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


WTF Get to the fucking point!! Write 3 sentences with tye issue NOT 3 pages.. What the Fuck are yu saying???????????????????????
ZZZ Z (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
Thank you for informing us of this; as an artist and a photographer, I wrote angry letters to all of my congressmen.
Anna Fleming (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
Are corporations like Disney/ABC, Dreamworks, et al. doing anything to help protect their much needed creative staff from legislation like this? Is it possible for the creative people to organize themselves into some kind of general strike to show some kind of solidarity on this issue? Just a couple quick (not fully thought out) questions that came to mind as I read this article. Shawn
Shawn Webster (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
This is not only an attempt to screw over creative minds all over America; this act is criminal in it's nature alone. It's unconstitutional as it not only harms potential business but cripples our freedom of speech to an extent. This is not a bill, a law, or an act. This is an injustice trying to take life, born from greedy businessmen who don't know the emotion that comes from losing something that you make.
Keith (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
Thank you SO MUCH for this article!!! I have posted journals in my various online art communities I am active in to spread the word, and I have asked friends to do the same. I will also spread word of this through my school, The Art Institute of Washington. -Jen D
Jennifer D. (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
As far as that congressman who says its your "own fault for not getting it licensed", apparently he's forgetting younger artists (such as I), are unlikely to have any sort of money for registry.
Miranda G. (not verified) | Sat, 04/12/2008 - 00:00 | Permalink
This personally pisses me off royally!And i know this will happen.But what will the artist community do lost their rights? this is completely against everything that being an artist is about, I mean I also do tattoos and if i draw you up a tatt and give you the design i will not let anyone else get the damn thing because it's the right to have an original. I mean if sombody else copied that tatt not only the client getts pissed but the artist that created that tatt you know....And this will be the end of that and many paople want to have originals...and if they find out that it's not they get pissed, I know from expreince. I personally will write whomever I have to to stop this thing from being enabled to ruin the artist's rights and originality. For one everybody should have that right, but since freedom isn't free. I guess rights aren't either, am I right I mean the goverment has gone to shit. And us the americans have let it i mean $4.00 per gallon and $2.45 for a dozen eggs $5.00 for a gallon of milk I mean look at what the world has become.....No original art there's no freedom, no rights, and no religion like what the hell this is the shittist thing since you had to stop riding horses to town...Common people stop the treachery already. Get a grip and stop the government from this i mean. If 1/4 the people in america wrote to stop this shit there's no way it would happen but you know what??? We're going to let it happen because we cannot stand together a kill this beast that is taking over anymore!!!!
micheal meese (not verified) | Fri, 04/11/2008 - 00:00 | Permalink
does this effect the artwork of Canadians also??
(not verified) | Fri, 04/11/2008 - 00:00 | Permalink
your forgetting about creative commons. government sanctioned without government control. your still protected all you have to do is slap the right CC symbol up and your good.
Sam Given (not verified) | Fri, 04/11/2008 - 00:00 | Permalink
Hey Mark, This is artist Jon Hul. There may be one effective solution to this...PETTITION! A pettition should be created immediately (using a PDF form), and emailed to the hundred's of thousand's of exsisting artists, making them all aware of the heck is going on with our government on this particular subject!!..."Orphaned Art"...bullshit!! If anybody reads my comment, please elaborate on it, and/or make more suggestions....jump on this now!! Very concerned, and hope everybody else is too!! Jon Hul 04/11/08
Jon Hul (not verified) | Fri, 04/11/2008 - 00:00 | Permalink

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