Protect
artists' works -- fight the "Orphan Works" legislation!
New
legislation is being developed that could have far-reaching
effects for artists and illustrators over the authorship and
royalties of their work. Even if you can't draw a straight
line, anyone and everyone who respects creative copyright
should have extreme cause for concern.
The
essence of the proposed "orphan works" legislation
is that any creative work you do -- be it for published commercial
work or for your own private use (even a home video!) -- must
be registered under a commercial registry in order to be protected
by copyright law. In theory, this proposal would require an
artist to digitize, register, and publish each and every
work of art in order to have them copyright protected
-- an extraordinarily difficult investment for anyone to make,
in both time and money. Those works that are not registered
would be considered "orphaned", and would be more
easily susceptible to infringement.
The
alleged motive behind this bill is to more easily allow for
the commercial use of creative work by an artist or author
who is hard to find or identify. But the scope of the bill
is so great that it would affect everyone -- even those artists
who are alive and well...and working!!!
So...who
would actually benefit from this bill? It's surely not
the artists, but all those profiting from the "registries"
artists would be forced to go to -- and pay for! -- in order
to protect their work. Under the conditions of the bill, any
creative work not listed within such a registry could more easily
be used without the artist's knowledge or consent. (In other
words, stolen.) Worse still, this legislation would also make
it considerably more difficult for artists to pursue legal action
should their work be infringed.
From the
Illustrators Partnership of America: "If the Orphan Works
legislation passes, you and I and all creatives will lose virtually
all the rights to not only our future work but to everything
we've created over the past 34 years, unless we register it
with the new, untested and privately run (by the friends and
cronies of the U.S. government) registries. Even then, there
is no guarantee that someone wishing to steal your personal
creations won't successfully call your work an orphan work,
and then legally use it for free. In short, if Congress passes
this law, YOU WILL LOSE THE RIGHT TO MAKE MONEY FROM YOUR OWN
CREATIONS!"
This
audio clip offers an in-depth discussion of the matter.
There is also an online petition to fight the bill at http://www.gopetition.com/petitions/no-to-orphan-works-act.html.
Authorship
protection and copyright are fundamental issues under American
law, and this proposed bill could irrevocably damage the very
notion of creative ownership.
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