Updates on the Orphan Works Bill: Part Deux

Now, people are saying that what Mark Simon wrote in this article is a hoax. That they're all lies and that there's nothing to worry about anymore since the 2006 Orphan Works bill has been shot down. After reading this journal entry, many people have decided to just brush the issue off, considering the case closed and name-calling those people who have reacted in panic and worry over the Orphan Works bill.  Are we really in the clear? Is there no reason to worry?

What Mark wrote may have been exaggerated and alarmist in nature, but I wouldn't say that they were all lies. He does raise legitimate concerns regarding the Orphan Works bill, some of which have been echoed in this transcript written on March 13, 2008 during the hearing of the House Subcommittee on Courts, the Internet and Intellectual Property. Just because it isn't a bill doesn't mean that they aren't still trying to push for it in the future. I understand the need for Orphan Works legislation, but it has to be done in a fair and just manner. As of now, they're still trying to work around the loopholes, so it won't be the last that you'll hear of this issue.

As for the people who make fun of those who panicked over this issue, I couldn't have said it better than on his journal. It annoys me that many people, especially some artists that I look up to, would resort to name-calling just so that could just make themselves sound smarter than anyone else. You could state your opinions on things but don't call people "morons" or "stupid" when they panic or worry over things that they are passionate about.

Also check out this deviation (and its description) on Orphaned Works Awareness:


The good thing about this situation is that it's making people talk. About their rights as artists, about copyrights, etc. so I do not think that it was a waste of time for people to bring up this topic in DA.

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Old post dated April 13, 2008:

A hearing of the House Subcommittee on Courts, the Internet and Intellectual Property was held on March 13, 2008. You could watch a video webcast or read the transcripts of the witnesses here.

Want more details of the the Orphan Works instead of relying on hearsay or opinionated journals? Read the actual transcript of Marybeth Peters (Register of Copyrights) who supports and defends the bill here.

_{Points made in summary:
-The Orphan Works Problem
-The Proposed Solution
-Response of the Copyright community
-Prior legislative action
-Current Issues
-The role of best practices
-The role of technology
-Other issues}

The response of Victor S. Perlman (General Counsel and Managing Director the American Society of Media Photographers) concerning the Orphan Works could be found here. He highlights the problems of the Orphan Works bill but at the same time understands the need for Orphan works legislation. The organization that he is part of (ASMP) is representing the interests of freelance photographers as well as several major organizations representing freelance commercial artists and illustrators.

_{Points made in summary:
-Fair and Workable solution
-Most published images are likely to be "orphans"
-Incorrect assumption
-Image recognition search technology
-Alternative dispute resolution needed
-ASMP's proposed solution}

Good to know that at least the artist community is covered in this matter (thanks, ASMP, for raising the concerns and representing artists regarding this important matter). Seeing both sides of this issue, I now see the need for a fair and just Orphan Works legislation. There are iffy parts within Meredith's transcript which were pointed out by Victor of ASMP...but hopefully in the end, it will be rectified and everything will end with a fair resolution on both parties.