Stop Anti-Free Speech, Anti-Artist, Anti-Journalist Legislation in Congress

[SueZhope]

Please sign this and pass it around!!
Sue Z

FROM THE ILLUSTRATORS’ PARTNERSHIP

A Million People Against the Orphan Works Bill
http://www.petitiononline.com/Stop2913/petition.html

We support this petition. We urge you to sign it. Please forward the link and urge others to sign.
You can help increase the power of the petition by signing your real name and listing your artistic specialties.
If you are not a US citizen, we suggest that you note your country, and state if it is a member of the Berne Convention.

This petition is sponsored by A Million People Against the Orphan Works Bill, a new grassroots group founded by multimedia journalist Steve Lehman on Facebook and Flickr. All people are welcome to participate; it is not exclusive to these websites.

In 1987, Lehman broke the story of Tibetan unrest, later profiled in his award winning book "The Tibetans Struggle to Survive." As a visual artist intimately acquainted with the power of free speech, the protection afforded by the right to privacy, and the critical need for independent voices, Lehman, like the rest of us, is deeply troubled by any national policy that affects artists' control over their works.

Please forward this message to every artist you know.

For additional information about Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists at: http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185

If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: [e-mail] Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area.
______________________________________________________________________________________

[NashVegas]

1. I Signed

As every person here should, IMO.

Imagine a commercial interest filching one of our photos for their "Brand" artwork or what have you, with no compensation to the person they swipe it from.

"I'm a photographer & artist. When I put something online, free of charge, I do not expect to be compensated but even more, I don't expect private interests to pawn it off for profit. This measure can only have a horrible effect on individual expression and community values."

[JeffR]

2. Done.

And thank you.

[Ms. Toad]

3. I would encourage everyone to read the bill.

http://www.thomas.gov/cgi-bin/query/F?c110:1:./temp/~c110J6TvyN:e908:

The provision that concerns me most is that where an infringer establishes that my work is "orphaned" and substantially transforms my work - integrating my work into their own creative work, I am not entitled to an injunction to prevent them from continuing to use my work. That means that one of my photographs could be grabbed and used in an political advertisement for McCain - I would be entitled to reasonable compensation, but not to an injunction to prevent it from being used in that manner.

I am not so wound up about some of the other things folks circulating the petitions are wringing their hands over - but the inability to prevent my creative work being used in a manner that violates my conscience is very troublesome to me.

[SueZhope]

4. Exactly

Ms. Toad

I agree 100% about that part of the bill is horrifying. I also have a problem with many other parts of the bill . I earn my living from licensing my artwork this bill has to many issues as it is written. I have no problem with a bill about REAL Orphan Works.

Thanks to everyone signing and passing it around .

[Ms. Toad]

5. I get to see life from both perspectives

I don't make my living from art, but I do a fair amount of photography and am very conscious about identifying how I am expect my photos to be used. (My daughter's friends who always get a license with their photo CDs from the school play think I'm nuts - particularly since the license lets them do essentially anything they want with the photos, other than exclude others from using them).

I also work for both authors and those who might want to use author's works, crafting agreements setting forth how those works may be used. It is amazing how many works there are out there for which a license cannot be obtained simply because the author (1) doesn't realize s/he has rights so didn't make him/herself identifiable (2) doesn't care who uses the work or how (and believes that simply throwing it up on the internet grants anyone finding the work the right it to use it), or (3) is no longer around to be found. It would be nice if there were some mechanism that could at least start the ball rolling for use of the work - not a termination of the author's right to pop up and put a halt to the use - but significantly lower penalties for relatively innocent use (use after a reasonable search for the author; use of a work found in circumstances that make it appear the author intended to dedicate the work to the public, etc.) when the use of the work is stopped immediately upon notice by the author that the use is not authorized.

I think this bill goes too far - but there is a need for a better balance (and better understanding all around of copyright law).

[SueZhope]

6. I agree it does go to for!

Many people do not understand copyright laws and do not even know their rights.
For years artists, photographers did not have to put their name on anything and automatically they own the copyright, although when they file for copyright they are entitled to many benefits that if they did not file.

The original intention of the bill was directed for " the public good" were libraries, museums, non-profits, would be able to use unidentified art work and photography, etc . This sounds very innocent to many who have not read the bill and who do not earn a living from licensing their
artwork, photography, Etc.

I like the article below , I feel it explains things better than I can.
http://www.theartnewspaper.com/article.asp?id=8022

I agree there should be some law that will protect innocent infringers and help libraries, museums, and nonprofits be able to use TRUE orphan works. The way this bill is being proposed it throws out the baby with the bathwater.