Independent musicians are now supporting the Visual Artists with the Orphan Works Act given the way it is written right now. Â The original intent has pretty much gotten lost .. and big business interests have taken over (my interpretation). There is a lot more information in the posts for the last 2 days. Here is one of my original ACEOs I made … I need to get back to making some more in traditional mediums beside digital.
Lace and Flowers – ACEO Â© Diane Clancy
~ Diane Clancy
FROM THE ILLUSTRATORS’ PARTNERSHIP
Visual Artists Go to Washington, Independent Record Labels Oppose
Orphan Works Act
Last week over two dozen visual artists, representing illustrators,
photographers, fine artists and the arts licensing trades went to
Capital Hill to explain to legislators how the Orphan Works Act
will harm creators and the hundreds of thousands of art-related
small businesses that serve and are dependent on them. At the same
time, independent music labels have joined the opposition to orphan
works legislation as it currently exists.
The Illustrators’ Partnership has stressed that Orphan Works
legislation should be limited to true orphaned work and not act as
an unwarranted compulsory license imposed on commercial markets.
IPA, the Advertising Photographers of America and the Artists
Rights Society have joined to offer amendments to that effect.
Excerpted from the Washington Internet Daily/Monday June 09, 2008:
The visual-arts community hit the Hill last week to protest what it
portrays as a hijacking of the orphan-works issue as it was
presented in a 2005 Copyright Office report…
The Copyright Office ran a bait-and-switch from its 2005 notice of
intent, which focused on facilitating libraries’, museums’ and
other nonprofits’ efforts to digitize collections to improve access
to them, [Illustrators’ Partnership co-founder Brad] Holland said.
Artists want the issue narrowed back to that focus, scrapping
commercial use, he said…Copyright Office roundtables on orphan
works never addressed alternates to registries, an “untested,
untried, unaccountable market system” favoring Google, Getty,
Corbis and other commercial aggregators, Holland said. [Cynthia]
Turner [also of the Partnership] said artists would incur high
costs registering works, and they hesitate to hand over high-res,
commercial versions to Google or others.
In the same article, Washington Internet Daily also reports that
the leading group of independent music labels has broken with the
corporate music trade associations. The American Association of
Independent Music has published a position paper opposing the
current orphan works bills. The article quotes a music industry
executive: “I can tell you that nobody in the music business”
sought the bill.
… the executive said the bill is “de facto… establishing a new
compulsory license” by putting unregistered artists at a legal
disadvantage in court. The law can’t explicitly require
registration or it will violate the Berne Convention, TRIPS and
other treaties the U.S. has signed, the executive said. Book
publishers and music executives in the U.K. think the U.S. will be
in trouble, the executive said, citing a recent visit: “I can tell
you there are European commissioners that are looking at this right
-Excerpts from “Orphan-Works Bills Scorned by Visual Arts, Indie
Labels” by Greg Piper, Washington Internet Daily June 09, 2008
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