Please take 10 mins to read this piece so you can really understand how this law is going to affect us. This is not just about professionals. ..it will cover amateurs, hobbyists, your grandmother' s hand made quilts...even family photos posted on the internet will be fair game to be "orphan images" and swiped up and used by companies WITHOUT YOUR OKAY.
Again, please read and at the end there is info for an email list
you can join to receive notification of when to start sending your
letters to your congressman.
--------Reprinted courtesy of Mark Simon------- --
*Mind Your Business: You Will Lose All The Rights to Your Own Art
*As you know, I usually handle the subjects in my articles with a
sense of humor. That is not the case this month. I find nothing funny
about the new Orphan Works legislation that is before Congress. In fact,
it PISSES ME OFF!
As an artist, you have to read this article or you could lose
everything you've ever created!
An Orphaned Work is any creative work of art where the artist or
copyright owner has released their copyright, whether on purpose,
by passage of time, or by lack of proper registration. In the same way
that an orphaned child loses the protection of his or her parents, your
If you don't like to read long articles, you will miss incredibly important information that will affect the rest of your career as an artist. You should at least skip to the end to find the link for a fantastic interview with the Illustrators' Partnership about how you are about to lose ownership of your own artwork.
Currently, you don't have to register your artwork to own the copyright. You own a copyright as soon as you create something. International law also supports this. Right now, registration allows you to sue for damages, in addition to fair value.
What makes me so MAD about this new legislation is that it
legalizes THEFT! The only people who benefit from this are those who want to
make use of our creative works without paying for them and large companies
who will run the new private copyright registries.
These registries are companies that you would be forced to pay in
order to register every single image, photo, sketch or creative work.
It is currently against international law to coerce people to
register their work for copyright because there are so many inherent
problems with it. But because big business can push through laws in the
United States, our country is about to break with the rest of the world,
again, and take your rights away.
With the tens of millions of photos and pieces of artwork created
each year, the bounty for forcing everyone to pay a registration fee
would be enormous. We lose our rights and our creations, and someone else
makes money at our expense.
This includes every sketch, painting, photo, sculpture, drawing,
video, song and every other type of creative endeavor. All of it is at
If the Orphan Works legislation passes, you and I and all creatives
will lose virtually all the rights to not only our future work but to
everything we've created over the past 34 years, unless we register
itwith the new, untested and privately run (by the friends and
cronies of the U.S. government) registries. Even then, there is no guarantee
that someone wishing to steal your personal creations won't successfully
call your work an orphan work, and then legally use it for free.
In short, if Congress passes this law, YOU WILL LOSE THE RIGHT TO
MAKE MONEY FROM YOUR OWN CREATIONS!
Why is this allowed to happen? APATHY and MONEY.
Artists have apathy and corporations have money.
We need to be heard in order to protect our incomes, our creations
andour careers. GET OFF YOUR ASS!
That means writing letters to our congressmen and representatives.
That means voicing your opinion about how we need copyright protection,
as we've had since 1976, that protects everything we create from the
moment we create it. This is the case around the world.
However, an Orphan Works bill is also in the works in Europe. I was
speaking recently with Roger Dean, the famed artist of the Yes album
covers, and he is greatly concerned with what will happen if Orphan
Works bills become law.
"This will devastate the livelihood of artists, photographers and
designers in a number of ways," Dean says. "That at the behest of a
few hugely rich corporations who got rich by selling art that they
played no part in the making of, the U.S. and U.K. governments are changing
the copyright laws to protect the infringer instead of the creator.
This is unjust, culturally destructive and commercial lunacy. This will not
just hurt millions of artists around the world.
"On the other side of the coin, what argument will a U.S. court
have with a Chinese company that insists it did its research in China
and found nothing? 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
If an artist whose work is as famous as Roger Dean's is concerned
with this legislation, it should be of great concern for all of us.
The people, associations and companies behind the Orphan Works bill
state that orphaned works have no value. If that were true, no one
would want them. However, these same companies DO WANT your work, they
just don't want to pay for it. If someone wants something, IT HAS VALUE.
It's pretty simple. Some major art and photography associations, or I
should say, the managers of the associations, support this bill. The
reason they support it is that they will operate some of the registries
and stand to make a lot of money. Some have already been given millions
of dollars by the Library of Congress. Follow the money and you will
see why some groups support this bill of legalized theft of everything
you have ever created.
Two proponents of this new legislation are Corbis and Getty Images.
They are large stock photo and stock art companies. They sell art and
photos inexpensively and are trying to build giant royalty-free databases.
Do you see how they could benefit from considering most works of art
in the world orphans? Do you know who owns Corbis? Bill Gates. He doesn't
do anything unless it can make a huge amount of money. Helping you
lose the copyright to your art is big business for Gates.
For years we've heard of Hollywood fighting with China to protect
copyrights and stop the pirating of DVDs. Our government has worked
with the studios to protect their investment.
Our government is NOW WORKING AGAINST US by allowing our own fellow citizens TO STEAL OUR CREATIVE WORKS.
It will be easy for them to get away with it unless we make
Your calls and letters do work. I've seen many instances in which a
single letter made a difference in public policy. Tens of thousands
of calls and letters help even more.
This is not empty talk. I have written letters to my congressmen
and I will do so again. I do what I can to let every creator know about
terrible legislation like this... thus you are reading articles
like this one and you can listen to interviews I've posted online.
CONTACT YOUR LEGISLATOR:
Go to http://www.usa
. gov/Contact/ Elected.shtml to quickly find the
phone number, address and e-mail of every U.S. senator, U.S.
representative, governor and state legislator.
Forward this article to every creator you know and urge them to
take a moment to protect their very livelihood. I am giving everyone the
right to reprint this article in any form to help spread the word to
protect our creative rights.
Instead of sitting around watching TV tonight, TiVo that show,
write a letter and make yourself heard.
Letters to our government officials don't have to be long, but they
should be heartfelt. A good story helps. Tell them who you are, how
this legislation negatively affects you and that you want them to vote
against the Orphan Works legislation. It's that easy!
If you don't, you will have only yourself to blame when you see
other people making money from your art and you don't see a dime.
/Spider-Man/ comic artist Alex Saviuk is also concerned about the
loss of copyright protection. "When I found out all the negative aspects
of the new legislation, it would almost behoove us to want to do
something else for a living," says Saviuk. "If we would have to register with
all the different companies, we would never be able to make a living."
"It would be impossible for me to register all my art," continues
Saviuk. "It would put me out of business."
You can listen to my complete interview with Alex
online. Think this doesn't apply to you? Maybe you don't license your artwork? How about this?
Photos on the internet could be orphaned. With tens of millions of
photos shared online with services like Flickr, Shutterfly and Snapfish,
there is a huge opportunity for unauthorized use of your photos...
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
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
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
*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
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
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
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
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 email to illustratorspartner ship@...
and ask to be added to the Orphan Works list.