AWN.com | Media Kit | Contact Us | Register | Log in | Forgot Membername/Password?

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.
By Mark Simon | Thursday, April 10, 2008 at 12:00 am
Posted In | Magazines: AnimationWorld
Brad Holland of the Illustrators' Partnership.
Brad Holland of the Illustrators' Partnership

Brad Holland: If a user can't find a registered work at the Copyright Office, hasn't the Copyright Office facilitated the creation of an orphaned work?

David O. Carson: Copyright owners will have to register their images with private registries.

BH: But what if I exercise my exclusive right of copyright and choose not to register?

DOC: If you want to go ahead and create an orphan work, be my guest!

This cavalier and disrespectful dialogue should have you seeing red. Who the hell does he think he is? Carson should be fired and RUN OUT OF WASHINGTON!

None of this could happen with our current laws. Our current laws work and they protect us and our creations.

The only people who will benefit from the copyright law change are those who can't create work on their own or companies who stand to make a lot of money from using our works of art. They make contributions to congressmen, which is why they get what they want. We need to stand up and be heard. Every one of you need to write your senators and representatives. We have to protect our livelihoods. It's that serious.

Plus, the technologies being developed for locating visual art don't work well enough. On March 13, 2008, PicScout, the creators of one of the software applications used in the registries, stated to the House IP subcommittee:

"Our technology can match images, or partial information of an image, with 99% success."

A 1% margin of error is huge when you consider the millions of searches performed for art every day. That means for every million searches, 10,000 images could be orphaned.

Plus, this only takes into account images registered on their system. If you have registered all your work on another system, they won't be searched here and, even though you may have spent thousands of dollars registering your creations, a new or unused directory could orphan everything you've ever created.

This is just one of the many reasons why INTERNATIONAL LAW FORBIDS COERCED REGISTRATION as a condition of protecting your copyright. The United States is about to break international law by making us register our works. The people behind the bill say it's not forced registration, but you won't have any rights unless you register. THIS IS SEMANTICS! Of course, this is forced registration and we can't stand for it!

There are many, many other problems with the Orphan Works legislation. As a creator, YOU MUST understand what is going on.

For additional information on Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists.

This is not something that is going to go away easily. We need to be vocal NOW!

This legislation has been beaten or delayed for the past two years and they will keep trying until it passes. This is no time to be quiet and see what happens. What will happen depends on you. Send e-mails and call your congressmen. Ownership of your own creations depends on it.

Roger Dean sums this up well. "Where are the colleges and universities in all this? Has the whole world gone to sleep?"

GET ON ORPHAN WORKS E-MAIL LIST
To be notified of the latest information on the Orphan Works bill and when to contact your legislators, send an e-mail and ask to be added to the Orphan Works list.

AUDIO INTERVIEW LINK
I have recorded a fantastic interview with Brad Holland of the Illustrators' Partnership regarding this bill and what it means to us as artists. Please listen and learn more about how you may lose ownership of all your art and photos. This article and the recorded interview are available for anyone to use in print or online. Please forward this information to every person and group you know so that we can work together and protect our creations and livelihoods.

Mark Simon is an award-winning animation producer/director and speaker. He speaks around the world on subjects about art, animation and TV production. His copyrighted companies may be found online at www.SellYourTvConceptNow.com and www.Storyboards-East.com. He may be reached at marksimonbooks@yahoo.com.

Portions of this article use information and phrasing provided by the Illustrators' Partnership.

The opinions expressed in this article reflect those of the columnist and do not necessarily reflect the opinions of AWN, Inc. and its affiliates.

« first‹ previous123
Complete AnimationWorld Article Archive ›




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
« first‹ previous…5678910111213…next ›last »

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.