http://leahy.senate.gov/press/200804/042408e.html

Judiciary Leaders Introduce Bipartisan, Bicameral
Orphan Works Legislation

Leahy, Hatch, Berman, Smith Introduce IP Legislation

WASHINGTON (Thursday, April 24, 2008) – Leading members of the Senate and House Judiciary Committees today introduced bipartisan, bicameral legislation to preserve so-called “orphan works” – works that may be protected by copyright, but whose owners cannot be found. Potential users of orphan works often fail to display or use such works out of concern that they may be found liable for statutory damages, amounting to as much as $150,000.

Legislation to address those concerns was introduced today in the Senate by Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Orrin Hatch (R-Utah), a senior member and former chairman of the panel, and in the House by Rep. Howard Berman (D-Calif.), chairman of the House Judiciary Committee’s Subcommittee on Courts, the Internet, and Intellectual Property and Rep. Lamar Smith (R-Texas), ranking member of the House Judiciary Committee. The bill is co-sponsored in the House by Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Howard Coble (R-N.C.) The legislation would enable users to exhibit orphan works if, after a thorough, documented search, the copyright owners are unable to be located. The legislation outlines the criteria for such a search, and provides for court review to determine if a search has been adequate and done in good faith. If the copyright owner later emerges, the user must pay reasonable compensation to the owner. The bill also includes provisions to further protect owners of these orphaned copyrights, should any user exhibit bad faith.

“This legislation will help bring together potential users and owners of orphan works,” said Leahy. “But also as important, it will allow the public to view works that may remain orphaned. A Vermonter can restore a family photograph from three generations ago, even when the original photographer is no longer available to give permission. With this bill, we can preserve important parts of our personal and national heritage, without giving a free license to infringe on established copyright protections.”

“There are thousands of artistic creations around the country that are effectively locked away and unavailable for the general public to enjoy because the owner of the work is unknown. Identifying the owner of a copyrighted work is difficult in many cases and represents a huge liability to those who would bring the work into the public domain without permission,” Hatch said. “This bill represents a commitment from Congress to unlock orphan works so the general public may once again enjoy them.”

“Too many valuable works are unused because their creators are unknown, and potential users fear excessive liability,” said Berman. “We must act to lower the legal barriers that keep these works from the public.”

“Millions of copyrighted works are effectively ‘locked up’ and unable to be enjoyed by the public due to our current copyright system,” said Smith. “As a result, investments in new works and expositions by libraries, museums and others are frequently not undertaken due to the possibility of lawsuits and large statutory damage awards. By placing reasonable limitations on liability, while ensuring that owners receive compensation for the use of their works, the bills introduced today will help reduce uncertainty and encourage creativity.”

Leahy, Hatch, Berman and Smith have longstanding interests in intellectual property issues, and have introduced copyright legislation in the 110th Congress, including a bipartisan, bicameral bill to reform the patent system.

artsandcraftslaw.blogspot.com/
(This in one hell of a good blog on the issue)
BY A COPYRIGHT LAWYER

Nullification of the Copyright Act of 1976

Artists relied on the provisions of the Copyright Act of 1976 that did not require them to place the copyright notice on their work in order for them to own their copyright. The additional provisions of this bill do not change the language of §401(a). The Act clearly states that “copyright…subsists from its creation.” The Bill does not state that this language will be changed to “copyright…subsists from its creation provided that you register, use the correct search terms, and can pay for it.” This Bill puts a large requirement on individuals to register and use large amounts of financial resources to protect an artistic work.

Economic Impact

A prime example of an impact of this Bill that has not been considered is tourism. Rural Art Communities, Amish Crafts persons, and Artisan Communities will be dramatically affected by this. Most of these communities contain unsophisticated creators that bring about substantial tourism dollars to many economies. At this time, the only manner that many of these works are protected are under the current Copyright Law. Many of these works would be made orphans and subject to mass production. The charm, uniqueness and even financial incentives for creating unique, originals will be gone. The items created by these special creators would readily be available for the mass market without a cost effective and reasonable way for these creators to seek compensation.

H.R. 5889 The Orphan Works Act of 2008

S 2913 The Shawn Bentley Orphan Works Act of 2008

After reading it, it doesn’t look like we’re as screwed as the Illustrators’ Partnership is trying to make it. However, I’m not a lawyer, so the hidden message behind the legalize may say, “Hey Bob, bust out the ‘Rectal Blaster 5000′. We got some artsy fartsy types to f*ck.”

Regardless, it may be worth a few hundred thousand angry emails and letters to Congress to get it stopped.

Comments:

“Orphan Works “will likely be a priority…this spring” for the House Judiciary Committee, writes Andrew Noyes in the National Journal, Feb. 21, 2008

According to Noyes, “American Library Association copyright specialist Carrie Russell said her members are ‘excited about having orphan works legislation’ move this session,” adding that if it does, “’we’ll be dancing in the streets.’” But the article notes that “last time around,” artists did a different kind of dance:”
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00258

Illustrators Partnership posted a followup item.
“Orphan Works – No Myth”
http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00264

So the only way we’ll know for sure is to PAY ATTENTION as things may develop. Always a challange in the notoriously ADHD afflicted artistic community where … OOOOHHHH SHINY!

Right.. Anyway, theres a mail list for info…
Brad Holland
Illustrator’s Partnership
www.IllustratorsPartnership.org
illustratorspartnership@cnymail.com to get on the Orphan Works e-mail list

Banzai, folks.

And while I am on the subject…

©2008 KG/FRS “Samuraiartguy” and all heirs.
All Rights Reserved Forever, you Frakkers…

If congress isn’t going to try to steal our rights as creative individuals, perhaps it’s a ploy (albiet a pretty f’d up ploy) by Mark Simon to increase his readership and the Illustrator’s Partnership to increase it’s membership. They do charge $200/year to be a member and they’d stand to make a substantial amount of money if illustrators freak out and join the IPA hoping for a little added protection to their work. I joined their mailing list (unlike their membership, it’s free) so I’ll still be keeping an ear out for whether we creatives should start to freak out.

Your research skills impress.

What Cowhat Ninja says sounds just like the politics I’m familiar with. The politicians have figured out all the glitches and map exploits, but they’re also in charge of updating the game….

Link to more info:
http://www.sellyourtvconceptnow.com/orphan.html