Chinese Whispers about Copyright
10 years ago
A'ight so, I've seen a lot of people get their knickers in a twist over the proposed copyright laws, probably as a result of people spreading misinformation (beit intentional or otherwise), creating a Chinese Whisper effect with people not fully understanding what the law entails. So let me break it down for you.
The new laws state:
- Any creative work that is unlicensed (not protected by copyright) becomes "orphan work".
- Orphan work CAN be taken for brief use by not-for-profit organisations (as before).
- Orphan work CAN be taken for profit use IF and ONLY IF the person wishing to take the work completes a diligent search to find the original author.
- A diligent search entails browsing copyright databases, and online databases (such as deviantArt etc.) to the extent that no more can be done to trace the author. Evidence of this search MUST be provided to the copyright office BEFORE the work is used. Thanks to Google's reverse image search, most people SHOULD NOT be affected, as their profiles can be found through reverse image search.
What does this mean for us, the artists?
This means:
- We should ensure that we can be found easily through reverse image searches.
- We should ensure that we use watermarks with usernames and/or urls.
- We should generally take more care against art theft, as it will still be a crime.
- READ UP ON THE LEGISLATION! DO IT! You can find the links in
Patto's journal: http://www.furaffinity.net/journal/6901177/ - I know the report is like 150 pages long, but at least skim through.What to do if my art is stolen and I know that my profile can be easily found?
- Peacefully confront the offender. Don't send in your white knights just yet, try to work things out. Show them how easy it is to trace your work back to you.
- File a case to the Small Claims court. They're opening a new sub-branch of small claims especially for copyright infringements, so take advantage of it should you feel it necessary.
DO NOT:
- Attack or harass the offender. Don't. You'll never solve the problem that way, and you may be at risk of losing more.
- Send white knights. See above.
- Freak out. Guys. Please. Just watermark your shit reasonably and you'll be fine.
So there you go. I'll be clearing out my gallery and reuploading watermarked pieces on the assumption that this bill will pass. I suggest you do the same.
That's all for now.
Terror-Run
~terror-run
http://graphicpolicy.com/2015/07/20.....fore-congress/
zillyhoo
~zillyhoo
OP
I am aware that the report is merely suggestions that may never be passed, and this journal was meant to diffuse the hyperbole with a realistic view on what the consequences would be if they ever were passed.
FA+