I'm not sure what sort of political agenda the author is pushing, but HE is the one who seems to be misrepresenting the truth.

The article is technically correct that there is no orphan works legislation CURRENTLY before Congress. But it ignores the big picture that such legislation has already gone to Congress THREE times and actually passed the senate once before dying in the House. And the article seems to dismiss the fact that such legislation would in fact severely limit copyright protection and make it MUCH easier to infringe our work.

It also glosses over the fact that the Copyright Office just solicited input (due last week) that it plans to use in the next big revision of copyright law.

On the surface, orphan works legislation might not sound that bad. But you need to understand the unintended consequences of such a law as well as the corporate interests (e.g., Google) that are pushing for it so they can make widespread use of copyrighted works without fear of retaliation by the rightful owners. Google has admitted publicly that they intend to use "millions" of "orphaned works" if such legislation ever manages to pass Congress.

The article also talks about the "requirement" that artists register their work with commercial databases in order to prevent their work from becoming orphaned. Again, he is technically correct that nobody is going to hold a gun to your head and force you to place your work with these commercial registries. But if orphan works legislation becomes a reality, it will be necessary to use these registries if you have any desire to protect your work from being orphaned and infringed.

I don't have time to address all of the specific points that the author brings up in the article, but if anyone has specific questions about orphan works, I'll be happy to try and address them.

Jim


Sent from my iPad

On Jul 27, 2015, at 9:52 AM, Catherine Wilson <[log in to unmask]> wrote:

Much like posting an urban legend and getting a link to snopes.com. I received this recently.
http://graphicpolicy.com/2015/07/20/dont-believe-the-hyperbole-theres-no-orphan-works-law-before-congress/

I'm bit embarrassed after getting so worked up. I would dearly love the opinions of GNIS members on this.



--
Cat Wilson
Design . Illustration . Art
Astoria, NY

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