| Orphan Works bill is NOT DEAD!! |
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Despite how some news organizations spin the story of the Senate's recent passage of the Shawn Bentley Orphan Works Act of 2008 on September 27, it seems contradictory that some should be saying the issue is dead. Not so fast. In the U.S. legislative process, both chambers must agree on a bill before it becomes law. The Senate recently passed their version. The House now has two practical options at this late date: to do nothing, thus killing the bill for this session; or take the easy way out and adopt the passed Senate version as THE law. We DO NOT want this to happpen, and neither do you. The House bill will be just as damaging to the economic life of small, independent creators. Both bills are bad for artists of any discipline, amateur or professional!
FROM THE ILLUSTRATORS' PARTNERSHIPOrphan Works: Not Dead Till It's Dead10.1.08Wired Magazine has posted an article: "'Orphan Works' Copyright Law Dies Quiet Death" http://blog.wired.com/27bstroke6/2008/09/orphan-works-co.htmlWell, we can hope. But we're dealing with a.) a fluid situation in Washington; and b.) special interests determined to pass this bill. So our assessment:It's not dead till it's dead.According to our DC sources, the most efficient way for Congress to pass this bill now would be for the House to scrap their own version and adopt the Senate's. There are procedural ways they can do this. Some say they will; some say they won't. It's enough to know they can.There are special interest groups promoting the House bill now: big stock houses, for example, like Getty and Corbis, and groups working with them. They want an infringer-friendly "dark archive," a privately-owned "entity" sanctioned by the Copyright Office where infringers would file a notice of intent to infringe a work. Since artists would not have access to this dark archive, the "sanctioned entity" would be of no use to us until our work has been infringed and we've filed a case in federal court. And then it would mostly serve the interests of infringers - letting them prove in court they had done the minimal necessary paperwork before they infringed. The important thing to remember about the House bill is that there is no protection for artists in it. It would simply give more middlemen a chance to profit from this gutting of copyright law. We know it's hard to ask Congress to focus on copyright law with a financial crisis looming. But we didn't pick this fight and it's our rights at stake if we don't. There is no national emergency for orphan works that requires Congress to pass this bill - which was drafted in secret - in the dark of night. Please contact your House Representative today. Tell them not to pass the House bill. Tell them not to adopt the Senate's. - Brad Holland and Cynthia Turner, for the Board of the Illustrators' Partnership TAKE ACTION: EMAIL CONGRESS NOWhttp://capwiz.com/illustratorspartnership/issues/alert/?alertid=11980321
Please post or forward this message immediately to any interested party._______________________________________________________________For news and information: Illustrators' Partnership Orphan Works Blog: http://ipaorphanworks.blogspot.com/ Over 75 organizations oppose this bill, representing over half a million creators. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses. U.S. Creators and the image-making public can email Congress through the Capwiz site: http://capwiz.com/illustratorspartnership/home/ 2 minutes is all it takes to tell the U.S. Congress to uphold copyright protection for the world's artists. INTERNATIONAL ARTISTS please fax these 4 U.S. State Agencies and appeal to your home representatives for intervention. http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00267 CALL CONGRESS: 1-800-828-0498. Tell the U.S. Capitol Switchboard Operator "I would like to leave a message for Congressperson __________ that I oppose the Orphan Works Act." The switchboard operator will patch you through to the lawmaker's office and often take a message which also gets passed on to the lawmaker. Once you're put through tell your Representative the message again. If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area. |
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