with this piece of orphaned writing. JUST KIDDING
Re-posted with permission (seriously!) from - interesting thoughts on the big scandalous froo froo legislation that has everyones knickers in a twist.
Orphan Works You're probably sick of hearing about this on DA, there's basically two camps : "It's a threat!" and "People are over-reacting".
I've stayed out of it whilst doing my own research and I've finally become convinced it IS a threat. My work isn't amazing or super professional, but believe it or not I have had requests from people to use various pieces for commercial work, from brochures to album covers (seriously, I know o.O). When I've quoted my price, they have all backed off. So they have been unhappy to pay even the small fee I've asked for. Now, that's fine, I'd rather my work wasn't used then used for a pittance (which people who find work on DA seem to think you'll sell it for).
With the new Orphan Works act, they wouldn't need to ask me. They could just take it.
Sure, I could put my name on it, but they could just take it off unless I slap a big ol' ugly copyright on it. They only have to say they made a reasonably diligent search for the owner (and "reasonably diligent" isn't defined, so your guess is as good as mine there). And even if you can prove that their using your work without reasonable diligence, you can only ask them for what they would be willing to pay you for the piece, and if you DO take them to court, you're going to have to prove that they didn't make a reasonably diligent search. They don't have to prove they did, as the accuser, you have to prove that. And even then... they would only have to pay you your usual fee, under current law the fines for copyright infringement are up too $150,000.00 - that's a nice big deterrant for commercial rippers. Under the Orphan Works act, the fine is $0, and the onus is on YOU, the artist, to prove they stole the work and didn't try and find you.
So, if this bill passes in MAY, which is not very far off, all of the work on DA, for example, is vulnerable. To protect your work, you'll have to post a nice fat mark over the middle of it with your name/website info, so that no one can just edit it out. Posting high rez/quality images will be a bad idea too.
Further more (it just doesn't end...) this doesn't just apply to DA Artists, it applys to your home movies, family photo's, short stories, diary's, blogs, essays, music, etc etc etc.
Most of us artists who try and make some little money out of our work already struggle, few of us ever really make a full living out of it. We will be crushed by the fee's required to register our work with the privately run registry companies (when you're on a low income, even $5 per work is a lot) which are the solution being proposed by the Copyright office to cover "reasonable dilligent search" requirements. So a lot of small artisans would go out of business.
The impact this bill potentially has is huge, saying it will never happen is silly, because by the time it is passed and the impacts start becoming reality, it's going to be very hard to get it changed or stopped. We need to say no NOW. Doing nothing when potential dangers like this arise is like wandering around in a thunderstorm just because you haven't seen the lightening yet. When it strikes, it will be too late to get to cover.
Please take the time to send a fax to your state and congressional representatives. You can email it, but faxes are better as their a hard copy in someone's hand. Emails are easy to delete. Here is a link to take you to the US House of Representatives and easily find out who you will need to contact - forms.house.gov/wyr/welcome.sh… - and here is a sample letter template for you - eidolon-grey.deviantart.com/ar… - Thanks to www.sellyourtvconceptnow.com/o… for the template.
If the orphan works was SOLEY for libraries and museum use, then I'd be all for it. Unfortunately it's not, it's an open act. And that is what really makes it dangerous. Even if you think to yourself "well, my work isn't all that awesome." this still applies to you, because even though you might think your work isn't worthy of someone considering it for commercial use, someone out there might, and if they do, you loose it.
Thanks for reading through all of this, and if you want to read more, with lots of legal citations and investigation, check out the link below.
Love, peace & chicken grease
If that doesn't getcher gears churning... MAYBE THIS WILL - forum.deviantart.com/community…
Also from Eidolon-Grey - her forum post -
It all kinda goes hand in hand, doesn't it?
RANDOM THOUGHT - GTA IV = further incentive to get your car fixed... Or is that incentive to actually perform the act of GTA to get there? www.wiiloaded.com/Best-Buy-Ann… & us with a broken car...
Shout Out's! in no particular order & somewhat random!
Da clubs, yo!
I forgot what else I'm in... damn this not having a subscription crap.
Also, GIVE ME SOME STAMPS to throw in here. And uh... how does one do that, anyways?