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


What? What is wrong with people nowadays? Why would ANYONE allow this in the first place?
Eli Dirkx (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
You can count me in on sending letters. These people need to be stopped. Dont these people who want this legislation passed (the one who seemingly won everything) have enough money? When is enough going to be enough. Why do they have to bleed us so dry?
Marc Cruz (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
D8 I found the link to this in DeviantArt. from one person to another. I cant believe theyre really doing that. Its.... money-making for them... I PROTEESSSTT TO SUCH GOVERNMENTAL METHODS!!!! D
nat cordoba (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
Reading this completely out raged me! This is the first time I have heard about the Orphan Works legislation ,thank god I did find out about it. But what really concerned me is: I live in Australia , and post my art work on the net, so if this passes through the US Congress does that mean someone from the US can steal my art work and I cant do anything about it? IF I find out about it, Or will our copyright laws interfere with the Orphan Works legislation if it passed? This really does hit to close to home, with art being the only thing I'm good at, how am I supposed to have a future in the art world if those big companies can use my work and not pay me for it?
Ashlea Hoffman (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
How about starting a poll?
Allaiyah Weyn (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
This is the biggest crock of shit I have heard. If this bill passes, I'll stop drawing. Period. This is absolutely the worst thing the government could do to me personally. Art is who I am. Without rights to my own art, it's like having no rights to my being. Please people, take action. I am going to see what I can do, and I hope many others do the same.
Kelsey Yancey (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
The government is milking every hard earn dollar artists make, what bastards!
Unknown Unknown (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
How is this any different from pirating music? If this gets passed then the heart of anything artistic will be lost to manufacturing! This has to be against the constitution. It's my right to say NO to them selling MY art! It's my right to refuse this! THIS IS RIDICULOUS!
Chaos (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
THIS SUCKS!!!! as an artist, i dont have enough money to spare to have to freakin register all my photographs. this is something i shouldn't have to do!!!! its my freaking art, i worked my ass of to take the pictures, and make it look perfect, therefor i should be able to own EVERY PIECE OF IT and be able to make money off of it however i choose. what the hell are they thinking passing this law??? this is just another greedy way for the big men up top to make more money in unfair ways. GRAB YOUR TORCH AND PITCHFORKS EVERYONE, WE NEED TO PROTEST THIS!!!!!!
Alex Harrison (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
This is outragous! We are the ones that have copyright and we don't need no damn paper to prove it! We create the images WE are the owners! Not some sleezy bastard who thinks to get a coin from our time and our work! This cannot be passed!
Madison . (not verified) | Sat, 04/12/2008 - 00:00 | Permalink

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