Forums > General Industry > 'orphaned work' proposed legislation

Photographer

camptown

Posts: 12

Houston, Texas, US

Got this email from a friend in NANPA (Nature photog)...if true, could have some very serious ramifications on the industry.  Basically, it would appear to allow someone to use 'orphaned work' without infringing on copyright.  'orpaned work' would be classified so when the desired user can not find the copyright owner after a 'reasonable effort'.

"Legislative Alert/Orphan Works Legislation
Attn: NANPA Members:

On January 31, the U.S. Copyright Office issued a Report on Orphan Works, which proposes legislation that would enable people to use so-called "orphaned works" (including photographs) without the permission of or payment to the copyright owner. Under the proposed language, a copyrighted work would be considered "orphaned," and therefore could be so used if, after a reasonable effort, the potential user is unable to locate the copyright owner.

This proposed legislation is obviously of great concern to photographers. For example, in a letter to ASMP members, Victor Perlman, ASMP Managing Director and General Counsel, wrote,

"If you write to your congressional representatives only once in your lifetime, I urge you make Orphan Works legislation that 'one time' and to take the action outlined below."

More information is available on the ASMP web site, including a suggested letter and contact information for all members of the U.S. Senate Judiciary Committee.

You can get the full report, as well as submitted comments, from the U.S. Copyright Office web site.

You may also view ASMP's comments or PPA's comments. "

Mar 20 06 08:46 pm Link

Photographer

camptown

Posts: 12

Houston, Texas, US

just a little more information for those interested...

http://www.asmp.org/news/spec2006/orphan_faxcall.php

Mar 20 06 08:49 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

Mar 20 06 09:30 pm Link