This article has just been brought to my attention…
“As an artist, you have to read this article or you could lose everything you’ve ever created!”- Mark Simon
http://mag.awn.com/index.php?ltype=pageone&article_no=3605&page=1
every day a new reason to want out of this country…
salmongod, i’m right there with you.
overall this just enforces me to keep my art to myself, as i tend to do anyway.
this will effect every indie game studio and mod. Think about having to register all of a mods art assits. I thought the US government wanted to keep and encorage its games industry not destroy its growth and advancement as an artform and business.
This went through our game dev office last week, it brought up a lot of noise and yelling. today this was released basically debunking the whole thing…
http://www.boingboing.net/2008/04/12/countering-the-fud-a.html
“There’s a bunch of FUD going around the internets today about orphaned works, thanks to this article by Mark Simon of Animation World Network. He’s urging artists to write their Congresscritters about eeeeevil orphaned works legislation and screaming about how it will effectively invalidate copyright for everyone except big evil registrars.
The problem? There is no such legislation before Congress (there was a bill in 2006, but it was never voted on; Marybeth Peters of the Copyright Office recently spoke before a subcommittee, but that’s not a bill), and Simon is flat-out wrong about every concern he raises.
I’ve distilled his article down to six key misconceptions, and explained why each is wrong.”
Yes, this is a link to a link. =)
Hi, E. Thanks for the link.
Any lawyers out there? Entertainment lawyers? Intellectual Property lawyers?
My question is not about Copyright Law but about what laws protect an artist from Copyright Law. There are situations where an artist’s work may appear to violate Copyright Law, but somehow, does not. Somehow, these particular artists and their forms are protected.
Why can cartoonists lampoon celebrities and market their image with impunity? What protected Bill Stout from Disney when he produced the limited edition ‘Mickey At Sixty’? Is there a ‘Limited Edition’ law? Is there a law that protects ‘Caricature’ the way that the Constitution protects ‘Satire’? Where is this all spelled out? How does the Garage Kit industry survive scrutiny? Where is the line between legitimate artistic expression and the need to purchase a license? What are the State and Federal differences? International implications in the global economy?
So, I don’t need to know about Copyright Law. I need to know about the other laws. I want to see the books and read the text. Anyone?
Thanks!
~S.~
I’ve been following this issue for 2 years now. Actually, the bill is not YET before Congress… But it is being worked on.
Below is a link to a PDF file of the latest known draft of the proposed bill. I would suggest that everyone read through it to understand it in it’s entirety. Pay close attention to the areas regarding “reasonable compensation” and the “reasonable diligent search” criteria (however vague it seems) for determining the creator of a work. Keep in mind that this bill was started mainly to deal with the large amount of orphaned works that is out there that remains unused because of the deterrents within present copyright law.
The measures proposed in this bill, however, does more than just help make those orphaned works more available…
http://www.publicknowledge.org/pdf/ow-act-2006.pdf
The Illustrator’s Partnership also has a lot of info on it’s website about this proposal and what it means for artists and photographers. It’s definitely a serious issue.
Recently I read about ‘incidental’ use. If you make a movie for example, then it is almost not to avoid that if you take a city scene, that you will depict one or the other advertising banner, shop front etc… According to regulation you get away with that as it is not your prime intention to grab that ‘contents’ and make money with it. However… if you pay close attention… almost all shot’s in series and movies are edited so nothing like that ‘incidental/accidental’ stuff is in it as hordes of lawyers are reviewing publications and just for the heck of it try and impress charges for the use of their clients ‘contents’. Not that Starsucks should be happy to get free advertising out of a ‘24’ series incidental shot, no… they will try and get a few thousand for it… The industry is it’s own worst enemy. A thousand leeches for every single entity which actually creates something useful. Time for the earthquake if you ask me…
Rainer
PS:Post editing and match moving is making good business because of that…
the thing is, it doesn’t matter what country you are in, if you are in south africa, someone in the usa can take your stuff and you would have to find that person within a certain time limit, it wouldn’t matter where you live or where they live.
I know, Slimo… but at least I would no longer be immersed in the cutthroat litigious corporate culture where nothing is sacred and our rights and freedoms seem threatened from yet another angle almost daily
america may be a great place to live from an obsessive consumer perspective, but I have not felt peace of mind since I was 14 years old
I’m on the fence about this orphan works issue… both sides seem to have their points of credibility… it’s an issue I’ll be keeping an eye on
The Illustrator’s Partnership wrote a response today to the “Six Misconceptions” article
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264
Interesting article… thanks for posting!
What ever happened to: “If you don’t own it… don’t touch it…”?
Rainer
Please DIGG guy`s, RobertoOrtiz started the thread over at CGS.
So we can get it front page.
And spread the word!
http://digg.com/design/You_Will_Lose_All_The_Rights_to_Your_Own_Art_Photos
In case anyone missed it from the article because it is long winded, here is a link to listen to the interview with Brad. He explains what the proposed bill would do if passed, who it will help and hurt (mainly individual artists) and give some background on where it started etc.
While I know there are always rumors, considering this who thing is being spearheaded by Bill Gates and other giants like him, it is at least worth a few minutes to research. You don’t really understand the level of damage it can do from just reading a few lines.
Incase anyone cares, this bill seems to be real. Just got an email from the Illustrators Partnership saying they received a draft of the bill and that it will be made public later this week.
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00265
Thanks for the update, Dangerous 
I thought this was still being prepared to go through at the end of May/June? Yikes!
Chris
Well it may take that long to pass it. All this means is that the draft will be available for public viewing, probably have a number associated with it so that if people want to write their senators or congressman they have a reference number.
We’ll see what happens. Just because a bill is put forth doesn’t mean it will become law, but when it’s being heavily lobbied by one of the richest men in the world, the chances of it NOT being passed are low. The only thing that can possibly help in a situation like this is mass public outcry. However, given all the things I’ve seen with people not caring, or thinking it won’t affect them, probably won’t be enough noise to stop it.
Very similar to the patriot act. Seems reasonable until you read the fine print, and everyone still thinks your crazy and makes excuses for the government like they are these divine, benevolent and overtly nice rich people who care so much about us. Then fast forward a few years and everyone is outraged. :rolleyes:
From what I read it seems they are trying to do something similar in Europe, although I have not come across any definitive proof. You may want to check into it if you are in the UK, Atwooki.
vented and went off-topic a little :lol:
I have every reason to believe that this bill poses at least a mild threat… I’ll be ready to do what I can when the time comes
What I’d like to know is if this law comes through and I’d like to protest. Who do I contact or where do I sign my name?
This problem is for all artists that post on the internet. Not just the states or europe…
I haven’t read all the articles. I haven’t had a chance. So I’m just picking up odd bits as the days go on. I also happen to suck at law 
I’d like to think that Congress could be influenced by international art organizations if they decide to protest, but I don’t know what the protocol would be for such a demonstration of opposition for foreign organizations.
Here in the States, we can have our voices heard by contacting our Congressmen and Senators or through organizations like Illustrator’s Partnership of America or the like. There’s been a huge movement against this bill from artists, photographers, musician, etc… to oppose this proposed bill. I hope it’s enough, but the more voices, the better.
And supposedly, there’s talk of the European Commision looking into similar solutions to their own orphan works problem…