Artists, Beware

My neighbor, photographer Alice Garik, let me know about this troubling issue and included the links to help prevent this Orphan Works bill from moving forward.

Here's what she explained to me:

The way this bill reads is that all artists to maintain their copyright will have to register it, not with the copyright office, but with private entities, which we can only assume will be for profit organizations. Also, anyone can take a work of art, copy it, transform it for their own purposes and claim that they tried to contact the artist and failed. The onus of proof is on the artist to claim that they were "easy" to find. This means that other people, not the artist, may profit from an artist's work and use that work for advertising, for example, all without the artist's
permission. It is complicated, but this is the gist of it and why so many artists' groups from visual to writers to musicians are against it. In the attached note from APA is a link to the 70 organizations that are against this legislation. Please check this link out.

The original purpose of this new law was to give permission to libraries and educational institutions to quote and use art and writing and music for educational purposes. This is an already protected right given by current copyright law. What has been added to it literally will cost artists both their art and their livlihoods.

To Act:

ORPHAN WORKS ACTION NEEDED NOW
RISKING OUR NATION'S COPYRIGHT WEALTH
EMAIL YOUR REPRESENTATIVES
9.26.08

THE SENATE HAS PASSED THEIR ORPHAN WORKS BILL (S2913)
For those who heeded the call to action this afternoon to try to stop the Senate from "hotlining" the bill, thank you. Passing controversial legislation by this process, i.e. under the radar, is deeply troubling to say the least and every Senator needs to be held accountable. But now our focus is the House.

We MUST try to stop the House Judiciary Committee from folding their bill (HR5889) and moving ahead to adopt the Senate version.

PLEASE EMAIL CONGRESS TONIGHT.

It will only take a few moments if you use the special letter we've provided by using the link below.

Put in your zip code at the Capwiz site, and take the next steps.
http://capwiz.com/illustratorspartnership/issues/alert/?alertid=11980321

Over 70 organizations are united in opposing this bill in its current form. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses. With thanks to the Illustrators Partnership, the Capwiz site is open to professional creators and any member of the image-making public.

Thank you,
Constance Evans

APA National CEO
APA - NATIONAL
31 Mamaroneck Ave. Suite 514 White Plains, New York 10601
Phone: (800) 272-6264 ext. 12 Fax 646.216.8765 e execdirector@apanational.com