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WheelsOfConfusion

Joined: 09 Jul 2006 Posts: 10741 Location: Unknown Kaddath
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Posted: Sat Apr 12, 2008 4:06 pm Post subject: Proposed Copyright Legislation Scares Artists Shitless |
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"Orphaned Works" bill would basically void all existing copyrights registered within the last 34 years, and require any creators of any copyrightable content to register their works through private companies which currently don't exist.
This sort of coercion is currently against US and international law for good reasons. One being the extreme expense in time and money that could ensue, especially for professionals but even for amateur shutterbugs, and the potential for abuse.
Here's the short of it, taken from part of an article in Animation World Magazine:
| Quote: | You could see photos you take of your family and kids, or of a family vacation, used in a magazine or newspaper without your permission or payment to you. You would have to pay to register your photos, all of them, in every new registry in order to protect them. Say the average person takes 300 photos per year (I take a lot more than that). If a registry only charges $5 per image, that is a whopping $1,500 to protect your photos that are protected automatically under the current laws. If there are three registries, protecting your images could cost an amazing $4,500. Not to mention the time it would take to register every photo you take. Plus, you will also have to place your copyright sign on every photo.
That's not including all your art, sketches, paintings, 3D models, animations, etc. Do you really have all that extra time and money? Plus, even if you do register, the people stealing your work can still claim it was orphaned and, unless you fight them, they win. Even if you win, you may not make back your legal fees.
It gets even better. Anyone can submit images, including your images. They would then be excused from any liability for infringement (also known as THEFT) unless the legitimate rights owner (you) responds within a certain period of time to grant or deny permission to use your work.
That means you will also have to look through every image in every registry all the time to make sure someone is not stealing and registering your art. You could actually end up illegally using your own artwork if someone else registers it. DOES ANYONE SEE A PROBLEM WITH THIS?
Do you think the U.S. Copyright Office is here to protect you from this legislation? Think again.
Brad Holland of the Illustrators' Partnership shares his notes from a recent meeting with David O. Carson, general counsel of the Copyright Office.
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.
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Brad Holland interview here. Also on that page is an interview with Spider-Man illustrator Alex Saviuk. Both are professionals, explaining current copyright laws and the changes that the Orphaned Works legislation would bring. These interviews are extremely informative, insightful, and instructional. They also happen to run a bit on the long side, but it's worth the time to listen to the explanations.
This type of legislation is currently being considered in Europe and the US. |
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Puma

Joined: 31 Mar 2008 Posts: 1909 Location: I, er, oh.
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Posted: Sat Apr 12, 2008 4:51 pm Post subject: |
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| I've been looking into this bill, and I don't see the bit that says every copyright of the past 34 years will be voided. But either way, this is a bad, bad thing for artists. |
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Yorick

Joined: 11 Jul 2006 Posts: 11972 Location: A false vacation abdicating in Ohio City
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Posted: Sat Apr 12, 2008 10:40 pm Post subject: |
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Whose bright brilliant idea was this, to try to take away creators' rights? _________________ 88 NPH |
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Bart
Joined: 22 Jul 2006 Posts: 1512
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Posted: Sat Apr 12, 2008 10:55 pm Post subject: |
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| Puma wrote: | | I've been looking into this bill, and I don't see the bit that says every copyright of the past 34 years will be voided. But either way, this is a bad, bad thing for artists. |
All older works of art would probably have to be registered as well. But damn, that's some messed up legislation. "Pay or people will have the right to legally steal your stuff". |
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Puma

Joined: 31 Mar 2008 Posts: 1909 Location: I, er, oh.
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Posted: Sat Apr 12, 2008 11:11 pm Post subject: |
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| Yorick wrote: | | Whose bright brilliant idea was this, to try to take away creators' rights? |
The example given in the official report was someone bringing their parent's wedding photos into a copy shop to be retouched, and being told they couldn't do it because they don't own the copyright on the photo, the photographer does.
Because I'm sure this happens all the time.
I don't know all the intricacies of copyright law, but wouldn't that fall into the category of "fair use" or something.
Back in the real world, image libraries (Getty Images, for example) would be able to claim all these orphaned works for themselves, and would then have the right to sell them. |
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Usagi Miyamoto

Joined: 09 Jul 2006 Posts: 2118 Location: through the rabbit hole
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WheelsOfConfusion

Joined: 09 Jul 2006 Posts: 10741 Location: Unknown Kaddath
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Posted: Sun Apr 13, 2008 2:46 pm Post subject: |
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Hmmm. Reading up not just that link, but the others linked to it.
This one makes a good point about the Illustrators' Partnership, the group Brad Holland basically spoke for in the interview. There's a follow-up here, which basically paints them as working towards the opposite direction I'd like copyright laws to go.
This puts the column in a much less scary perspective. Sorry, folks. I should have done all this looking around before spreadin' the panic.
Urge to move to Canda... somewhat lessened... _________________
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Puma

Joined: 31 Mar 2008 Posts: 1909 Location: I, er, oh.
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Posted: Sun Apr 13, 2008 4:55 pm Post subject: |
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Research is a good thing  |
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Black Kitty

Joined: 11 Jul 2006 Posts: 543 Location: Under your bed.
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Posted: Mon Apr 14, 2008 1:08 am Post subject: |
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Whoo, big scary things! While the situation may not be as dire as we originally thought, I'm still glad I read this - I really need to learn more about copyrighting! ^^;
Thanks, guys. _________________ Live to laugh. |
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Sam

Joined: 09 Jul 2006 Posts: 8567
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Posted: Mon Apr 14, 2008 3:40 am Post subject: |
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| I'm always pleased when something as retarded as this unexpectedly turns out to actually not be true! |
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WheelsOfConfusion

Joined: 09 Jul 2006 Posts: 10741 Location: Unknown Kaddath
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Posted: Mon Apr 14, 2008 4:26 am Post subject: |
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| Sam wrote: | | I'm always pleased when something as retarded as this unexpectedly turns out to actually not be true! |
The fact that it unexpectedly turns out to be not true doesn't say much for our faith in congress. _________________
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Darqcyde

Joined: 11 Jul 2006 Posts: 8366 Location: A false vacuum abiding in ignorance.
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Posted: Tue Apr 15, 2008 11:29 pm Post subject: |
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My mom ran into the wedding picture problem. The photos were her grandparents from 1905, the shop that took them burned down in the 50's. Fast forward to 2005, Wal - Mart:
"I'd like to make copies of these."
"I'm sorry, but those are copy righted unless they are older than 75 years"
"They're from 1905."
"Can you prove this?"
"Um...the shop burned down in the 50's."
"I'm sorry, I can't help you."
She went to Target and they copied it no hassle. _________________
...if a single leaf holds the eye, it will be as if the remaining leaves were not there.
http://12ozlb.blogspot.com |
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Kimberlea

Joined: 20 May 2007 Posts: 138 Location: back in VA
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Posted: Thu Apr 17, 2008 5:06 pm Post subject: |
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| I work in the copy and print department a Staples and we run into this problem a lot too. Our policy (unofficialy) is if it looks like its more than 75 years old we'll give them the benifit of the doubt, but anything obviously more recent has to get a waiver from the photographer. the biggest ones I've seen are grad and school photos and event photos ie. cruse ships |
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Yorick

Joined: 11 Jul 2006 Posts: 11972 Location: A false vacation abdicating in Ohio City
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Posted: Thu Apr 17, 2008 7:19 pm Post subject: |
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This small copy shop I work for doesn't care.
Well, more accurately, we assume people are being honest. Especially since the likelihood of someone tracing a "copyright violation" back to us is very very small. Most of the photos I have to deal with come from laywer offices anyway.
Large-format plans & schemes are often marked with copyright notices. It is generally accepted that copies will need to be made, so no one much cares, and often the person the copies are being made for is either the designer/engineer, the person who requested the plans, or a contractor working for one or the other. It's education law that comes into play here - changing the plans without authorization is a violation that can sink you later. _________________ 88 NPH |
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mouse

Joined: 10 Jul 2006 Posts: 14855 Location: under the bed
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Posted: Thu Apr 17, 2008 10:33 pm Post subject: |
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isn't there some sort of personal use exemption to copyright? maybe it doesn't apply to photos and the like, but i know for scientific papers, you can make a copy for your own use without violating copyright. you just can't pass it out wholesale (and you certainly can't make money off of it). seems like if you want a copy of a picture you paid for, for your own use, that should be OK. _________________ aka: neverscared! |
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