Comments on: Good timing: New draft orphan works legislation released http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/ Multi-Purpose Librarian Wed, 09 Jul 2008 11:02:10 +0000 http://wordpress.org/?v=2.5 By: Pat Byrnes http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-157 Pat Byrnes Thu, 12 Jun 2008 20:53:00 +0000 http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-157 The bill explicitly states, in §514(e): "(e) Copyright for Derivative Works and Compilations- Notwithstanding section 103(a), an infringer who qualifies for the limitation on remedies afforded by this section shall not be denied copyright protection in a compilation or derivative work on the basis that such compilation or derivative work employs preexisting material that has been used unlawfully under this section." That means that an orphan work can be absorbed into an image bank to be resold or licensed through derivative works, and the image bank can claim copyright protection on it, even if other works it claims that way have been acquired fraudulently. Given that Google and Corbis are lead proponents and architects of the bill, and are positioning themselves to be among the first databases, the very ones who will first discover that a work is "orphaned", they stand to profit if your work is orphaned. I am one of those "angry artists", but not because I read either side's propaganda. I am angry because I have read the law and understand it. My advice to artists is to skip all the debate and simply read the law, including all the referenced and related law. See if it doesn't make you angry. The bill explicitly states, in §514(e):

“(e) Copyright for Derivative Works and Compilations- Notwithstanding section 103(a), an infringer who qualifies for the limitation on remedies afforded by this section shall not be denied copyright protection in a compilation or derivative work on the basis that such compilation or derivative work employs preexisting material that has been used unlawfully under this section.”

That means that an orphan work can be absorbed into an image bank to be resold or licensed through derivative works, and the image bank can claim copyright protection on it, even if other works it claims that way have been acquired fraudulently. Given that Google and Corbis are lead proponents and architects of the bill, and are positioning themselves to be among the first databases, the very ones who will first discover that a work is “orphaned”, they stand to profit if your work is orphaned.

I am one of those “angry artists”, but not because I read either side’s propaganda. I am angry because I have read the law and understand it. My advice to artists is to skip all the debate and simply read the law, including all the referenced and related law. See if it doesn’t make you angry.

]]> By: Molly http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-82 Molly Mon, 05 May 2008 15:05:54 +0000 http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-82 Britt, I understand that you are very upset about the orphan works bills, but it is clear to me from your comments that you still haven't actually read them. You are simply regurgitating Brad Holland's propaganda. If you continue to leave comments without reading the legislation, I will start marking them as spam. You have had your say here. Britt, I understand that you are very upset about the orphan works bills, but it is clear to me from your comments that you still haven’t actually read them. You are simply regurgitating Brad Holland’s propaganda. If you continue to leave comments without reading the legislation, I will start marking them as spam. You have had your say here.

]]> By: Britt Griswold http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-79 Britt Griswold Fri, 02 May 2008 13:25:22 +0000 http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-79 You claim the the "LACK OF IDENTIFYING INFORMATION" language is enough to protect Artist rights is completely nullified for practical enforcement purposes by other provisions of the bill that provide extremely easy defenses for those that wish to break infringement laws. Without a really big stick in court cases, artists and defenseless in being able to practically (re: economically) defend their rights. This legislation removes the really big stick. Also, almost all my clients are non-profits. By eliminating penalties for them, the law would eliminate all leverage for me to have them comply with copyright law and fair compensation for the art they used and the lawyer fees I incur to track them down and take them to court. The simple defense offered in the law for all reasonably smart infringers nullifies my ability to bring them to justice. You claim the the “LACK OF IDENTIFYING INFORMATION” language is enough to protect Artist rights is completely nullified for practical enforcement purposes by other provisions of the bill that provide extremely easy defenses for those that wish to break infringement laws. Without a really big stick in court cases, artists and defenseless in being able to practically (re: economically) defend their rights. This legislation removes the really big stick. Also, almost all my clients are non-profits. By eliminating penalties for them, the law would eliminate all leverage for me to have them comply with copyright law and fair compensation for the art they used and the lawyer fees I incur to track them down and take them to court. The simple defense offered in the law for all reasonably smart infringers nullifies my ability to bring them to justice.

]]> By: Lisa Shaftel http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-47 Lisa Shaftel Wed, 23 Apr 2008 18:20:31 +0000 http://mollykleinman.com/2008/04/22/good-timing-new-draft-orphan-works-legislation-released/#comment-47 Dear Ms. Kleinman, The drafts of this bill were released yesterday to the people and organizations who have been working closely on the bill. The emails were sent by House and Senate staffers with a confidentiality statement. The bills will likely be officially released April 24, 2008. Before that, they are not "official" and should not have been disseminated by you or anyone else. Shame on you. By the way, the Statement Of Use prior to use has been a requirement that the Graphic Artists Guild and the American Society of Medial Photographers have been pressing for. It is not related to the 2005 Comment Letter by Mr. Bernard and Ms. Kornfield. Sincerely, Lisa Shaftel National Advocacy Chairperson Graphic Artists Guild www.gag.org Dear Ms. Kleinman,
The drafts of this bill were released yesterday to the people and organizations who have been working closely on the bill. The emails were sent by House and Senate staffers with a confidentiality statement. The bills will likely be officially released April 24, 2008. Before that, they are not “official” and should not have been disseminated by you or anyone else.
Shame on you.
By the way, the Statement Of Use prior to use has been a requirement that the Graphic Artists Guild and the American Society of Medial Photographers have been pressing for. It is not related to the 2005 Comment Letter by Mr. Bernard and Ms. Kornfield.

Sincerely,
Lisa Shaftel
National Advocacy Chairperson
Graphic Artists Guild
http://www.gag.org

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