Author Topic: 2008 Orphan Works Bill Introduced (Read 29772 times)

helix7 · « **Reply #25 on:** May 06, 2008, 16:41 »

Quote from: cascoly on April 28, 2008, 19:16

...there is NO mandatory registration req. and i couldn't find anything to indicate we'd LOSE existing copyrights.

under the new law, a user MUST do reasonable search -- if they use a work after that, and the actual copyright owner later appears, they are STILL subject to a fine...

That's exactly what I've gotten from reading the bill. I found no language to suggest that any current copyright policies would be affected by a passage of the orphan works bill.

Critics of the bill have been suggesting that someone could just do a quick search and claim to have attempted to find a copyright holder, thereby getting away with infringement. That also is not true. The "diligent search" must be performed within approved Copyright Office databases, and paperwork must be filed confirming that such a search was performed. Users must also file with the Copyright Office to report their intention to use a work that is believed to be orphaned. It is not an easy process, and it is certainly not worth the time it takes, just to steal an image that could have been legally licensed for a few bucks.

Basically, the Orphan Works bill does not make it any easier for someone to get away with infringement. Copyright will be just as valid under this bill as it is today. It is not the "thieves charter" that some poorly informed bloggers are making it out to be.

anonymous · « **Reply #26 on:** May 06, 2008, 17:46 »

Quote from: helix7 on May 06, 2008, 16:41

Quote from: cascoly on April 28, 2008, 19:16
...there is NO mandatory registration req. and i couldn't find anything to indicate we'd LOSE existing copyrights.

under the new law, a user MUST do reasonable search -- if they use a work after that, and the actual copyright owner later appears, they are STILL subject to a fine...

That's exactly what I've gotten from reading the bill. I found no language to suggest that any current copyright policies would be affected by a passage of the orphan works bill.

Critics of the bill have been suggesting that someone could just do a quick search and claim to have attempted to find a copyright holder, thereby getting away with infringement. That also is not true. The "diligent search" must be performed within approved Copyright Office databases, and paperwork must be filed confirming that such a search was performed. Users must also file with the Copyright Office to report their intention to use a work that is believed to be orphaned. It is not an easy process, and it is certainly not worth the time it takes, just to steal an image that could have been legally licensed for a few bucks.

Basically, the Orphan Works bill does not make it any easier for someone to get away with infringement. Copyright will be just as valid under this bill as it is today. It is not the "thieves charter" that some poorly informed bloggers are making it out to be.

bingo

oboy · « **Reply #27 on:** June 26, 2008, 07:18 »

Here is an article from the Rangefinder Magazine
http://www.rangefindermag.com/magazine/Jun08/114.pdf

ann · « **Reply #28 on:** October 04, 2008, 11:16 »

Update on USA Orphan Works Bill

(S2913) Senate Bill PASSED.

We need to stop the House Judiciary Committee from folding their own bill (HR5889) and moving to adopt the Senate version.
video about bill:
http://www.thephotographybiz.com/comment/orphan-works-legislation-explained/

http://www.facebook.com/group.php?gid=18736567652
A MILLION PEOPLE AGAINST THE ORPHAN WORKS BILL!
CALL CONGRESS FOR FREE: 1- 800-828-0498.
STOP HOUSE Bill 5889!

RacePhoto · « **Reply #29 on:** October 06, 2008, 17:53 »

Quote from: GeoPappas on April 28, 2008, 06:41

The Orphan Works Act was introduced once again a few days ago.

Even though this is a U.S. bill, it will affect everyone in some way.

True

Under this bill, you won't automatically have a copyright on your images anymore.

False

And if your images are on the Internet, then they will become "orphaned" and available for anyone to use how they please.

False

This is especially a problem with the microstock industry, since we have no idea who is purchasing our images or where they are being used. Every image that we sell on the microstocks will essentially become "orphaned" immediately upon purchase.

False

Every year this bill seems to get worse.

Opinion

We need to stand together against this bill.

Opinion

What the bill is about: Limitation on remedies in cases involving orphan works.

That's what it's called. It does not alter the BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS

Article 7 - The term of protection granted by this Convention shall be the life of the author and fifty years after his death.

What the Bern Convention does:

Under the Convention, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires.

If someone opposes the Orphan Works limitation on liability for some reason, the best way to approach others would be with the truth and facts, not by fabrication and fear.

Opinion

As far as I can see from reading the house bill and the senate bill, this changes nothing as far as a photographers copyright protection or the Bern Convention international protection. If someone wants to point out the section of the actual bill that is offending, instead of reading things into it, that aren't there, then I'd be happy to consider changing my opinion.

Until then The Sky Isn't Falling! Please stop shouting that it is.

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Author Topic: 2008 Orphan Works Bill Introduced (Read 29772 times)

helix7

anonymous

oboy

ann

RacePhoto

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