Copyright laws changing?
10 years ago
Hey guys!
Was passed this article about copyright laws changing and how artists will no longer be protected unless they properly register their work? What do you guys think of all this?
http://an0ther-artist.tumblr.com/po.....aw-is-about-to
Original Orphaned works act of 08:
https://www.govtrack.us/congress/bi.....110/s2913/text
Current version (2015):
http://copyright.gov/orphan/reports.....-works2015.pdf
http://an0ther-artist.tumblr.com/po.....aw-is-about-to
Original Orphaned works act of 08:
https://www.govtrack.us/congress/bi.....110/s2913/text
Current version (2015):
http://copyright.gov/orphan/reports.....-works2015.pdf
FA+

And without copyright free work, they'd have had nothing to base some of their most successful projects on.
Search YouTube for "CGP Grey, Copyright"
Plus, the big thing to remember at this point is: there is no law yet. There is no bill. There is no draft. From what little I've been able to find, I'm not sure either house of Congress has discussed the issue in the open yet--I can't even tell if the appropriate committee (whatever committee that is) has begun drafting the initial bill proposal. In other words, we are currently reacting to a mere internal report. I'm not saying people shouldn't act, if they feel they need to act, but it is NOT actually a law, or even a potential law, at this point.
There are, however, also other considerations. Copyright law as it currently stands is MASSIVELY MASSIVELY MASSIVELY in favor of rights-holders. Not creators! Rights-holders. Because those two things ARE NOT the same, no matter what anyone else tells you. There's a reason the "Sonny Bono Copyright Term Extension Act" was popularly known as the "Mickey Mouse Protection Act"--it was pushed, powerfully, by enormous business interests, like Disney, who never ever want to let go of the potential cash-cows of their copyrights. On the flipside, there surely are companies that would love to make money off using "orphaned" work from various artists.
Neither side of this issue can be fairly claimed to be solely motivated by noble ideals, but that doesn't mean there are never noble ideals involved. People who supported the Sonny Bono Act saw it as protecting creators (though there are well-documented examples of it harming creators, whose work was legally "stolen" from them by official/contractual rights-holders). People who support "orphaned work" proposals presumably see it as enriching the public domain and encouraging creators to be "active" about their work, rather than "sitting on it" because they have no incentive to license nor to help others acquire licenses.
Incidentally? Canada, the UK, and the EU all have "orphaned work" laws, and there doesn't seem to have been an enormous outpouring of anguished creators.
The real kicker is when such people go on rants about how creationists or climate-change denialists are uninformed idiots who never actually investigate the claims they swallow...
Their help works are already protected by other gates in the copyright law monster. In some ways Disney as a corporation has been on the side of passing Orphan Works copyright laws.
Artists in this community do not have these resources. You doodle something for a friend, post it online, someone takes it and puts it on a shirt without ever seeking you out or asking permission, you would have no legal recourse under this proposed change.
Copyrighting is expensive and many independent artists can not afford it for every single sketch they make.
It would also under the royalty market, which many of independent artists use to make ends meet. (Think Society6 types sites)
usually all it takes is one or two people to catch wind of something and then it spreads like wildfire.
With as many artists are now becoming aware of this it probably wont happen, and like you said if it does it'd probably almost immediately be reverted
No, they will DEFFINATELY charge you for it xD You kiddin' me?
this is going to be an outrage!!!
If this passes im going into hiding. f*** congress.
There are SO many artists and the law didn't even pass yet and the people who know are furious.
If this passes, I will no longer be posting my work.
Fuck that.
If I imagine it, If I draw it, that image belongs to me. No one can take that from me.
For example: someone sees art, uses it commercially, rakes in cash. The artist notices this, takes them to court but the work was not registered. The only thing a court is going to grant you is a court order to cease and desist and possibly attorney fees. You will NOT receive damages (i.e. the profit made by someone else using your work) unless your work has been registered. This has been the norm since Copyright law has even been a thing. Want full protection? Register the work.
But yeah, no people will continue to share out their stuff but some of course will be more inclined not to. Also bear in mind this is merely a report based on orphaned works with a mention of a possible solution to the problem of orphaned works. Nothing to really get worked up over. ^_-
So the idea with orphan works legislation in general is to try to put a system in place where better, more centralized records are kept so that owners can be tracked down more readily for licensing inquiries, and to put in place a compulsory license system (similar to how music performance rights work today) for works not covered so that they can be preserved, performed, displayed, derived and so on, rather than being locked up and forever lost to time.
I don't know how well the current legislation on the table addresses the problem while also not creating an undue burden for new content creators, but that's the background at least.
Remember that one time Warner Brothers got sued over using Nyan Cat and Keyboard Cat and lost? Yeah, that kinda thing won't happen again if this passes.
https://www.youtube.com/watch?v=kDoztLDF73I
Here's a place you can write a letter. It ends July 23rd. THIS Thursday.
http://myemail.constantcontact.com/.....id=DEeIBiwWgJ4
The guys talking are HUGE PRO's and should not be taken likely.
http://www.furaffinity.net/journal/6898354/
It's a bad idea all around
I can't seem to confirm if this actually exists.
So it's not like they can just take a piece of your work and use it willy-nilly with no repercussions.
So yeah, it's a big deal.
It may not pass, as a matter of fact, I'm pretty sure it won't but it's the concept that people in congress are trying to legalize the theft of ALL FORMS OF ART.
As you pointed out, it can't go into effect (not without the consequences I mentioned). So, why isn't someone sueing the people pushing for this for wasting tax money?
Things are only going to get worse.
This really isn't that big a deal compared.
Video: https://www.youtube.com/watch?v=kDoztLDF73I
Write a letter: http://conta.cc/1StMZat
You have until THIS Thursday (July 23) to send in your letter. I implore you all to do so! Whether you think it's real or not.
Why isn't this a bigger deal? Because internet moguls like Google, Reddit, Facebook, Twitter, etc. Do not want you to know. Why? They're the ones that want FREE ART! These jerks do not want to pay for art. Their argument? "Your work is too important to belong to you."
Granted, it won't pass but it's the concept that something like this exists. They're banking on people like YOU GUYS (and myself) to not know what's going on.
You should also be aware that beyond a cease and desist order unregistered copyrighted works have no further protections. Someone today can profit from unregistered work and survive a lawsuit coming out of it with a cease and desist order and maybe, depending on the court and circumstance, reasonable attorney fees. But you won't get damages at all unless the works are registered.
All and all, nothing's changed and the worse that will change if something like this were to pass is you would be denied a cease and desist order. Which is fine in my opinion. The free ride on copyrights should come to an end in my opinion.
2. *chuckle* *biting my knuckjles* *hysterical laughter*
Artist: You stole my art.
Corporation: It's not in the catalogue.
Artist: Here is the documentation that I registered it.
Corporation: Then why is it not in the catalogue?
Artist: Hey Goverment? Why is my registered art not in the catalogue?
Gouverment: Well... ummmh... you see... we are a bit behind in processing everything.
Artist: How far behind?
Goverment: Well... half a year and growing?
Artist: See corporation? You violated my copyright. I'm gonna sue.
Corporation: Hey goverment? You are the reason we are being sued, we are going to sue you for damages.
Just wait how long it will take to process the Marvel Comics and DC Comics archives alone. You don't think they will? Guess again. Marvel/Disney just made millions in Rocket Raccoon merchandise alone. Rocket is from 1976. Does anyone really think they will risk loosing the copyright of any character in their archive?
Now add the movie archives of Paramount, 20th Century Fox, Warner and Disney. Followed by the TV movies and Series.
And as licensing does not give you the copyright, foreign corporations weill register some of their stuff as well.
Have they really thought this through?
2. Doesn't seem to have been that big a deal for the Canadian and European governments. And, as people have said several times now...there is no bill yet, there may not even be a discussion of it in the appropriate Congressional Committees (apparently, the Judiciary Committees of both houses). It could work the way Canada does it, where people wishing to use a work, but unable to contact the rights-holder, must petition the government for a special license specifically for that "infringer's" use.
And how many characters from up to 50 (Marvel) to 80 (for DC) years ago are not? Until recently Rocket was a minor character in Marvels archive.
I am speaking about a few thusand characters Marvel (Disney) has yet to milk. And maybe even more from DC's sliughtly older archives. Let's not forget, DC belongs to Warner. It may take them some time to realize what Disney is doing with Marvel and then the rime for adaptions like 'Catwoman' are over and done.
I really doubt they have trademarked every character yet. Want to know why? Do a youtube check for 'Worst villains'-
Google "TPP," and panic.
The talks aobout that started with a (internatioally) well-liked president. The way the talks go it is already not very popular. Let's wait how another president handles the continued talks. I'm guessing the next president will be more agressive. On one side that's good, because he will probably really deal with the IS. On the other side he will probably push for even more intolerable conditions considering the TPP. And as that president will come from same political party as Bush Jr., we will see if we get to be 'old Europe' again.
In short, I count on him derailing the TPP at least partially.
First, a work isn't automatically Orphan Works if it isn't copyrighted. I am not seeing anything of that nature in the linked document.
Second, the person attempting to use the Orphan Work must do a good faith search (this would include something like google images). You got your signature or some name on it, it should be identifiable.
Third, even if they are too retarded to figure out who made the work, the person attempting to use the Orphan would must still file with the Register of
Copyrights a Notice of Use.
I am sure there is reason for concern but the sky isn't falling.
(disclaimer) It isn't my area of law and I only skimmed it.
All in all, it's really not that horrifying.
"""
Orphan works are works like books, newspaper and magazine articles and films that are still protected by copyright but whose authors or other rightholders are not known or cannot be located or contacted to obtain copyright permissions.
"""
Source: http://ec.europa.eu/internal_market.....s/index_en.htm
its mostly designed for libraries but those given there are examples.
Basically it means use watermarks and have at least a mail adress to contact you :/
i know its only one aspect but damn every time there is ANY law it feels like the internet explodes with fear
Create a petition this site has help with net neutrality and many more. It's worth a shot.
Next to the US government of course.
Just, uh... Just thought I'd leave this here...
Given what's been presented, I think this is probably on point... Now not to be speciesist, but do we really not know what the end result of 'crying wolf' is yet?
I swear aliens are really going to invade, the sky will fall, the dead will come back to life and God will point at us like the angry monkey from Family Guy as Cthulu rises from the depths and no one's going to listen. Damn, mass media.
It is not law but a report, A REPORT.
Here is the report, known as the Orphan Works Report "Orphan Works and Mass Digitization" http://copyright.gov/orphan/reports.....-works2015.pdf
People seem to be misreading that this is a law or a bill, or what have you. I don't think that negates the importance of artists voicing their opinion while they still can.
The mention of Access Copyright in the video was interesting, though, at least to me.
Real or not, I dont think it would pass as law because after reading, it just creates a laundry list of conflicting issues with rights ownership. Regardless, I think the general concept is disgusting and serves nothing but to dehumanize and silence artists. Something that already happens too much due to public ignorance.
I think there is this notion going around where freelance artists and what not believe that if someone steals their unregistered works and makes money that they can get a pay day out of it by suing for damages. At least in the USA, that's not how it works. Want damages? You will have to register the work anyway.
If the work is important then pay the registration fee and be done with it. All this talk about free rides people sure are wanting that free ride on copyrights without paying into them.