Orphan Works Legislation

Bonechips

I am a photojournalist with over 35 years experience. Some of my work is parked on SmugMug. I am wondering how SmugMug is going to protect my work if the Orhan Works bill gets passed. This is serious business to any creative individual.

dbd

To get serious state your point.

Bonechips wrote:

I am a photojournalist with over 35 years experience. Some of my work is parked on SmugMug. I am wondering how SmugMug is going to protect my work if the Orhan Works bill gets passed. This is serious business to any creative individual.

The only way we can get serious is if we know what you are concerned about.

What orphaned works bill are you talking about?

What does it do that you object to/think threatens our copyright interests?

What does it do that requires a response from SMUGMUG?

What does it do that will effect members of the SMUGMUG community?

Thank you,

Dale B. Dalrymple
http://dbdimages.com

mrcoons

This http://www.copyright.gov/docs/regstat031308.html would be the legislation in question, I believe.

edit: More information on the subject at http://www.ppa.com/i4a/pages/index.cfm?pageid=544

raptorcaptor

This is not an issue that Smugmug has any control over. The best course of action is for you to start writing to your congressman, and representatives!

dbd

No legislation, still waiting for a point.

mrcoons wrote:

This http://www.copyright.gov/docs/regstat031308.html would be the legislation in question, I believe.

edit: More information on the subject at http://www.ppa.com/i4a/pages/index.cfm?pageid=544

Now that I've read the documents you've provided links to, there seems to be no legislation before the US Congress. Did you read the links before you posted? Do you agree or disagree with any of the content? Which?

Thank you,

Dale B. Dalrymple

dbd

Still no point has been stated.

raptorcaptor wrote:

This is not an issue that Smugmug has any control over. The best course of action is for you to start writing to your congressman, and representatives!

SMUGMUG may have no control over the issue (whatever it may be), but it may be entangled with the issue. One of the issues is what constitues a "good faith search". If a photo can be found by search in SMUGMUG contents, is a search that fails to find the image therefore not a good faith search? What information needs to be searchable from my SMUGMUG uploads to let me claim that a good faith search should have found my image? How do my posted prices affect the amount I can recover from a copyright infringer?

I'm not asking SMUGMUG to address these questions as there is no pending legislation to apply them to. But when there is, this may be an appropriate forum for discussion.

Still, no one has suggested what to write to our congress-critters.

Dale B. Dalrymple
http://dbdimages.com

mrcoons

dbd wrote:

Now that I've read the documents you've provided links to, there seems to be no legislation before the US Congress. Did you read the links before you posted? Do you agree or disagree with any of the content? Which?

Thank you,

Dale B. Dalrymple

You are correct, I should have said "proposed legislation" as this subject was just being discussed by subcommittee last March. I do not see where anything else has occurred on this subject so I don't think it should even be called "proposed legislation". It is just something that is being discussed at this point.

http://judiciary.house.gov/oversight.aspx?ID=427

I would not say that I understand most of what I have read on this subject, let alone agree with it.

raptorcaptor

Some more info on "orphan works"

http://www.ppa.com/i4a/pages/index.cfm?pageid=544

The core of the proposed legislation is that it would become very difficult to protect your copyrighted material, unless it has been registered.

Sam

raptorcaptor wrote:

Some more info on "orphan works"

http://www.ppa.com/i4a/pages/index.cfm?pageid=544

The core of the proposed legislation is that it would become very difficult to protect your copyrighted material, unless it has been registered.

Actually if you research a little further you might conclude it will be difficult to protect your watered down copyright. Registration or not.

Sam

raptorcaptor

dbd wrote:

SMUGMUG may have no control over the issue (whatever it may be), but it may be entangled with the issue. One of the issues is what constitues a "good faith search". If a photo can be found by search in SMUGMUG contents, is a search that fails to find the image therefore not a good faith search? What information needs to be searchable from my SMUGMUG uploads to let me claim that a good faith search should have found my image? How do my posted prices affect the amount I can recover from a copyright infringer?

I'm not asking SMUGMUG to address these questions as there is no pending legislation to apply them to. But when there is, this may be an appropriate forum for discussion.

Still, no one has suggested what to write to our congress-critters.

Dale B. Dalrymple
http://dbdimages.com

" A good faith search" does not mean searching, or browsing on smugmug. It means that if a documentary filmaker, book publisher, or someone wishing to use an image for a publication that they need to make "a good faith search" to find the copyright owner an get their permission to use the photo for their purposes.

dbd

raptorcaptor wrote:

" A good faith search" does not mean searching, or browsing on smugmug. It means that if a documentary filmaker, book publisher, or someone wishing to use an image for a publication that they need to make "a good faith search" to find the copyright owner an get their permission to use the photo for their purposes.

What a "good faith search" is is not yet defined. One proposal is to require registation so that only the official register needs to be searched. That makes the definition easy and requires all seeking protection to register or lose control of their work. But if we want some kind of protection without the limitation of an official register only, how can we define it? Would a Google search satisfy part of such a definition? If so, material from Smugmug that has been indexed by Google could be found in a good faith search. What info would need to be included? Name, address, contact info?

Dale B. Dalrymple
http://dbdimages.com

Sam

I received this today:

FROM THE ILLUSTRATORS’ PARTNERSHIP


Today the House and Senate sent us draft copies of the new Orphan Works Act of 2008. They haven’t officially released it yet, but we’ve been told the Senate will do so this week. A quick analysis confirms our worst fears and our early warnings. If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the moment you create it.


You’ve probably already heard Mark Simon’s webcast interview with Brad Holland. If not, please listen to it at:
http://www.sellyourtvconceptnow.com/orphan.html. <http://www.sellyourtvconceptnow.com/orphan.html>


Then forget the spin you’ve heard from backers of this bill. This radical proposal, now pending before Congress, could cost you your past and future copyrights.


The Illustrators’ Partnership is currently working with our attorney - in concert with the other 12 groups in the American Society of Illustrators Partnership to have our voices – and yours - heard in Congress. We’ll keep you posted regarding how you can do your part.


Please forward this information to every creative person and group you know. Mr. Holland and Mr. Simon have given their permission for this audio file to be copied and transferred and replayed.


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

claudermilk

Thanks for getting me wound up. The more I read on that site the angrier I get. splat:splat:splat

It's becoming more and more obvious that there's some group of people who are looking to make a ton of money or to eliminate costs (yes, thank you captain obvious, but it needed to be said). I'd sure like to find out who....

Sam

Here is a link, where you can download the actual bill.

The Illustrators' Partnership of America

Sam