Why the Orphan works bill doesn’t worry me.
This isn’t the first time this has been tried and it’s been shot down every time it has. Not just by the little man but by the big honking corporations that people think are behind this. Copyrights are HUGE business, and the threat to a big company of losing any of their copyrights gives them far more cold sweats than any internet artist. So don’t worry, we’ve got the big guns on our side!
Second the Orphan Works bill has already been in existence and on the books since the 1960s. No crap! The Artist R. Crumb once drew and image of a guy with big feet walking along with the caption “Keep on Truckin” A small company took the image with out his permission and started making buttons and tee shirts with the image on them. Mr. Crumb new about this but did nothing, until her found out that they had made a few million dollars off his image.
He did a reasonable thing and sued them. However the judge told him that it was too late. Since he didn’t defend his copyright at any time in the past on that image the company who stole it had a reasonable expectation of ownership. R. Crumb had Orphaned his image and someone adopted it. If he had bothered to send them even one cease and desist order he would have had a case. A copyright that you do not defend is no longer yours.
The Orphan works bill just wants to make cases like this a little more cut and dried, something that you don’t necessarily need a judge to decide on. However as it’s worded now it’s not a good idea. But that’s why it will once again get shot down. You name a corporation and they stand to lose millions if this goes through, and they are NOT going to let that happen.
So in this one case Trust in big business. They’re in this fight with us.
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I’m a little confused here. . . It seems your argument is that: 1. This legislation will never materialize, and 2. This legislation wouldn’t really be harmful. As Meredith points out, there is a rationale for introducing such legislation, there are legitimate problems it would solve.
The whole purpose of copyright law is to create an ever-increasing body of creative works that are freely available to the public. And yet now it has been twisted to effectively do the opposite: to create an ever-increasing body of creative works that are locked away from the public domain forever, or nearly forever.
So. . . Why are you celebrating the fact that non-harmful, potentially helpful, legislation is sure to be “shot down” by the pigopolists? Why aren’t you supporting copyright reform instead of smugly asserting that Disney is going to kill it?
US copyright law has really become excessive and out-of-touch with the needs and desires of the public. As Disney and the other pigopolists bribe Congress to push through more and more draconian measures, the pressure from the other side for reforms only grows stronger. Eventually this issue will bubble up into the public consciousness, and the people will demand change.
Here’s an analysis of the whole broad subject that I thought was excellent: http://arstechnica.com/articles/culture/copyright-crusade.ars/1
In the end I suspect copyright laws will eventually be changed so that copyrights will expire after a reasonable time — say for example, 15 years after the creation of the work. But unfortunately we have a long way to go, politically and socially, before that kind of balance can be restored to the system.
April 20th, 2008 at 10:06 pm
I’m not Celebrating it getting shot down, I’m just not losing sleep over it or threatening to never post my art work on line again, (something I have heard from other artists).
Some copyright laws do expire very quickly, or relatively so. Such as for many medications.
There is no doubt in my mind that copyright laws need to be cleaned up and fixed.
Right now there is a type of Aquarium fish called Glow fish. They are standard Zebra Danios that have been genetically altered to be bright red or some other color. but they are copyrighted so technically if you get a pair and they spawn its illegal to sell or even give away the babies.
However the simple amount of things that people can copyright and as fast as that list is growing make changing copyright laws very difficult.
April 21st, 2008 at 9:29 pm
And another way to protect your material is what is (for now) called a copyleft - an open license that contains restrictions for use, but mandates no fees. (I agree with the principle, but feel that the name is silly….) One form is what I have heard termed the Open License - GNU is one example from the software industry.
Another example (and one that I am more familiar with) is the Open Game License held by Wizards of the Coast. When WotC decided to release a third edition of Dungeons & Dragons they determined that in order to avoid one of the pitfalls that befell the games previous owners (TSR - which attempted to protect their IP by suing everyone who they viewed as infringing upon their copyright and trademarks - losing most of the cases, and hemorrhaging money in the form of legal fees). To do so they introduced a license to produce material supporting the game without needing to sign a license agreement by including a copy of the open license agreement in the product.
Yet another is the Creative Commons License.
As far as I know this concept has not yet been tested in court. Once upon a time, it was standard that no law was fully accepted until it had been challenged and defended in court.
The laws are changing around us as communications technology opens new requirements in order to defend IP. Contrary to what some pundits have called the Internet it is not an Information Super Highway, but rather a Communications Highway, complete with highway robbery….
The Auld Grump
April 21st, 2008 at 10:27 pm
I don’t know if anyone knew this, but copyrights don’t last forever. I don’t really know their shelf life, but all and all its about as long as you care. If you stop caring and leave it out in the open its bait on a hook.
I myself have been in a similar situtation.
I was thriteen and wrote a short story in my spare time. It was much. mostly based on my dreams. One day while flipping threw wallpapers online I hit an image of a 3d dreamscape. It reminded me so much of my story I had to have it, but sadly the right mouse button was disabled so I couldn’t save it. So, I did the resonsible thing and found the artist at his site and asked it he could allow me to use it, and told him I had no intenton of publishing it and that I was merely using it for a cover.
To rap it up, he wrote be back saying to use it as I felt as long as I didn’t sell it. I was happy, but sadly I cant find that story or the picture anymore.
So if a thriteen year old can track down a artist so can a corp head or buisness man, but it would be cool being able to use clips of art, fragments of poems, and video clips without being breathed down the neck for a school project.
April 23rd, 2008 at 11:24 pm
The basic duration of a copyright is 70 years from the date of the author’s death. Pseudonymous works last 95 years from publication.
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