Kevin Marx

Just got turned on to this by a photographer friend. Check it out. It's some serious shit. Even if it doesn't pass in 2008, you can bet it's on the list for 2009 and beyond.

http://www.opencongress.org/bill/110-h5889/show

H.R. 5889, The Orphan Works Act of 2008, was introduced on April 24, 2008 by House Judiciary Committee Intellectual Property Subcommittee Chairman Berman of California, full Judiciary Committee Ranking Member Lamar Smith of Texas, and Intellectual Property Subcommittee Ranking Member Howard Coble of North Carolina. It limits the remedies in a civil action brought for infringement of copyright in an orphan work. It amends Chapter 5 of title 17, United States Code, (Copyright law) by adding ?§ 514. Limitation on remedies in cases involving orphan works.?

Section 514 is the new limitation on remedies which the Orphan Works Act will impose on any copyrighted work wherever the infringer can successfully claim an orphan works defense, whether legitimate or adjudicated by courts to be conclusive.

? The Orphan Works Act defines an ?orphan work? as any copyrighted work whose author any infringer says he is unable to locate with what the infringer himself decides has been a ?reasonably diligent search.? In a radical departure from existing copyright law and business practice, the U.S. Copyright Office has proposed that Congress grant such infringers freedom to ignore the rights of the author and use the work for any purpose, including commercial usage. In the case of visual art, the word ?author? means ?artist.?

? This proposal goes far beyond current concepts of fair use. As acknowledged by the Register of Copyrights it is not designed to deal with the special situations of non profit museums, libraries and archives. It is written so broadly that it will expose new works to infringement, even where the author is alive, in business, and licensing the work.

? The bill would substantially limit the copyright holder?s ability to recover financially or protect the work, even if the work was registered with the U.S. Copyright Office prior to infringement.

? The bill has a disproportionate impact on visual artists because it is common for an artist?s work to be published without credit lines or because credit lines can be removed by others for feckless or unscrupulous reasons. This is especially true of art published in the Internet Age.

Want to see all your hard work disregarded with a "diligent search?" Compensation for an infringement would no longer be based on statutory penalties??? You would be compensated based on fair and reasonable rates after someone infringed your work????

Go to this link. It's an AutoForm. All you have to do is fill in your name and vital information and emails will be sent to your Senators and Congressmen telling them what a crock of shit you think this legislation is.

http://capwiz.com/illustratorspartne...ertid=11340136

Paul Markham

This needs bumping and a lot of attention.

It makes it easier for pirates.

Will add my name to the list and frankly I'm astounded they are even thinking of doing this.

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Kevin Marx

My thoughts exactly Paul. Thanks for the bump.

Nikki_Licks

Thanks for this info Kevin.
I filled mine out and sent it. Hopefully it will help. I have no idea why they would want to even fuck with this. Is there any gain they get from ruining copyright laws? I would not doubt it, because corruption seems to be running throughout the entire system, so condoning theft is right up their alley.


And a early morning bump for you

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Nikki_Licks

Bump

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