Orphan Works Legislation

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2ner
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Orphan Works Legislation

Post by 2ner »

Proposed Orphan Works legislation in US congress would dramatically change copyright law and your own rights to your own creations. I think all artists need to defend their rights now. Read for yourself.

Link to post at CGTalk:

http://forums.cgsociety.org/showthread. ... ource=cgta

An informative 3 page article at AWN by Mark Simon:

http://mag.awn.com/index.php?ltype=page ... le_no=3605

This is serious.
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heyvern
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Post by heyvern »

This is a very recent urban myth. It is not true. All the concerns people have are totally unfounded. Copyright law still exists and can't be thrown out with new legislation.

One guy wrote a blog about something from 2006 and blew it all out of proportion. He didn't really read the nearly 3 year old legislation and misquoted a lot of it making it sound ten times worse than it really is.

There is another thread here somewhere that covers this whole topic. You can keep an eye on it but don't worry about it. The sky isn't falling. No one should lose sleep over this.

-vern
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slowtiger
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Post by slowtiger »

Uhm, I beg to differ. In the light of recent developments in international law I'd advise to take this serious. The author answers most questions in http://mag.awn.com/?ltype=pageone&article_no=3615.

Even if there's no actual attempt on this right now, it's clear that "Them" will try again and again.
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heyvern
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Post by heyvern »

I don't believe any of it.

This guy was called a "loony" by a lot of people... of course he wants to keep his reputation intact by responding. This new article is more of the same argument. This is someone trying to stir up controversy for his 15 minutes of fame. It's being blown out of proportion. THE BILL DOESN'T EXIST YET! He admitted that himself. NO ON KNOWS WHAT'S IN IT.

There is no way they are going to take away every artist and photographers right to make a living. There is no way in a million years this nightmare scenario will come to pass.

IT IS LUDICROUS!

I will stand by these words.

This is a public statement. Mark my words.

Check back in '09... or '10. When all the artists are on the streets broke and homeless because they can't sell any of their work because it becomes free the minute it's created...

... only then will I believe it. Do you really think that will happen?

Can you imagine that crazy bizarro world? No one owns their own work? Someone could steal Disney work and only have to pay a small fine. Or steal Pixar characters and say they couldn't find them on a registry. (this bill would apply to EVERYONE not just the small guys).

It's laughable.

This discussion should be moved to miscellaneous chit chat but I'll hold off for now and see how far it goes.

-vern
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synthsin75
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Post by synthsin75 »

While I don't believe the sky is falling, I don't think this should be shrugged off either. Disney and Pixar definitely have the funds to prosecute violators, while the little guy often doesn't. I don't think that this would put artists on the street, but it could force them to relinquish their intellectual rights to an employer who can afford to protect their work.
Basically it could weed out freelance competition.

Luckily I don't earn my living through art.
blacksunproject
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Post by blacksunproject »

heyvern wrote:I don't believe any of it.

This guy was called a "loony" by a lot of people... of course he wants to keep his reputation intact by responding. This new article is more of the same argument. This is someone trying to stir up controversy for his 15 minutes of fame. It's being blown out of proportion. THE BILL DOESN'T EXIST YET! He admitted that himself. NO ON KNOWS WHAT'S IN IT.

There is no way they are going to take away every artist and photographers right to make a living. There is no way in a million years this nightmare scenario will come to pass.

IT IS LUDICROUS!

I will stand by these words.

This is a public statement. Mark my words.

Check back in '09... or '10. When all the artists are on the streets broke and homeless because they can't sell any of their work because it becomes free the minute it's created...

... only then will I believe it. Do you really think that will happen?

Can you imagine that crazy bizarro world? No one owns their own work? Someone could steal Disney work and only have to pay a small fine. Or steal Pixar characters and say they couldn't find them on a registry. (this bill would apply to EVERYONE not just the small guys).

It's laughable.

This discussion should be moved to miscellaneous chit chat but I'll hold off for now and see how far it goes.

-vern
No myth bro, check it out,

http://capwiz.com/illustratorspartnersh ... d=11349111
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heyvern
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Post by heyvern »

Please read this before getting all scared and crazy.

http://rapponthis.blogspot.com/2008/04/ ... n-not.html

This guy is an Intellectual Property Attorney. He knows what he's talking about because he went to school and got a degree and everything. He is as reliable as any of the other nut jobs.

I've found a bunch of articles just like this one from EXPERTS IN COPYRIGHT LAW AND INTELLECTUAL PROPERTY LAW. I believe them before I believe some other nut with no legal training.

And read this as well (scroll down to the Orphaned works act blogs):

http://maradydd.livejournal.com/

(Take note of what is said about the REVIEW OF THE BILL... It is the REVIEW that everyone is jumping on. The review is just a small short description of the bill... IT IS NOT THE BILL ITSELF. YOU MUST READ THE DANG BILL.)

You guys are jumping on a bandwagon based on chicken little screaming that the sky is falling. You have no more information than what you read from a questionable source on the internet...

... the same internet where there are get rich quick schemes and rich African Princesses with millions of dollars to give away for free. If you believe this story why not buy some "enlargement cream"?

I just don't understand why everyone believes the BAD STUFF and just throws out the intelligent and thoughtful research that goes into explaining the FACTS. You WANT to have it be bad so you can jump up and down.

I don't. I want to know the truth not the rumors.

This is a viral story that is spreading like crazy. It is blown out of proportion and misinterpreted. This story is turning into a processed meat product. It is nonsense spreading like a virus. People passing on the links without doing ANY vetting or research.

Look at ALL the facts. Look at both sides of the issue.

-vern
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robj
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Post by robj »

Hey Vern,
This guy was called a "loony" by a lot of people
and
as any of the other nut jobs.
and
You have no more information than what you read from a questionable source on the internet...
I am doing my research ... and that is what others should do as well. That is why Mark is bringing all of this "information" to light now so that those with a vested interest, not a lawyer who "went to school and got a degree and everything", but someone with something to lose can act before its too late and help quash this legislation.

Mark Simon is a reputable artist in the industry who owns his own successful business doing storyboards and whatnot for the film and animation industry, has written several weel read reputable books, and is a re-occurring columnist for AWN. Do your own research before you start throwing names around about reputable people in the industry that are only trying to alert his fellow artists to what could happen if we keep blind to the "facts".

Yes please, do your research.

Rob
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synthsin75
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Post by synthsin75 »

Can someone find an article pro Orphan Works legislation that doesn't resort to name calling???

The guy on AWN still seems more credible. All of the opposition to his article seems to be mostly people trying to hop on his coattails.

What I haven't seen mentioned is the fact that, no matter how well intentioned, any similar legislation will deprive working artists of new work in favor of reusing old 'orphaned work'. Mmm, pay an artist for new work or reuse old works for free. Decisions, decisions.
:wink:

As far as historians and archivists, well any copyright holder will be dead in at least 100 years. I don't see the problem. :?
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heyvern
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Post by heyvern »

... not a lawyer who "went to school and got a degree and everything", but someone with something to lose can act before its too late and help quash this legislation.
The lawyer in question SPECIALIZES IN ARTIST COPYRIGHT CASES. That is his specialty. His CLIENTS are ARTISTS. He has a vested interest in this. His clients are ASKING HIM for advice.

If you read the blog he wrote he doesn't say it is all a perfect picture. He is honest that NO copyright laws are EVER perfect. You the owner of your work must still be diligent about protecting it.

There will always be people trying to take what isn't theirs. Just get the facts straight.

The proposed orphaned works act is NOT an attempt to steal anything. It is a way to help share history and make it easier to make truly orphaned works available to everyone.

You guys are jumping on the side of hysteria instead of reason.

The person who started this whole thing with that original article is NOT a lawyer. He is not an expert in copyright law. He pulled a few misquoted elements from a small review segment of the bill and is getting everyone riled up.

The only research I see being done is just reading more of the same misinformation that is being passed on from other misinformed people. All of this scary stuff is not good. You are perpetuating misleading and INCORRECT information as if it were a fact.

I am done with this discussion. It's over for me. You guys can go call all the politicians and scream and moan. If the orphaned works bill gets passed it won't change anything really... I am absolutely 100% certain of this. I am not worried in the least.

Right now it is just as easy to have your work stolen. Do any of you check the internet every single day to see if your work is being used without your permission? I bet not.

I assure you that if it happens in the future you are still going to be protected.

This is a bunch of screaming and yelling over a non issue.

-vern
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robj
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Post by robj »

Hey Vern,
The person who started this whole thing with that original article is NOT a lawyer.
No, but he has consulted lawyers which he cites in his articles detailing their professional opinion concerning this.
He is not an expert in copyright law.
No, but he has consulted experts in copyright law as to their qualifie opinions.
He pulled a few misquoted elements from a small review segment of the bill and is getting everyone riled up.
And No again ... he has exposed the entire proposed bill and uncovered the negative impact hiding within all the legalese that could expose all artisits if this legislation were to pass.
I am done with this discussion. It's over for me. You guys can go call all the politicians and scream and moan. If the orphaned works bill gets passed it won't change anything really... I am absolutely 100% certain of this. I am not worried in the least.


Great ... I'm happy for you. Telling others that they shouldn't be concerned is your opinion, not a forgone conclusion. Mark is trying to arouse awareness, and I for one am glad he has. Others should do their own research and come to their own opinions.

Rob
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