Mind Your Business: You Will Lose All the Rights to Your Own Art

Mark Simon is mad as hell and, in this month's "Mind Your Business," he tells you why you should be too.
Posted In | Magazines: AnimationWorld
With the pending Orphan Works legislation, artists might lose rights to works they've created. Courtesy of Jon Hofferman.
With the pending Orphan Works legislation, artists might lose rights to works they've created. Image courtesy of Jon Hofferman.

Two proponents of this new legislation are Corbis and Getty Images. They are large stock photo and stock art companies. They sell art and photos inexpensively and are trying to build giant royalty-free databases. Do you see how they could benefit from considering most works of art in the world orphans?

Do you know who owns Corbis? Bill Gates. He doesn't do anything unless it can make a huge amount of money. Helping you lose the copyright to your art is big business for Gates.

For years we've heard of Hollywood fighting with China to protect copyrights and stop the pirating of DVDs. Our government has worked with the studios to protect their investment.

Our government is NOW WORKING AGAINST US by allowing our own fellow citizens TO STEAL OUR CREATIVE WORKS.

It will be easy for them to get away with it unless we make ourselves heard.

Your calls and letters do work. I've seen many instances in which a single letter made a difference in public policy. Tens of thousands of calls and letters help even more.

This is not empty talk. I have written letters to my congressmen and I will do so again. I do what I can to let every creator know about terrible legislation like this... thus you are reading articles like this one and you can listen to interviews I've posted online.

CONTACT YOUR LEGISLATOR:
Go to http://www.usa.gov/Contact/Elected.shtml to quickly find the phone number, address and e-mail of every U.S. senator, U.S. representative, governor and state legislator.

Forward this article to every creator you know and urge them to take a moment to protect their very livelihood. I am giving everyone the right to reprint this article in any form to help spread the word to protect our creative rights.

Instead of sitting around watching TV tonight, TiVo that show, write a letter and make yourself heard.

Letters to our government officials don't have to be long, but they should be heartfelt. A good story helps. Tell them who you are, how this legislation negatively affects you and that you want them to vote against the Orphan Works legislation. It's that easy!

If you don't, you will have only yourself to blame when you see other people making money from your art and you don't see a dime.

Spider-Man comic artist Alex Saviuk is also concerned about the loss of copyright protection. "When I found out all the negative aspects of the new legislation, it would almost behoove us to want to do something else for a living," says Saviuk. "If we would have to register with all the different companies, we would never be able to make a living."

"It would be impossible for me to register all my art," continues Saviuk. "It would put me out of business."

You can listen to my complete interview with Alex online. Think this doesn't apply to you? Maybe you don't license your artwork? How about this?

Photos on the internet could be orphaned. With tens of millions of photos shared online with services like Flickr, Shutterfly and Snapfish, there is a huge opportunity for unauthorized use of your photos... legally.

You could see photos you take of your family and kids, or of a family vacation, used in a magazine or newspaper without your permission or payment to you. You would have to pay to register your photos, all of them, in every new registry in order to protect them. Say the average person takes 300 photos per year (I take a lot more than that). If a registry only charges $5 per image, that is a whopping $1,500 to protect your photos that are protected automatically under the current laws. If there are three registries, protecting your images could cost an amazing $4,500. Not to mention the time it would take to register every photo you take. Plus, you will also have to place your copyright sign on every photo.

That's not including all your art, sketches, paintings, 3D models, animations, etc. Do you really have all that extra time and money? Plus, even if you do register, the people stealing your work can still claim it was orphaned and, unless you fight them, they win. Even if you win, you may not make back your legal fees.

It gets even better. Anyone can submit images, including your images. They would then be excused from any liability for infringement (also known as THEFT) unless the legitimate rights owner (you) responds within a certain period of time to grant or deny permission to use your work.

That means you will also have to look through every image in every registry all the time to make sure someone is not stealing and registering your art. You could actually end up illegally using your own artwork if someone else registers it. DOES ANYONE SEE A PROBLEM WITH THIS?

Do you think the U.S. Copyright Office is here to protect you from this legislation? Think again.

Brad Holland of the Illustrators' Partnership shares his notes from a recent meeting with David O. Carson, general counsel of the Copyright Office.







Comments


Mark, have you researched the actual bill itself or have the number? Do you have any handy links to read about the bill itself? I appreciate your bringing this to light, but I think it's important to go right to the source. I can Google as well as anyone, but it would be helpful to have easy access to government docs on the proposed legislation. Before I write to anyone in Congress, I want to know the facts as well as opinions. I encourage every artist to do the same. Research carefully before acting. If a million artists fire off letters about a bill without supporting facts, we will all look like uninformed zealots and it will lessen our effectiveness in petitioning future legislation. I'm just advocating rational thought over panicky action. I intend to do a lot of research on this outside of the Partnership. Let's be SMART artists and copyright holders.
David Billings (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
That makes me mad as hell, theres nothing right about this bill, NOTHING.
(not verified) | Mon, 04/14/2008 - 00:00 | Permalink
Sir, you write for a magazine. If you have something to say, that's fine, but leave the forum-standard emotionalism to message boards. We're mature people - some of us out here are, anyway, and we are capable of understanding what you're saying without use of caps and the like. That kind of sensationalism isn't professional, and surely that's not what they're paying you to portray.
A K (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
This is BS. I could end up on welfare with this! This is what I do for a living! How can our senators/governors/everyone-in-charge think that screwing all of us over is okay? We need to pay our bills too! That, and everything I create is mine! I pulled all-nighters, I have calluses on my hands, I cut my fingers up with a knife, I welded it! It's mine! And damn anyone who tries to claim it!
Alise Matula (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
I would like more information. Would you post the specific bill that is being debated right now? I'm looking through the Congressional Record and not finding anything.
Dennis S (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
Every time I turn around, I find myself wondering how long is it going to take for the American people to take a stand against this government we've created! I am only one person, but I will create a petition, collect as many signatures as possible and forward them to the "powers that be." Thank you for bring this to my attention. Susie Porter
Susie Porter (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
How about writing a template letter for everyone interested to send their local Congressman and Senators. They count and keep track of opinions but don't actually read them. This is the best way to put your thoughts into action.
Joyce Lieberman (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
I see a lot of "OMG! Protect yourselves!" in this article but not a lot of factual detail. What is the Orphaned Art act? What are the details about it? When is it being proposed? Any legislation has steps and criteria...so what are they? I want to know exactly what this proposes, verbatim. Otherwise, all your article is is a sensational article meant to rev people up.
Wendy (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
un... believable!!! how can those F0©k!n a$$h0les do this!?!? who would ever get to such an insane idea in the first place!!?? u really must be heartless then!! gee... u really took the words outta my mouth... what more is there to say? i'd like to send those bastards an e-mail... but .. what do i say? it's not like i completely understand what u say since im Dutch, am only 14 AND have dyslexia Dx damn money addicted a$$es...
Lydia ---- (not verified) | Mon, 04/14/2008 - 00:00 | Permalink
You know this really makes me wonder about remaining an American. I have served my country and so has over 90% of the males in my family tree, and to think that MY government can and will do this makes me ashamed of fighting for a group of people that are to LAZY and STUPID to get off there asses and challange our own government. It is OUR RIGHT AND DUTY TO DO SO!!! WHEN OUR GOVERNMENT IS NO LONGER ACTING IN THE PEOPLES FAVOR, WE HAVE THE RIGHT AND AGAIN DUTY TO DISMISS IT AND START A NEW ONE. DOWN WITH BUSH, DOWN WITH THIS GOVERNMENT WE NEED TO BURN IT TO THE GROUND!!! THIS IS OUR COUNTRY, WE THE PEOPLE. WE TELL THEM WHAT TO DO THEY WORK FOR US REMEMBER!!!! SO LETS DO SOMETHING ABOUT IT !!!!!
Eric Dryden (not verified) | Mon, 04/14/2008 - 00:00 | Permalink

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.
  • Use <!--pagebreak--> to create page breaks.

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.