Forums > General Industry > Orpan Works Act

Model

Schwarz

Posts: 169

Des Moines, Iowa, US

After I reading a post it got me to thinking about a bill that is being pushed throught congress, called the Orphaned Works Act. I'll put it in simple terms and then you can go and do your own research.

Basically, I could save all of you alls pictures and call them my own and do as I please with them and you couldn't do anything, as long as I had a decent enough lawyer. Not pretty is it.

Go research it and write and fax your congressman and tell them to throw it out because it affects all of you big time!

Aug 28 06 02:15 am Link

Photographer

Ken Pivak Photography

Posts: 837

Los Angeles, California, US

Schwarz wrote:
After I reading a post it got me to thinking about a bill that is being pushed throught congress, called the Orphaned Works Act. I'll put it in simple terms and then you can go and do your own research.

Basically, I could save all of you alls pictures and call them my own and do as I please with them and you couldn't do anything, as long as I had a decent enough lawyer. Not pretty is it.

Go research it and write and fax your congressman and tell them to throw it out because it affects all of you big time!

Was is something I mentioned ... I hope...if not I would like to stress this even further.

If anyone wants to find out more info regarding this...goto the APA National site and locate the "Orphan Works Bill"!!!!!!!!

I am so glad that this member got wind of this...it's very serious!

PixelFisher

Aug 28 06 02:18 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Pixel Fisher wrote:
Was is something I mentioned ... I hope...if not I would like to stress this even further.

If anyone wants to find out more info regarding this...goto the APA National site and locate the "Orphan Works Bill"!!!!!!!!

I am so glad that this member got wind of this...it's very serious!

PixelFisher

Been there before with this issue... and it goes to the heart of some [photography and (model) industry] business practices that somehow see a photographer as wrong to place their copyright on the images [e.g. a model's portfolio images]. It goes to the heart of the publishing industry [print and internet] that refuses to publish credits. If there are NO marks the image, or published credits, under this proposal, every such unmarked or uncredited image is nearly and in effect, and may as well be, released into the public domain. The only hurtle for the infringing user is due diligence on the part of that [infringing] user to "attempt" to trace the copyright owner. No marks? Hey, we did our best.

My license(s), even now, absolutely prohibits removal of any marks, designs, text or logos that I put on any images and intended to identify me as the creator / copyright owner... paper OR electronic versions. It also PROHIBITS cropping or by any other method which results in the removal or obscuring of the marks.

That won't stop an infringement under "orphan works" but it will raise the bar in the the infringers duty of care and due diligence if the creator / copyright owner is clearly identified in the first place.

Studio36

Aug 28 06 07:11 am Link

Model

Mayanlee

Posts: 3560

New City, New York, US

A jolly good read (if you skip over the intros and protocol stuff) ...

Subcommittee on Courts, the Internet, and Intellectual Property
Oversight Hearing on the "Report on Orphan Works by the Copyright Office."

http://commdocs.house.gov/committees/ju … 410_0f.htm

Aug 28 06 09:27 am Link