US Congress Considers Orphan Works Act

Start sending in those letters

Published on July 8, 2008 By Zoomba In WinCustomize News

Departing from our normally cheery news of cool skins, neat programs and new releases, today I wanted to share with everyone some news that could have a very significant impact on copyright law in the United States, specifically in the area of reusing work by other artists. The US Orphan Works Act of 2008 has two very important aspects that every skinner or digital artist should take heed of:

Artists will need to register their works with an entity designated by the US Copyright Office. This is a reversal of current passive copyright policy where you hold the copyright to a work automatically by virtue of creating it.
Infringement is allowed if the infringer claims that they made a reasonable effort to contact the author of the work. The infringer determines what is a reasonable and diligent effort.

This bill places the entire burden of protecting work and declaring copyright on the artist, and grants wide rights to those who infringe and reuse others art. Even in a case where the original author has registered, and the infringer is shown to not have made a reasonable effort, there is very little allowed under the bill to seek compensation or damages. Your skins here, if not registered with a designated database, could be taken and reused without notice or consent, and as artists you would have virtually no recourse.

I know copyright is very important to many people here, and that's why I wanted to pass this information along to everyone.

For a good summary on the bill currently before the US House of Representatives, go here.

To write to your representative/senator on this issue, go here.

Comments (Page 2)

WebGizmos

on Jul 08, 2008

Guess everyone is going to have to start branding any work they do with contact info to make it impossible for someone to say they couldn't contact the artist. Wouldn't that be just dandy.

Bushman

on Jul 08, 2008

Only in America. Uninformed desk jockey's writing ridiculous laws.
What we need in this country is to get rid of all these old cronies in government wearing colostomy bags that have one foot in the grave and no stake in the future and replace them with younger people that have a clue and care about and understand the present day and have a stake in the future. Until that happens we will be stuck with one outdated law after another that seem to protect criminals more than anything.

I could not have said it any better,

just another example of how screwed up our government has become under Bush and he's lackeys.

Good post here on the front page Zoomba....as you know other people have written about the Orphan Works Act in the forums...this will stay visible longer.

I believe you were one of them Barb, I know you told me about it or visa versa, I don't recall....

zukakog

on Jul 09, 2008

The tax should be very small, maybe $50 a work.

Thinking of my gallery at DeviantArt, I have over 1,000 images...this would be quite a chunk of money to coyright each piece, and would be way beyond my means...

The idea behind copyright is to let the copyright holder make a profit for a limited term. If, after that term is up, the copyright holder still thinks that a profit can be made from the work, then they should be willing to pay a fee to extend the term. If it's not going to generate enough profit to cover the fee, then there's no reason to extend the term.

If you've read Lawrence Lessig's book, Free Culture (free PDF), you might be able to understand the full reasoning behind wanting to register copyrights. I don't believe he's saying that you need to register the first time, but only after the initial term is up. That way people can use others' works to build upon and create more culture. The copyright owner will already have made a fair share of money, but it won't stifle creativity indefinitely. I think that after a 14 year period, as the Founding Fathers set, if a copyright holder wants to extend the copyright for ONE more term, they should register it. I think that 28 years is more than enough.

Here's a lovely little flash presentation that explains it much better than I can. It is the best intro to copyright that I have ever come across.

From the presentation:

1. Creativity and innovation always build upon the past.
2. The past always tries to control the creativity that builds on it.
3. Free societies enable the future by limiting this power of the past.
4. Ours is less and less a free society.

Jafo

on Jul 09, 2008

The idea behind copyright is to let the copyright holder make a profit for a limited term.

That is plain rubbish.

"the idea behind copyright" is for the owner of a property to actually keep that property and not have it stolen from him. Intellectual property, eg. artwork is a tangible object actually NO DIFFERENT to, say, a car.

If you buy a car...and it is thus YOUR PROPERTY...you actually get to KEEP IT. You don't have to do a bloody thing...it's YOURS.

What these eff-wits want is to say...."Hey...your car is yours....but you better pay us for the privilege of saying it's yours...BUT...if you bloody-well park it in your garage just a wee bit too long...anyone who feels like it can hop in and drive off with it...gratis.

Oh....that 'anyone' has to claim they knocked on your door first...to see if you were home...

To put it bluntly in 3 simple words...

NO FUCKING WAY.

vStyler

on Jul 09, 2008

NO FUCKING WAY.

I think it'll fail too.

WebGizmos

on Jul 09, 2008

Hey! I just created a poopy! Anyone wanna claim it!?

APB

on Jul 09, 2008

artwork is a tangible object actually NO DIFFERENT to, say, a car

Artwork and artists: Is more like a father-child, mother-child situation. Most artists see their work as their baby. Many works of art are created with love. Artists should hold the copyright to a work automatically by virtue of creating it. No one should have the right to use other people's "children" freely. An emotional reply.

I guess it will clash with a profit oriented world and a cold, calculated mentality.

teddybearcholla

on Jul 09, 2008

I totally agree....

I guess it will clash with a profit oriented world and a cold, calculated mentality.

Usually being government and big businesses who are only concerned with what goes in their pockets.

I believe you were one of them Barb, I know you told me about it or visa versa, I don't recall

Thank you Ray...

The idea behind copyright is to let the copyright holder make a profit for a limited term.

Bullcookies.....why would an inventor,artist,and anyone who creates something want to make a profit for only a limited time. If something is *selling well* that is a way to make the money to create, invent other things. Paints, brushes, pcs, electricity, and so on all cost money.

If it's not going to generate enough profit to cover the fee, then there's no reason to extend the term.

But I created it, even if there is not profit, it is still mine. I create for the pleasure the need of doing so....for myself....secondly for others, and as a side it would be nice to make a little change now and then( if that will ever come)....but I do not create so someone else can take it and add a circle and call it theirs.

WebGizmos

on Jul 09, 2008

Basically....if I create something for profit....not only would I want to continue to make that profit...but pass it on to my family after I'm gone rather than someone who had nothing to do with it. I'd rather see it destroyed than allow that to happen.

Fuzzy Logic

on Jul 09, 2008

NO FUCKING WAY.

Eloquently put, but my sentiments exactly.

APB

on Jul 10, 2008

There is nothing wrong about making profit with a good heart, instead of making profit hurting the rights of others.

zukakog

on Jul 11, 2008

I consent that the part about profit isn't explicitly listed in the constitution, although from the studies I have done, it seems an obvious reason to grant a temporary monopoly to the author/inventor. Those who appear to be offended by the mention of a limited term should refer to the U.S. Constitution.

Article I, Section 8, Clause 8 of the United States Constitution:

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

emphasis added

Fuzzy Logic

on Jul 11, 2008

Sorry mate, don't give a f*** about the US Constitution, it doesn't apply to 99% of the world

kenwas

on Jul 11, 2008

I did a post about this in May and was pretty much slammed for being a fear monger and unnecessarily scaring people (https://forums.wincustomize.com/?aid=311368)....ahh well such is life in the big city.

TheCatsMeowMix

on Jul 11, 2008

I guess I'm going to have to put my little cat signature on any wallpapers I decide to submit... I agree with you that everyone might have to start branding their works. I really hope WinCustomize... DeviantArt...etc. won't end up eventually shutting down because of this sooner or later.

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