The US Copyright Office wants to hear from artists and others in the art business on how art is being monetized, enforced, and registered under the existing Copyright Act. The information collected from the letters submitted will be used during the Copyright Office purposed five-year pilot program addressing Orphan Works and Mass Digitization. The results from this pilot program will most likely determine what will be included in the new Copyright Act to be sent to Congress for approval. As artists and others in the art industry, we need to tell the Copyright Office how Orphan Works will impact our business if it is incorporated in the new Copyright Act!
Please submit a letter ASAP to the Copyright Office! For information on what to include in the letter and to see an example of a letter, read "Orphan Works - Sample letter to Copyright office" by artist Annie Troe.
Also view "Artists Alert: From the Illustrators Partnership The Return of Orphan Works Part 2: Artists"Letters" to get links to more examples of letters sent to the Copyright Office.
DEADLINE to submit letters to the Copyright Office is 7/23/15 !!!
• What is Orphan Works?
According to "Copyright Office proposes pilot program for extended collective licensing to address mass digitization" report "Orphan Works are works where the copyright owner cannot be identified or located. As the Copyright Alliance observes, this compromises the ability of a potential user to seek permission or negotiate licensing terms. The legislation would apply to all categories of copyrighted works as well as to all types of uses and users who engage in a good faith diligent search. The Office concluded that existing features of the current copyright system, such as voluntary and licensing agreements, best practices documents or the fair use doctrine, do not sufficiently address the legal uncertainty of the mass digitization of protected works."
"The demand for copyright 'reform' has come from large Internet firms and legal scholars allied with them. Their business models involve supplying the public with access to other people's copyrighted work. Their problem has been how to do this legally and without paying artists." is stated by Brad Holland in "The Return of Orphan Works: The Next Great Copyright Act".
• How Orphan Works will Impact Artists
– Brad Holland in "The Return of Orphan Works: The Next Great Copyright Act" states:
"The Next Great Copyright Act" would replace all existing copyright law.
1. It would void our Constitutional right to the exclusive control of our work.
2. It would "privilege" the public's right to use our work.
3. It would "pressure" you to register your life's work with commercial registries.
4. It would "orphan" unregistered work.
5. It would make orphaned work available for commercial infringement by "good faith" infringers.
6. It would allow others to alter your work and copyright those "derivative works" in their own names.
7. It would affect all visual art: drawings, paintings, sketches, photos, etc.; past, present and future; published and unpublished; domestic and foreign.
– To learn more about the impact on artist work if Orphan Works Act is passed by Congress, view the video by Brad Holland "Everything You Know about Copyright Is About To Change - Brad Holland.
Twice, Orphan Works Acts have failed to pass Congress because of strong opposition from visual artists, spearheaded by the Illustrators Partnership. It was the teamwork and support of visual artists all over America calling and writing to their congressional leaders that made the difference.
This is the first step in the once again fight to defeat Orphan Works. Please submit a letter ASAP to the Copyright Office!
Make sure you read the comments to this article!!! Some give additional information and some share horror stories about infringement of their work.
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