Mind Your Business: You Will Lose All the Rights to Your Own Art
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.
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CkJsdz
It's much easier to unedrtsand when you put it that way!
"If the cost of this is onerous for a U.S.-based artist, what will it be like for artists and small businesses in emergent economies?" "
This really sums it up, we are in a time of unprecedented artistic expression and exposure which has amazing and vast potential in the realm of cultural, socio-political, psychological and philosophical insights and development.
Having said that it is still difficult and expensive for some (all be it talented) artists to buy materials, secure living/working space, internet connection, copyright reg fees, many of whom work 2 -3 jobs to finance the art and then display/ expose it on the internet and after all the sacrifice and hard work they stand only to make small commissions and royalties from print sales etc.
Now if this becomes a realty then there will be no point in bothering, of course people whose artistic urges and genuine creative insights will still try and create work but it will be a select few of "born-rich" people even capable of managing in a system like that:
If your living in a car, working 2-3 jobs and still know that when you've completed this painting etc you'll be donating it and all profits to corporate big wigs and politicians which for the better part cant even understand it, oh and you'll also need to pay them tax for "protecting your rights" against fictional adversaries! twisted twisted stuff!!!!!!
The ridiculous thing is, they will bleed all the creative people so dry that there wont be any art of any substance in this world anymore and they will, like the rivers, forests hack and milk it until it dies then move on to their next unjustified, unearned, undeserved, rape!
You as an artists have within you a natural resource just like water or oil!
why should this particular species see you as anything different!
This is a much bigger issue than some realize.
Crossing my fingers and praying for some common sense, respect, humility and grace in this world, good luck:)
Alakazaam-information found, problem soveld, thanks!
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I am a new viewer and you have provided an excellent piece of information to the viewers of your site .
According to thomas.loc.gov (that's website where you can look up congressional bills), both S. 2913 and HR 5889 were both left hanging in committee.
Lots of anger by some posters, but hey everyone deserves the right to speak their mind.
Thanks for the article,
Draga
Motherfucking american corporations. Motherfucking european union...
Garbage.
The EU have already made sure that a whole herd of small family businesses have been closed down in denmark, because the EU passed rules that control the size of a food business' production area, and the businesses that closed had areas that were too small. Prospering family-owned businesses - some as old as a hundred years old... gone.
We are losing our rights one by one, people, and we're asking for it and welcoming it with open arms... it's fucking time to get off your ass and research the world we live in, pay attention to what's going on, and not take the fucking media's word for anything.
I have never been so pissed off in my entire life... As if it's not bad enough that there are hundreds of millions of pirates out there, who never pay for any of their entertainment, now the people who are supposed to serve US want to make it perfectly legal.
Unbelievable, just unbelievable.
Thanks for your nice and infirmitive article, I am really impressed.
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