have to assume that creative workers have nothing to worry about! I can assure you I have been ripped off during my career and that I am not a unique or even particularly unusual case.”
Please look into this matter and make up your own opinions.
Best,
Kurt Griffith
Fantastic Realities Studio
http://www.fantastic-realities.com