Thursday, October 30, 2008

Article: Orphan Act is Passed

Wednesday, 29 October 2008

Rather Disturbingly... Orphan Works is Passed! by Guest Writer Pamela Baker
On August 26, 2008, I added to my blog,, an Article, “Orphan Works-Shelved!”, published by Sara’s “Crafts of Texture” stating that the “Orphan Works Act” had been put on hold by both the Senate and the House of Representatives. As I stated in the Article, “I'll bet you, as I, thought this was a dead issue. Well we, and I just found out that is has been put on hold (again). In fact Congress tried twice to push it through, and both times was held due to the fact that not enough was made known to the public of the ramifications of the Bill”. You can find more details on Diane's Blog at, http://DianeClancy/
Now only one month later, Diane and I just learned from a group, “The Illustrators’ Partnership” that as of September 27, 2008, in a very controversial move, the Bill known as “The Orphan Works Act” was passed by the Senate. How and why?
The sponsors taking advantage of the current crisis in Congress, that of trying to save big businesses, by trying to raise $700 Billion, used this opportunity to bail out “business too big to fail” by very quietly passing “The Orphan Works Act” Legislation. Their reasoning is that it would force “us” (artists, photographers, crafters, illustrators, musician, songwriters, etc.) who use the internet as a marketing tool, to buy into Congress’s copyright law. Which essentially means that unless you buy copyright’s to your own work, that piece of act becomes known as an “Orphan Work” , and would allow anyone the right to steal or copy your work. Their plan is to use this money from the small copyright holders to subsidize big businesses who are currently failing. One example, is that of Google, who stands to make millions from the internet interests it already holds in regards to the millions of imagines it’s site support, and which will now due to this Bill, will ‘orphan” these works.
So it seems that Congress in an attempt to protect the many failing Financial Houses on Wall Street, will use the many corporate internet basis, as the source to regain the billions of dollars being lost daily by these large Corporations. What is means to us as “artists” is stated in a quote by David Rhodes, President, of the School of Visual Arts here in Manhattan, “the Orphan Works bill would socialize the expense of copyright protection while privatizing the profit of creative endeavors. Copyright owners neither want nor need this legislation. It will do great harm to small businesses. We already have a banking crisis. Congress should not lay the groundwork for a copyright crisis.”
The Illustrator’s Partnership in answer to this atrocity, is what they call Plan B: The Orphan Works Opposition. They propose that we contact Congress now to stop the House Judiciary Committee from the final adoption of this Bill. We can do so by following this link:
PLEASE EMAIL CONGRESS TODAY.If you've done it before, do it again!It takes only a minute to use our new special letter.Click on the link below, enter your zip code, and take the next steps.
ongoing developments, go to the Illustrators' Partnership Orphan Works blog:
For those of you who are unfamiliar with “The Orphan Work’s Act” please take a read here....
Written by Pamela Baker
Posted by Sara's Texture Crafts
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agoodwitchtoo said...

That bites! I'll definitely be writing again!

Meanwhile, I've left you something on my blog...

Anonymous said...

Thank you so much for posting about this, I had no idea it had passed. Will follow the link and do all we can on our end.