Thursday, March 25, 2010

Latest Update on "The Orphan Act"



Painting by: Diane Clancy

Once again I find it necessary to alert all artists here on Etsy, and elsewhere to read, beware, and to act TODAY on this important Legislation!!!! In early 2008, Diane Clancy and I wrote effortlessly on bringing the “Orphan Act” to your attention. Below is the first of a series of blogs, we both worked on at that time. On May 15, 2008, I wrote: On April 24, 2008, the Orphan Works Act was introduced into the U.S. House and Senate. In August 2008, in another blog , I wrote: Update on the "Orphan Act "I'll bet you, as I, thought this was a dead issue. Well we, DianeClancy.etsy.com and I just found out that is has been put on hold (again). In fact Congress tried 2x 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.

This is the original blog I wrote on April 25, 2008
THE ORPHAN WORKS ACT:I don't know if you have seen this article or heard about this Legislation which is being considered in our Congress. It is such an important article which needs to alert all artists - it basically calls for the rights of anyone to steal the ideas, thoughts, emotional feelings that an artist brings to his work. The fact that Congress can allow such an abomination of rights needs to be dealt with through letters to our Congressmen, Legistators, Senators who expect to become President! If such an impropriety can be allowed to desecrate the ideals of today's artists, what can we expect for our tomorrows, and where does that leave the many craftsmen whose own work is an extension of themselves. A lot of credit goes to Diane Clancy "dianeclancy.etsy.com" who brought this incredible information, of the "Orphan Works Act" to the attention of those in our Forum, I would like to further extend this attached article to the other artists and craftsman, who are here at Etsy. The Orphan Works Act is under consideration again and as artists and supporters of artists, I hope you will respond!! From different artists' groups, we have heard that the new draft of Orphan Works Act of 2008 is going to be released next week. Artists and supporters who have seen it are horrified. Quote from the Illustrators' Partnership "If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the moment you create it. " At least 12 artists groups are working together to help get the word out so people can get informed and then TAKE ACTION!!! Lots of links below to get informed and please at least sign the petition. Anyone anywhere in the world can sign. Again, quoting from the Illustrators' Partners " forget the spin you’ve heard from backers of this bill. This radical proposal, now pending before Congress, could cost you your past and future copyrights" This includes those of you who are creating beautiful and fun works on your blogs - they can take and use them too. All of our work is fair game.Here's a link to a site where you can sign a petition against it. Why not sign and pass it on? This is so important to all of us!!! We MUST take action! Please sign ... YOU can sign - it is international. http://www.gopetition.com/petitions/no-to-orphan-works-act.html - No to Orphan Works Petition. Mark Simon has a webcast interview with Brad Holland. http://www.sellyourtvconceptnow.com/orphan.html - They have given permission to for this audio file to be copied, transferred and replayed ... they want this stopped!!Again, quoting from the Illustrators' Partnership, "for additional information about Orphan Works developments, go to the http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185 - IPA Orphan Works Resource Page for Artists

New post on "Diane Clancy's Art Blog" http://www.dianeclancy.com/blog/ :Today is the Last Day to Write – Here is My Letter

Sorry for the short notice, but you can write until TODAY – and I hope YOU will!! At last the government WANTS to hear from actual artists instead of only big businesses. Some businesses want to use our work without our permission (or payment) – this has been called the Orphan Works Bill. I know I want to protect my colorful, vibrant paintings!! Please read yesterday’s post for details. My letter is below just as an example. Thank you! ~ Diane
Summary of issue: Over 85 organizations opposed the last Orphan Works bills, representing over half a million creators. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses.
My name is Diane Clancy from Greenfield, MA. I create vibrant paintings that feature color and vision to inspire and uplift people. I work both in traditional mediums and digital mediums. I also do graphic design and web design.
I sell originals of my work. But I also use my images (paintings) for prints and on merchandise. I have several online shops where people can purchase my work – both from me directly and through shops that do the printing themselves and send the merchandise and prints directly to my customers and collectors.
On some images I spend well over 100 hours to produce the original painting. To make a profit in my art business, I need to be able to use and reuse such an image over and over again to make my art business profitable. That is partly why I sell prints of these paintings and also sell these images on items such as mugs, tiles, journals, calendars and tote bags. This is how I make my money from such a painting.
As a commercial artist, I have a business plan and much of it is based on reuse of my paintings – by ME! If other businesses are able to use my images, saying that they are orphaned, I have lost much of my business and income. My paintings, my images ARE my business. I have spent much time and effort in creating them and marketing them. I need to be the one who gets the benefit of my intellectual property rights.
I want the government to protect my copyrights of my paintings … and to not make it easier for others to call my images orphaned and then make money from these paintings. I am an American micro-business, an entrepreneur – the backbone of the American economy. I need the US government to be protecting and encouraging, small creative businesses … I also think this is what is going to help turn around this economy.
Also, I am an artist living with a disability. Having this small art business is what allowed me to move off disability to be supporting myself. Please help me support myself. I know of many artists with micro-businesses who are living with disabilities. Creating and marketing our art is what allows many of us to minimize financial support from the government. To me, clearly, it is evident that is good for the economy.
Thank you for asking artists for our input! I am greatly appreciative that you want to hear from us,
~ Diane Clancy

Please act today and write to your Congressman, or one of the addresses given in Diane's Blog.

2 comments:

Julie G. said...

Thanks Pam! I did not know this, but I had heard people talking about "others" stealing their photos and using them.

Diane Clancy said...

Dear Pam,

This is a great post!! Thank you for showcasing one of my pieces!!

I am heartened that this administration WANTS to hear from artists - unlike the last one. I sure hope they pay attention!!

hugs,
~ Diane Clancy
www.DianeClancy.com/blog
www.DianeClancy.etsy.com
www.zazzle.com/DianeClancyArt*