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


As always, it is all about the money. Our government has sold almost all of our rights because of "big business" profits. Our government is one of the most corrupt in the world; they do NOTHING because it's the "right" thing to do or in the best interest of the citizens. They would rather sell out the rights given by that sacred document the Constitution than say no to a few bucks of graft or some golf boondoggle. I am of the firm opinion that this sword, if brought to bear, will cut deeply in both directions. Not only will we, the artists, suffer but the registry company(s) will suffer also; I will make sure I do my part. It's been my observation that you don't screw over highly creative people; they can make you pay in spades - in ways you never anticipated.
Ricky Jackson (not verified) | Thu, 04/24/2008 - 00:00 | Permalink
This is just unconscionable. There would be no reason to create a law like that unless it was to steal artist's work. It's not broken, it works like it does now, the only reason to change it is to force artists to register their work. Who are they to force an artist to register their work? The bad thing is: once this legislation is on the books and an administration is established it is NEVER EVER going away. And they count on artist apathy to not respond, or not respond every time. I'm appalled that main stream media does not report [to my knowledge] about this and that the academic world does not howl in protest in this all too obvious attempt to steal the work of artists. Is there really nothing big interests can't take away from people? The time is more than overdue, people. We -need- a revolution. The system needs to be purged. I will be writing my political representatives. This is an assault on free expression and the rights of artists. And the gall to say that 'it has no value'. We'll take it, because it has no value. And, hey, what do you know: now that 'we' have it, all of a sudden, it DOES have value. Who'da thunk! Revolution! We need revolution. The 1789 kind.
jorge Goreman (not verified) | Wed, 04/23/2008 - 00:00 | Permalink
Concerned Artists should check this out. This is OUTRAGEOUS !!! http://www.furafterdark.com/tour2.html
Concerned Art Student (not verified) | Wed, 04/23/2008 - 00:00 | Permalink
FROM THE ILLUSTRATORS’ PARTNERSHIP April 23,2008 Today the House and Senate sent us draft copies of the new Orphan Works Act of 2008. They haven’t officially released it yet, but we’ve been told the Senate will do so this week. A quick analysis confirms our worst fears and our early warnings. If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the moment you create it. You’ve probably already heard Mark Simon’s webcast interview with Brad Holland. If not, please listen to it at: http://www.sellyourtvconceptnow.com/orphan.html. Then forget the spin you’ve heard from backers of this bill. This radical proposal, now pending before Congress, could cost you your past and future copyrights. The Illustrators’ Partnership is currently working with our attorney - in concert with the other 12 groups in the American Society of Illustrators Partnership to have our voices – and yours - heard in Congress. We’ll keep you posted regarding how you can do your part. Please forward this information to every creative person and group you know. Mr. Holland and Mr. Simon have given their permission for this audio file to be copied and transferred and replayed. For additional information about Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists http://www.illustratorspartnership.org/01_topics/article.php?searchterm=... If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: illustratorspartnership@cnymail.com Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area.
Roberto Ortiz (not verified) | Wed, 04/23/2008 - 00:00 | Permalink
This Simon guy is either a MORON, a LIAR, or just completely misinformed. There is no Copyright Bill before Congress at this time. See this article (which is backed by resources, unlike Mr. Simon's hack of an article...) http://maradydd.livejournal.com/374886.html Mr. Simon get off the internet - there's already too much crappy junk now...
Michael Tumey (not verified) | Tue, 04/22/2008 - 00:00 | Permalink
For anyone who think this issue died in 2006, here is the official .pdf of Congressional testimony given March 13, 2008! http://judiciary.house.gov/media/pdfs/Adler080313.pdf
Glenn Paterson (not verified) | Mon, 04/21/2008 - 00:00 | Permalink
Capitilism is a scary thing, it works well when it works, but our system is far too easily manipulated. The sad thing is, we can all scream and protest and in the end, the money wins. That's a fact of life. We create because we can, and to share that gift with the world. That has to be THE REASON you create, and nothing more. Any compensation acheived is a bonus.
'the lone redneck' Todd Cass (not verified) | Sun, 04/20/2008 - 00:00 | Permalink
alrighty.... now we artist's will be treated to the joy of creative piracy with no recourse but to register our works on a data base that does jack for you without proving parent status of your creative babies in a court room. It's all about censorship. Artists make a colourful target for totalitarian regimes... australia has anti-sedition laws in place. the advent of this miscarriage of creative justice will facilitate the instigation of punitive financial retribution for the privelidge to express yourself. Artworks critical of powerful/influential bodies will be registered by those bodies, pixelcode technology will scan images in media for violations of adopted artworks..... if you persist in demonstrating/expressing your political views by reproducing your work that is now in adverse possession, you will be breaking the law, and will be up for fiscal/legal drama... If you have the option available to register your artwork, and do so, you will have formerly declared yourself as the producer of the work that can then be deemed as seditionist- anti status quo, and will, as such be held legally accountable for it....you won't be able to deny authorship and will be fodder for the Wackenhut system of factoryworking imprisonment that the ceo's of Haliburton have envisioned for dissenters of the future newold world order. yes the litigious pen is mightier than the word, and the paintbrush is a prohibited weapon of mass distraction that needs to be patented by media moguls to curtail its deployment on the battlefield of consciousness. decorate your canvas shields and polish your sculptured clubs, the battle-lines of thought have been drawn, and its an ugly neopostmodernist conflict between abstract democracy's surrealist imposition of tyranny over the sovereignty of individual thought and expression.
matt (not verified) | Sat, 04/19/2008 - 00:00 | Permalink
It would be helpful if there were a petition key on this site like so many other informational sites offer. Where you could send Congress an email about your concerns would make it more effective and increase the letters to the law makers many times over. Best, Frances Morey
Frances Morey (not verified) | Sat, 04/19/2008 - 00:00 | Permalink
This is what happens when criminals have take over our country. Theft will be made legal. If we let them get away with this, where does this madness stop?
Darren Whiters (not verified) | Sat, 04/19/2008 - 00:00 | Permalink

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