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05-09-2008, 08:40 AM   #1
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Protect your copyright in the US

Don't know if this is the correct forum but if not please move to appropriate place.
Thanks,
Clarence

IMPORTANT MATTER FOR ARTISTS - ConceptArt.Org News-Brad Holland Interview

Hi everyone,

The email below will be self-explanatory. There is an important issue facing us as artists, related to the copyrights of our works, which corporations wish to control and take at our expense. You could lose ownership of the art you create. We must put a stop to this immediately unless you wish to see others owning and plagiarizing your art.


This is too important to ignore please participate and forward to your others.

http://www.sellyourtvconceptnow.com/orphan/orphan_works_information.mp3

Radio Free Meredith - Six Misconceptions About Orphaned Works

CGTalk - Artist's Rights in Jeopardy MOD EDIT: (Orphan Works Bill)

Artists' Copyrights in jeopardy? Orphan Works Bill - ConceptArt.org Forums

Congress is rushing these bills through to a floor vote. The House will start marking up their version of the bill at 2:00 today; the Senate will do so tomorrow. To try to stop this bill, we first need to slow down the race to get it passed.

FROM THE ILLUSTRATORS' PARTNERSHIP

Take Action: Don't Let Congress Orphan Our Work

We've set up an online site for visual artists to e-mail their Senators and Representatives with one click.

This site is open to professional artists, photographers and any member of the image-making public.

We've provided sample letters from individuals representing different sectors of the visual arts.

If you're opposed to the Orphan Works act, this site is yours to use.

For international artists and our colleagues overseas, we've provided a special link, with a sample letter and instructions as to whom to write.


2 minutes is all it takes to write Congress and protect your copyright:



Legislative Action Center



Please forward this message to every artist you know.

05-09-2008, 08:52 AM   #2
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NPPA also is against these bills.
Long story short bascally if you have a picture somewere without your name on it, a company/person can come bay and use it now without reprocucsion as long as they "tried" to find who took the photo
Gota love it, nothings sacred
05-09-2008, 09:08 AM   #3
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Thanks Clarence for bringing this to our attention. I urge everybody who sees this to visit the links and notify your represenatives.

NaCl(if you lead, the leaders will follow)H2O
05-09-2008, 11:00 AM   #4
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For what it is worth, sending petitions via the web or email is convenient, but if you want to get their attention, do it with a letter. Lawmakers don't pay as much attention to web mail/online petitions because of the fact it is so easy for people to send multiples. Snail mail is a different story. It shows you care enough to take the time and expense to express your views.


Also, be aware that on line petitions bear not legal weight as legal petitions have to be signed and include the signers address.

05-09-2008, 11:15 AM   #5
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OK so what is the problem here?
In Canada, all copyrighted works must be registered.
It's not the same already in the US?

Every 3 months or so i bring a few DVD's with all my pictures on them and register them under Babelphotos....

I am very tolerent on how my work is used. Most will ask if they can use a picture for publicity or something else. I usually say no problem.
I had a nice suprise a few days ago when i saw a van from one of the drivers i take pictures off, completely covered with a few of my pics. This weekend i am taking a picture of that van. I am so proud and happy about it.
05-10-2008, 10:03 PM   #6
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Update on the activities in congress.
ASMP
Looks like the bill in both the house and the senate is still buried in committees. New amendments and a delay in the senate. There is a pretty long list of people who do not like this at all, maybe they will be heard - I doubt it though.

The Elitist - formerly known as PDL
05-11-2008, 12:37 AM   #7
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I read about this a couple weeks ago. Thought I had posted something here about it. Oh well..... Getty and Bill Gates' image company have been trying to get this legislation through for years. As if they don't already have more money than god! I don't like their chances either unless they remove film and video from the 'Orphan' category cause Holliwood will NOT let it happen ever. I will go and hunt some more linkies for folks. It's an important issue for togs on the nth American continent.

05-11-2008, 01:51 AM   #8
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I read an interesting 'study' in regards to how Orphan Works would work when an cleary labelled illustration was used by a tobacco company. It ended up costing the artist over $100,000 in legal fees to fight for her rights. She won under current US copyright laws but under Orphan Works she'd have to prove not only that someone removed her contact info and copyright from the work but who did it. As the tobacco company in question didn't do that, she wouldn't have won her case.

IPA - ORPHAN WORKS RESOURCE PAGE FOR ARTISTS - Look for the links regarding Blue Lady for the abovementioned article.

IPA - Backers of Orphan Works Bill Circulating their Talking Points

Another article regarding the loss of artists rights - Animation World Magazine

I also think it's important to remember the under International law it is illegal to coerce the registration of works. Tho this legislation is being put forward under the thinly veiled auspices of making hostorical works, who's copyright owner has died or cannot be found, available for publication/restoration etc. it wil affect every artist, scupture, cartoonist, photographer, musician and film maker etc. on the planet.
05-11-2008, 01:05 PM   #9
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Read this update:
ASMP

The House commitee is still meeting and presenting amendments and they will be having closed door meetings over the next two months or so. The Senate will be meeting on their bill next week. At this time the ASMP is not suggesting that anyone write letters since the "out of committee" wording is not complete. Once all the interested groups get the final text from the committee's --- then let the letters fly.

The Elitist - formerly known as PDL
05-11-2008, 01:13 PM   #10
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QuoteOriginally posted by KrisK10D Quote
Another article regarding the loss of artists rights - Animation World Magazine
Please read Radio Free Meredith - Six Misconceptions About Orphaned Works about the posting listed above. The guys at Animation World are talking about the 2006 bill which died in committee. They can not read.

The Elitist - formerly known as PDL
05-13-2008, 07:01 AM   #11
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Annnnnnd......

Unless these so called amendments are to narrow the images included under the Orphan Bill to those over say 50 years and that the registration companies will not be run by private enterprise and will be free, and that breeches of copyright will be liable for compensation, it doesn't much matter does it?

The possibility for every image posted to a site like this very forum, to be up for grabs by those who know how to play the law to their own benefit & use, is still there. If you were serious about your art, you'd be more anti-orphan that you appear to be. Being a graphics student I've told absolutely everyone I've come into contact with about this and we're in Australia
05-13-2008, 11:03 AM   #12
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The general rule regarding copyrights, registered or not, is that if they are claimed by the author/creator, they are valid. This claim may be applied retrospectively, but generally would not be the basis for suit or compensation for use if done so.

The general rule: If you don't claim it (due diligence), you don't have it!

If you post it here and don't have at least a digital copyright notice in the exif, you have essentially given the image away.

Steve
05-13-2008, 06:38 PM   #13
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QuoteOriginally posted by KrisK10D Quote
I read about this a couple weeks ago. Thought I had posted something here about it. Oh well..... Getty and Bill Gates' image company have been trying to get this legislation through for years. As if they don't already have more money than god! I don't like their chances either unless they remove film and video from the 'Orphan' category cause Holliwood will NOT let it happen ever. I will go and hunt some more linkies for folks. It's an important issue for togs on the nth American continent.
Getty Images was sold to a hedge company in February 2008, mostly because they were not making much money. Go here:
Thoughts of a Bohemian Blog Archive A big oil slick
It does not look as if the "big three" image suppliers are making much money, nor do they have more money than some unknown deity.

Since you are not in the US, perhaps you should be pestering your parliament to raise issues with the US government. A little nudge from the outside the US just might help.

So rather than frothing around - wait until there is a bill, actually there will be two bills - one from the House and one from the Senate. Both bills - once out of their respective committee's, will have to be reconciled after each body votes. Then the "adjusted" bill must be voted on again and passed on to the President. Also remember, in a few months - virtually all bills will come to a screeching halt as we get ready to elect the next President. During this type of campaign nearly everyone in Congress will also be up for re-election. Summer will be very, very busy - and maybe, just maybe - this effort will die in either one of the committees or it will not find a spot in the schedule. Then again, if the bill is attached to some monetary or other spending issue - it could get vetoed by the President. Stay tuned to the responsible parties - the animation world guy is all worked up over a bill that died in 2006 -- get it -- what he is talking about is dead -- just stay away from the Chicken Little’s of the world.

Oh - and if the bill does get out of committee --- Yes I will be sending some letters, emails to my representatives. I also embed my copyright into the IPTC fields in all my images - just search for copyright and PDL in this forum and you will see my soapbox is well polished.

Please note also - there are no registration companies in the US at present. Getty, Corbis and Jupiter are not registration companies.

The Elitist - formerly known as PDL
05-15-2008, 10:08 PM   #14
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Get ready to warm up the faxes, email programs and buy a bunch of "forever"stamps.

According to the latest from the ASMP - things are starting to heat up. The senate bill is S. 2913.

Click the link in message #9 for the latest happenings.

The Elitist - formerly known as PDL
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