ArtBistro

Orphan Works Bill Should be Abandoned

If you are an artist, illustrator or designer of some sort you have probably received emails from your friends about a Orphan Works Bill. What is the big deal? Why is there so much hysteria around this?

Misnomer

Well, first of all it is a misnomer. The Bill titled the Orphan Works Act of 2008, evokes an emotional response – feeling sorry for a lost work of art. It would also make any work of art an”orphan work” that is not registered. The legislation actually destroys our current copyright law that protects photographers, Illustrator’s, graphic designer’s, and artists’ works against reproduction without permission or payment. Our current copyright law is a piece of legislation that is aligned with other international laws regarding copyright of visual work.

What is the problem?

The problem is that if a work of art’s owner cannot be found, the rights cannot be bought or permission granted to use in in print or film. Unless, of course it is in the Public Domain. The law currently makes it difficult for the images orphaned works to be reproduced. Instead of creating a body that tries to track down the creator and ultimately rules works as orphaned, like is done in Canada, the US Congress is proposing two bills that would drastically effect our current copyright law. One is in the house and one is in the Senate. The end result of these bills as they are currently written would make it very time consuming and expensive for artists to protect their work which is protected as is in the current law. Further more, The 2008 bills are better than the 2006 billnat protecting an artist if their copyright has been violated but still puts the burden on the “little man” to fight Goliath like companies such as Google, Microsoft and others who are in favor of the legislation.

How can I find out more?

I have listed here three web sites that will be helpful. On all of these sites you can download copies of the Bills that were just introduced to the Senate and House of Representatives last week. They are reworked Bills that were defeated in 2006. They are very similar but have differences too. Read for yourself.

illustratorspartnership.org is the largest group of artists opposing the Orphan Works Act of 2008. The most enlightening item is an interview with Brad Holland, a leader in the Illustrator’s Partnership about on the effects of this bill on artists, illustrators and designers. This site has a resource page for visual artists that will give you an artist’s perspective on the pending legislation.

ASMP.org has changed its position on the Bill for 2008 and thinks that it may be able to support the changes. The changes are outlined very clearly there as are an explanation of they support and changes they support to the bills.

What can I do?

You can write your local congress representatives by fax, email and letter opposing this legislation. Find out how to contact them here: http://www.usa.gov/Contact/Elected.shtml

and/or you can join the Illustrator’s Partnership mailing list for updates on the fight against the Bill and soon to drafted letters opposing the legislation. To do this email illustratorspartnership@cnymail.com and place “Add Name” in the subject line, and provide your name and the email address you want used in the message area.

Some organizations say that this Bill is to be fast tracked before the end of this Congress Session others do not think it will come before this session or will simply not pass as many bills are never made into laws.

ArtBistro will keep you updated as to how these pieces of legislation are fairing and what you can do to voice your opinion.