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*pepineros:iconpepineros:

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US Copyright law in turmoil

Journal Entry: Sun Apr 13, 2008, 12:28 AM
  • Mood: Artistic
  • Reading: Articles
  • Eating: stuff
  • Drinking: water

Artists losing rights to their work?
The Orphan Works bill
As you might have picked up somewhere on dA already, the US congress is looking to pass a bill that states you no longer have rights to your work. As it is now, copyright is automatic: if you create a work of art, any work of art, it's automatically copyrighted to you and nobody can do anything with it without your permission. Word has been spread however, the Orphan Works bill makes sure that as soon as you create something, it's no longer yours. Anyone can take it and do with it whatever they want, legally.
Is it really that bad?
Honestly: no, it's not. It's quite logical there's a lot of panic-talk all over dA (deviantART, after all, wouldn't have reason to exist without art on it) but looking at several official sites of the US it doesn't seem as dark as it sounds. Taken from www.asmp.org, the American Society of Media Photographers (direct link: http://www.asmp.org/news/spec2008/orphan_update.php):
"In terms of drafting, we are proposing to limit the scope of the Orphan Works defense to:
1. Uses by individuals for non-revenue producing personal or community purposes, including uses on websites that do not generate revenues for the individuals using the Orphan Works;
2. Uses in works of non-fiction, such as books, articles or documentary films or videos;
3. Uses by non-profit educational institutions, libraries, museums or archives qualified for treatment under ¤501(c)(3) of the Internal Revenue Code as amended
* in exhibits, including website displays, and
* for uses that produce revenues and that are ancillary to exhibits.
In a nutshell, we see little financial harm to creators from the non-profit and non-fiction uses of orphaned images. At the same time, we want to make sure that commercial users of images and illustrations would not be able to use an Orphan Works defense as a free pass to profit from infringements."

Although the ASMP is focused on photography, there's no reason to assume there will be seperate law for visual and any other form of art.
Also, there is this Notice of inquiry from the Copyright office of the Library of Congress. In short, it says:
"The Copyright Office seeks to examine the issues raised by “orphan works,” i.e., copyrighted works whose owners are difficult or even impossible to locate." and "Concerns have been raised, however, as to whether current copyright law imposes inappropriate burdens on users, including subsequent creators, of works for which the copyright owner cannot be located (hereinafter referred to as “orphan”' works). The issue is whether orphan works are being needlessly removed from public access and their dissemination inhibited. If no one claims the copyright in a work, it appears likely that the public benefit of having access to the work would outweigh whatever copyright interest there might be. Such concerns were raised in connection with the adoption of the life plus 50 copyright term with the 1976 Act and the 20-year term extension enacted with the Sonny Bono Copyright Term Extension Act of 1998."
Reading this, I think we're going to be okay. I'm quite sure there will be a lot of hassle before the bill has actually passed the Congress, as there have been quite a few of these (first came up in 2006 and was 'shot down' quite early).
How this affects "us"
As you can see, if the congress is going to act as they state they will in this article (and we have no reason to believe they will *not* do so) people on dA are going to be fine. If you have a work of art on dA, and nowhere else, and any American browses dA and finds your piece of art nice enough to steal, there is your name right at the top of the page telling him it's yours. There's absolutely no way he will get away with claiming "s/he conducted a reasonably diligent search and didn't find the copyright holder". So all I'm trying to say is, don't get all panic-stricken because of a bill that might not even pass Congress; and don't believe everything that's written about it on dA. This of course means you shouldn't believe my journal entry either; so instead I'll just give you links to official places where the definition of an "Orphaned Work" is explained and how the Orphan Works bill is going to affect that. Here we go.
The official website on US copyrights and The article on this website I quoted
A testimony on Orphan Works and the Orphan Works bill on the same website
News on the ASMP (American Society of Media Photographers) website, including a definition of an Orphaned Work
I hope this has been useful; again, don't panic. Even if the bill does pass Congress, it won't be like "Americans can take whatever they want from the web and use and/or sell it", it won't be like "Big Bad American Business takes our stuff to make money with it", but maybe it'll result into less protection for artists' works. That's bad enough already, from the artists' points of view, but well... while there are still not as many artists as there are non-artists (and this is especially true for members of Congress and Reps.) it's gonna be incredibly hard to stop passing of this bill by voting against it. That's called 'democracy', I believe.
Thanks for paying attention; love and :hug:s to all :)



Devious Information

  • Current Age: Nineteen (16th march '89)
  • Current Residence: Boksum, Friesland
  • Interests: Playing guitar, playing tin whistle, being out in the sun, honouring our Celtic heritage.
  • Favourite movie: The Dangerous Life of Altar Boys / American Beauty
  • Favourite band or musician: Omnia / Blind Guardian / Sonata Arctica / many more
  • Favourite genre of music: (power)metal, celtic, some ballads
  • Favourite artist: A lot from dA
  • Favourite poet or writer: Oscar Wilde
  • Favourite photographer: Many
  • Favourite style or digital art: Shiaine's
  • Operating System: Windows xp pro
  • MP3 player of choice: Windows Media Player, VLC
  • Shell of choice: One that produces sound when you blow into it
  • Wallpaper of choice: White or black. Or both.
  • Skin of choice: My own, preferably.
  • Favourite game: The Game! (damn, I lost)
  • Favourite gaming platform: PC, it's just the best.
  • Favourite cartoon character: None standing out, but I like Blacksad
  • Personal Quote: Life's about making mistakes, then making sure not to make the same mistakes again.
  • Tools of the Trade: My laptop, my guitar and the few braincells that still do what I want them to do.

Devious Comments

~alterrnativeWRITING:iconalterrnativeWRITING: 3 days 5 hours ago
yay! :D
that'd be fantastic :)

--
Purity____________
Tracks in the Snow
_________________ jessica marshman.
*pepineros:iconpepineros: 3 days 21 hours ago
the weather is crazy, I agree.. holland is on the sunny side of the street now but after next weekend things are looking down again. so I'll have to get as brown as possible now I've got the chance =P
and yes, I'll be back eventually.. I still feel compelled to finish read Purity. I think I'm just gonna copy every purity-dev into word, change it into pdf, and print it all so I can read it while being outside. that sounds good.

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
~alterrnativeWRITING:iconalterrnativeWRITING: 4 days 5 hours ago
might as well take advantage of the weather
I should be, too... it's really nice out, but it might go crazy like it did last month, when it snowed after a week of twenty-degree weather
well, as long as you'll be back eventually! :D

--
Purity____________
Tracks in the Snow
_________________ jessica marshman.
*pepineros:iconpepineros: 4 days 11 hours ago
hey :) you're correct, I can't say why but I haven't been on dA at all for about a month now... I dunno., I think I need a little break =P plus, the weather over here is too good to be true so I'm not really spending too much time at my pc anyways. But I'll be back :) thanks a lot for stopping by, that's very nice of you ^^

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
~alterrnativeWRITING:iconalterrnativeWRITING: 6 days 18 minutes ago
hey!
long time no... type?
I was sad that I hadn't heard from you in a while... not a journal, a deviation, or anything!
well, just dropping in a little hello!
:aww:

--
Purity____________
Tracks in the Snow
_________________ jessica marshman.
~Rosannatales:iconRosannatales: Apr 22, 2008, 11:25:36 AM
Ey,
Danku:)!
had je mijn naam hier opgezocht?
Nou weet je, die tekening is nog lang niet klaar, en dat zei k ook, Ik wou hem alleen laten zien, en toen zeiden ze al, misschien kunnen we het in the raventimes zetten, maar ik zei al, k ga hem nog in kleuren dus wacht maar.. En ik kreeg maar niks terug. mja:P en toen stond hij erin. Had niet eens schaduw , geen kleur, niks:P....
Maar daar ben k nu af en toe mee bezig, duurt zoo lang..
Liefs.. Rosan

--
[link] Mauw
~KakashiCatastrophe:iconKakashiCatastrophe: Apr 13, 2008, 5:36:54 PM
I made a fan club!
It's called ~LovingMrsLovett

It's for Helena Bonham Carter fanatics :]
More widely known as Bellatrix LeStrange.

Anyway; You should join. Or advertise- or better yet!
You could do both :glomp:

Come on, you know you want to :]

-x0x0x-
Kiya

--
Kiya: Actress, Artist, Writer. Nuerotic, Random, Lovable.
[[Insert Your Undying Love For Me Here]]
:library:
"You never learn anything by doing it right."
-Unknown
~AngelOfAgape:iconAngelOfAgape: Apr 2, 2008, 9:11:32 AM
oh, I realy thanks and invite you to my shape again :)
*pepineros:iconpepineros: Mar 16, 2008, 10:02:05 AM
np :)

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*Aleid:iconAleid: Mar 13, 2008, 11:16:51 AM
kom eraan:)

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 13, 2008, 11:14:28 AM
nah..

waarom kom je niet online? xD ik was net online, zag jou ineens heel hard commenten, ik dacht "die komt zo wel on dus", maar nee hoor.. :(

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*Aleid:iconAleid: Mar 13, 2008, 11:13:01 AM
... beter voorbeeld? =P

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 13, 2008, 11:10:54 AM
^________^

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*Aleid:iconAleid: Mar 13, 2008, 11:10:12 AM
ja. dat was veel te voorspelbaar =P

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 13, 2008, 11:09:08 AM
nee, dat wordt moeilijk. ik zei, "bij de meesten" en jij wilt één voorbeeld.

eeeeh, nou, ik weet niet, eeeeh.. seks? (of was dat dan weer té voorspelbaar..)

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*Aleid:iconAleid: Mar 13, 2008, 11:04:10 AM
nu wil ik een voorbeeld. =P

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 13, 2008, 6:12:05 AM
ik weet niet =P bij de meeste fetish-es kun je behoorlijk onschuldige dingen verzinnen ;)

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*Aleid:iconAleid: Mar 13, 2008, 3:24:11 AM
haha xDD Nou ja, dat is iig onschuldig, lijkt me. xD

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 13, 2008, 12:05:45 AM
haar-fetish!! :D

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*kezbirdie:iconkezbirdie: Mar 12, 2008, 1:40:54 PM
^_^

--
"But to become a freak one needs a strong character and unusual determination."
– George Burchett
*nikkisour:iconnikkisour: Mar 12, 2008, 1:28:00 PM
Thanks for visiting my page :]

--
:blackrose:To the one I love...Prepare to die:blackrose:
*Aleid:iconAleid: Mar 12, 2008, 12:39:32 PM
Ja.. dat is waar.. :) je wordt je er iig bewust van :) En sja, dat hoop ik idd niet xD

--
My fall will be for you
My love will be in you
If you be the one to cut me
I'll bleed forever
Ghost Love Score - Nightwish
*pepineros:iconpepineros: Mar 12, 2008, 12:06:38 PM
np :) a lot of nice stuff up there :)

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*pepineros:iconpepineros: Mar 12, 2008, 12:05:33 PM
and I still looove you for it :heart::aww: how was rome? (I know, you're not back yet, but you'll read this when you are, so.. yeh. =P )

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum
*pepineros:iconpepineros: Mar 12, 2008, 10:25:15 AM
okee, goed punt.

toch is het wel zo dat iets belangrijker voor je wordt als mensen je er lief om vinden. natuurlijk maakt de lengte van je haar vrij weinig uit =P er zullen ook niet heel veel mensen zijn die jou daarom lief vinden.

--
"...for the strength of the pack is the wolf, and the strength of the wolf is the pack..." - Rudyard Kipling
The guitar club: ~guitar-art-asylum