Thursday, June 18, 2009

Orphan Works Bill...

Latest update from the Illustrators Partnership…

Hi Guys,

Well after quite a long hiatus for me, and following the doctor’s instructions of taking it a little easier of late, I am adding this latest Blog to my roster to ease my way back into everyone’s web-lives once more.

Before I upload the next instalment of my recollections of my time at Defiant comics in NYC, however, I thought I would just bring this to your attention. I received this as an email last evening and thought you guys needed to see it too.

Just when you think things are going to sorted out logically someone comes along from another planet, the one called “self-importance” which is the next planet to “Haven’t-got-a-clue” to assume the power trip once more.

FROM THE ILLUSTRATORS' PARTNERSHIP

Orphan Works: Back Again6.17.09In Orphan Works Land, no news has been good news, but that's about to change:


http://www.ip-watch.org/weblog/2009/06/11/copyright-holders-acknowledge-losing-battle-for-public-consciousness-at-world-copyright-summit/

US Copyright Register Marybeth Peters told Intellectual Property Watch that orphan works legislation is expected to be introduced within the next 10 days. It is her understanding there may still be some issues in the House version to be resolved, and there are some stakeholders - such as illustrators and other artists - "who are probably going to lobby pretty hard against it."


Peters said this issue is important to her, and the fact it came so close to passing last year is almost bittersweet. "What I hope it isn't ... is it's one magic moment you get" to finally get it passed, then it doesn't happen, she said.

We don't mean to disparage the Register's comments. She's had a long and distinguished career at the Copyright Office. But her statement deserves a reality check. Illustrators are not opposed to an orphan works bill. We're opposed to this bill.

We're opposed because its scope far exceeds the needs of responsible orphan works legislation.

Moreover, illustrators and artists are not the only stakeholders who oppose it. At last count, more than
83 creators organizations are on record against it, representing artists, photographers, writers, songwriters, musicians and countless small businesses.

Last year, we proposed amendments to the Orphan Works Act that would have made it a true orphan works bill. The amendments were drafted by the attorney who was chief legal counsel to the House Judiciary Committee in drafting the 1976 Copyright Act. The amendments were co-sponsored by the Artists Rights Society and the Advertising Photographers of America. They can be found here: http://ipaorphanworks.blogspot.com/2008/07/hr-5889-amendments.html

On July 11, 2008, we submitted those amendments to both the House and Senate Judiciary Committees. In our preamble we wrote this:

As rights holders, we can summarize our hopes for the Orphan Works Act simply: to see that it becomes a true orphan works bill, with no unnecessary spill over effect to damage the everyday commercial activities of working artists. We'd be happy to work with Congress to accomplish this. No legislation regarding the use of private property should be considered without the active participation of those whose property is at stake.

Last year more than 180,000 letters were sent to lawmakers from our Capwiz site. These letters did not come from obstructionists. They came from citizens whose property is at stake. They may lack the resources of big Internet companies and the access of high-powered lobbyists, but last year they spoke. They asked only one thing: that Congress respect their personal property rights and amend this bill to make it nothing more than what its sponsors say they want it to be - a bill that would affect only true orphaned work.

We urge this Congress to listen.

- Brad Holland and Cynthia Turner for the Board of the Illustrators' Partnership

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For news and information, and an archive of these messages:

Illustrators' Partnership Orphan Works Blog:
http://ipaorphanworks.blogspot.com/

Over 83 organizations opposed the last Orphan Works bills, 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.If you received our mail as a forwarded message and wish to subscribe to the IPA mailing alerts, click on the link below, "Join Our Mailing List" and follow the simple directions on the Web Page.

Please post or forward this message to any interested party.

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My next Blog will be definitely be Part 8 of the Dark Dominion series.

But for now, for me, it’s back to work on Hot Wheels.

Until next time have fun!

Tim Perkins…
June 18th 2009

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