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Has anyone been paying attention to the Orphan Works legislation before both houses of the US Congress? Have you actually read both bills? What are your thoughts? I oppose both bills and have written my congress members asking them to oppose these bills.
response from my reps...
I received two responses from Senator's Boxer and Feinstein. The email to Congressman Brian Bilbray came back as "unmonitored and undeliverable email address".
Dear Mr. Knighton:
Thank you for writing to me about orphan works copyright legislation. I appreciate hearing from you.
America's copyright industry is one of our most important economic engines, and giving artists the incentive to produce their works is vital to our country. As I am sure you know, the creative process is so important that our Founding Fathers put copyright protection into the U.S. Constitution. That is why I feel so strongly that we must continue to give copyrighted works the protection they deserve.
I understand your concerns regarding the status of orphan works, and I believe that all artists should be able to maintain their right to be compensated for their hard work. Please know that if the Senate considers legislation that affects orphan works I will be sure to keep your thoughts and concerns in mind.
Again, thank you for writing. If you should have any further comments or questions, please do not hesitate to contact my Washington, DC staff at (202) 224-3841 or http://feinstein.senate.gov.
Sincerely yours,
Dianne Feinstein
United States Senator
Dear Mr. Knighton:
Thank you for contacting me regarding S.2913, the Shawn Bentley Orphan Works Act of 2008. I appreciate hearing from you on this issue.
As you may know, "orphan works" are typically defined as copyrighted works whose owner cannot be found. S.2913 seeks to limit damages in copyright infringement cases for users exhibiting orphan works.
This legislation is currently being considered by the Senate Judiciary Committee, of which I am not a member. Rest assured, I will keep your views in mind should S.2913 come to the Senate floor.
Again, thank you for writing to me. Please feel free to contact me again about any issue of importance to you.
Barbara Boxer
United States Senator
Please visit my website at http://boxer.senate.gov
Daniel Knighton
Pixel Perfect Images
(760)730-3224/(858)335-4540 cell
Carlsbad, CA
www.PixelPerfectImages.net
www.MySpace.com/PixelPerfectImages
Daniel Knighton, PIxel Perfect Images
(858) 335-4540 cell
http://www.pixelperfectimages.net
Orphan Works 2008 Really Could Wipe You Out
John Harrington has another really great orphan works blog post today. He creates a mock example of how an image exclusively licensed to one client for a given purpose could end up wiping out the photographer. This is an excellent example of how the orphan works bill(s) could wipe out the careers of photographers.
The basic idea is you exclusively license an image or set of images to a client for a given period of time. During that window of exclusive licensing, someone else finds the image on the internet, does their due diligence to find the image owner and fails, and now uses the image. The client's exclusive license is now in breach because the other party is using the image. The client doesn't care about the photographer. They paid for exclusive licensing. The other party doesn't care about the photographer. They claim they tried to find the owner by following the procedures that are outlined in the orphan works legislation and were unsuccessful. That gives them the right to go ahead and use it.
Read John's blog. He goes into more detail, including a mock conversation between the photographer and client, and between the photographer and infringing party. We all need to continue to hammer our members of congress about the damage the orphan works bills present to the careers of photographers. An entire industry could go to ruins because of this legislation.
Walter Rowe - Rowe ImagesProfessional Photographer
Columbia, Maryland - USA
Founder, MusicPhotographers.net
www.WalterRowePhotography.com
Columbia, Maryland - USA
From a member of the committee
Here's the reply I got from Russ Feingold's office:
May 23, 2008
Mr. James Taylor
XXXXXXXXX
Merrill, WI 54452-3149
Dear Mr. Taylor,
Thank you for contacting me about S. 2913, the Shawn
Bentley
Orphan Works Act of 2008. I appreciate hearing from you.
Senators Pat Leahy (D-VT) and Orrin Hatch (R-UT) introduced
S.
2913 on April 24, 2008. The Senate Judiciary Committee, of
which I am a member, approved this bill on May 15, 2008, by
a
voice vote. S. 2913 now awaits consideration by the full
Senate. I
will be sure to keep your thoughts in mind should the full
Senate
consider S. 2913 or other legislation related to orphan
works.
I also thought you would be interested to know that the
U.S.
Copyright Office has done an extensive study of problems
related
to "orphan works." A copy of this report is available on
line at
http://www.copyright.gov/orphan/.
Thanks again for taking the time to share your views with
me. I
look forward to hearing from you in the future.
Sincerely,
Russell D. Feingold
United States Senator
Jamie "Shooter" Taylor
Photographer
TailWind Imaging
"Do not dwell in the past, do not dream of the future, concentrate the mind on the present moment." -- Buddha
http://www.myspace.com/tailwindimaging
http://tradewindimaging.photoreflect.com
Jamie "Shooter" Taylor
TailWind Imaging
"Away you will go sailin/In a race among the ruins/If you plan to face tomorrow/Do it soon." -- Gordon Lightfoot
http://www.myspace.com/tailwindimaging
http://tradewindimaging.photoreflect.com
a response I received today.
Dear Stacey:
Thank you for writing me. I appreciate your concern on this important matter and am happy to respond.
H.R. 5889, the "Orphan Works Act of 2008" would limit the remedies of copyright infringement if the infringer using a work of art proves that he or she had performed a reasonably diligent search to identify and locate the owner of the copyright, but was unable to do so, or had provided accurate attribution to the author or owner if known. If proof cannot be obtained, then no limitations of remedies are available for the infringer and full copyright infringement penalties may apply.
While it is obvious that the Copyright law needs updating, I simply cannot support a measure that targets or singles out a company such as satellite radio with the intention to shut down the industry as a whole by increasing its fees and negatively impacting its consumers. My position on the Judiciary Committee has given me the great opportunity to advocate technological advances while working to clarify copyright law. I will continue to work with my fellow members of Congress to resolve copyright issues in a way that addresses the interests of both the consumers and the copyright owners.
Again, thank you for contacting me regarding this important issue, and please be certain that I appreciate your thoughts. If you have any more questions regarding this issue, please visit my website at www.chriscannon.house.gov
Sincerely,
Chris Cannon
Member of Congress
Confirmation# 1156079
Stacey: Cannon support's it or not?
Stacey,
Does this letter indicate Chris Cannon supports the Orphan Works bill or does not? This is the same kind of letter I have seen as a response from every other Senator or Representative in Congress. They never tell you their position on the subject.
Walter
Walter Rowe - Rowe ImagesProfessional Photographer
Columbia, Maryland - USA
Founder, MusicPhotographers.net
www.WalterRowePhotography.com
Columbia, Maryland - USA
I agree
Neither of the two responses I received from my Elected Officials indicated which way they lean.
Daniel Knighton
Pixel Perfect Images
(760)730-3224/(858)335-4540 cell
Carlsbad, CA
www.PixelPerfectImages.net
www.MySpace.com/PixelPerfectImages
Daniel Knighton, PIxel Perfect Images
(858) 335-4540 cell
http://www.pixelperfectimages.net