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


After reading http://yaoi.y-gallery.net/journal/snover/130570/ this article just makes me laugh. XD
Roxy McSocks (not verified) | Fri, 12/05/2008 - 01:00 | Permalink
Does anyone have information on the current status of this bill? When is it being presented for a vote? We need to be aware and take action ASAP to stop this travesty from going any further. Outrage is not enough; now is the time for action!
A Audiss (not verified) | Tue, 12/02/2008 - 01:00 | Permalink
The Nazis did this to control anti-Nazi propoganda. It was inhumane then and it's inhumane now.
A Bett (not verified) | Mon, 12/01/2008 - 01:00 | Permalink
yes this is an out rage! My works are my works unless i choose to sell them to another for their own profits. To say that anyone can use them for their own gain is poposterious, this is our country and our right to decide what becomes of our own works, be they art, musical, video or photo. This will be just another one of our rights taken from us ie: We The People!! How far can the government go to take our rights away? How much time will go on before we lose the right to not get up in the morning,or procreate when we feel like it? What if one decides to not go to church, or have an abortion because one can not simply afford to raise a child in this stricken economy? This must not be allowed to be passed as law! How many rights will it take to be owned by the government? How many rights do we have to lose to be free?
Ed Phrampus (not verified) | Sat, 10/25/2008 - 00:00 | Permalink
This bill is an OUTRAGE!!!! I cannot believe it has even been considered by people who claim to represent the the people of the United States. How is this even possible? I have started a myspace to oppose the orphan works bill. I am also in the process of getting a rally together to bring awareness to this issue. We have to keep talking about this and getting awareness out there if we want to stop this violation of human rights!
blaire scoutten (not verified) | Fri, 09/19/2008 - 00:00 | Permalink
WTF! This pisses me off beyond belief! I am not about to sit back and let "big brother" (thank you George Orwell) take away my creative freedom & my lively hood! "Damn the man, save the Empire!" (Empire Records) WE MUST band together and stop this before it is put in place! If that doesn't work, we must all band together, rise up against the man and take physical action! Heed my words people, if we do nothing we will all soon regret it! - Dominic A. DeStefano
Dominic DeStefano (not verified) | Tue, 08/19/2008 - 00:00 | Permalink
Hmm, are we exactly sure that this will be passed? I dont think it will because the economy is on the edge, and don forget inflation and gas prices, and all the other stuff. But if it does pass, Im sure there will be rioting somewhere.
Kichee of Posepro.com (not verified) | Sat, 07/19/2008 - 00:00 | Permalink
What are the House and Senate bill numbers - you seemed to have omitted that information?? Peter Kelley St Paul, MN
Peter Kelley (not verified) | Sat, 07/05/2008 - 00:00 | Permalink
This is bullcrap! I try way to hard on my art. How can they allow this? I don't understand. I really don't. It makes no sense. Sometimes, I take up to DAYS on my art and now I won't be able to make a profit off of it? I won't be able to make any living on art anymore because other people can sell it too? For money for them? I hope this is not what it's saying. This is pissing me off. >.>
Haley (not verified) | Wed, 07/02/2008 - 00:00 | Permalink
yea i agree. we all need to come together and do what we can. where do we send the letter?
MIKE PENN (not verified) | Fri, 06/20/2008 - 00:00 | Permalink

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