May 19, 2008

Update: Orphan Works

Attention everyone! That which we thought might happen has happened. All that was seemingly good (at least better) about the new version of the Orphans work bill in Congress right now has been stripped of all protective measures for the copyright holders. As such ASMP has reversed its position and is now, along with APA asking people to write to their representatives to have the bill stopped. To find contact information for your representatives go here. For a sample form letter to send either electronically or conventionally go here. I know that I personally have already taken action and sent both of the senators for Ohio letters urging them to not pass this legislation as it stands. I hope and urge you to do the same. This legislation has no protective measures; no redeeming quality of any kind; and this bill should not be allowed to pass.

Posted by feinknopf at 02:55 PM | Comments (0)

May 07, 2008

A new version of "Orphan Works" in Congress

If you don’t already know there is a new version of the “Orphan Works” law back in Congress. It’s hard, as a creative professional to know where to stand and what side to take on this law. It seems as though it’s splitting our industry in two. APA in conglomeration with other groups has drawn up chain letters that you can read and send to your representative here, also posted on this page are links to information on the law. While APA is against it, ASMP has taken the stance that while the law isn’t perfect it’s far more conciliatory than the 2006 law. Upon viewing the differences (which you can do here)between the two they’ve taken the position that we should be happy with what it is that we got because if we fight it will probably get worse, in terms of the preservation of our rights.

It’s hard to know where to stand on this, all we can do is read the information that’s available to us, and then try and decide where we think our better interests lie. So in the interest of public knowledge we have decided to post the links available to us as members of both organizations. Please take the time and read the information before making up your mind.

Posted by feinknopf at 12:21 PM | Comments (0)

May 15, 2006

Orphan Works

As active participants in the photographic community, we find it necessary from time to time bring to attention issues concerning our profession. For those of you who may not already be aware, a new challenge has arisen that concerns the entire creative community and photographers in particular. This issue stems from the development of what has become to be considered Orphan Works.

As ASMP defines it, "...Orphan Works are works potentially subject to copyright infringement where the copyright owner cannot be located." For photographers, these often occur on websites that rarely credit the artist. Such works pose a threat to the creative community when a potential user wishes to obtain a license to a piece of work but no owner can be found. The problem with these comes from the recent developments in Congress and the Copyright office. After a proposed investigation, the Copyright Office has put forward a report and a suggestion to amend the Copyright Act to help deal with Orphan Works. To view the report and proposed legislation, go to www.copyright.gov/orphan. The amendment is on page 133.
The main challenge to photographers and visual artists stems from the fact that there is no viable way yet to search for images using image-recognition software (the best option that we know of to search for infringements of your own work is PicScout.com). The Copyright Office has no visual database (and apparently has no intention of creating one) and still relies on names, titles, and registration information. This process is virtually useless when one is trying to research an image of unknown origin.

Proponents of the amendment, backed by major software publishers, book publishers, and record publishers, and the likes of Microsoft and Google, argue that the suppression of such works will stifle creativity. Examples of the uses of such works could potentially be filmmakers looking to adapt long lost novels or museums trying to publish works within their own libraries.
Opponents, who have been working with the Copyright Office in public roundtable discussions and closed-door meetings, include such groups as the ASMP, PACA, and PPA. These groups argue that such legislation could spell out a "disaster of biblical proportions (ASMP)" for creatives' rights.

Information for this entry was taken from:
ASMP Bulletin, Spring 2006. "Orphan Works momentum continues to build" by Victor S. Perlman
Visit ASMP on the web.
Photo District News magazine, May 2006. "Photo Groups Alarmed by 'Orphan' Copyright Proposal'.
Visit Photo District News online.

Posted by feinknopf at 11:06 AM | Comments (0)