Orphan Works Act – One Perspective



Don’t Lose the Rights to Your Artistic Creations:
Pending legislation could put you out of business
By Dena Matthews

Support all visual content creators by voicing opposition to the Orphan Works Acts that are being rocket-docketed through Congress. This is the classic David vs. Goliath.  While stock houses like Getty and Corbis were invited, visual content creators were excluded from the preliminary hearings on these acts.

It’s important that you act now –because Congress (both House and Senate) could be voting on this legislation this month.

Here is a brief summary of some of the problems.

  • The Orphan Works Acts, if enacted would change copyright law in such a way that it would be too costly (time and money) to make a living as a visual artist.  There would be less of a need for new art because all one’s existing and new work would be open for others to use for free.  Today we call people who use art without asking infringers, those who steal art for their own profit. 
  • The Orphan Works Acts would affect visual artists who do not make a living from their art (create just for the joy of it).  Someone, an infringer, would be able to use your art anywhere they like to make a buck and potentially in ways you would object.
  • The Orphan Works Acts would also affect non-artists, anyone who takes snapshot photos and shares them through email or on the web.  Your personal family memories could be used by unscrupulous people or in ways you may object - again just to make a buck.  The Orphan Works Acts also opens up privacy issues – like by allowing people to distribute, sell, etc. pictures of your family members.

For more information go to http://www.sellyourtvconceptnow.com/orphan.html where you can:

  • Listen to the audio interview with artist Brad Holland
  • Learn more & see examples of works at risk and delve into the Q&A

The Copyright Act of 1976 was created to allow artists to profit from their work thereby encouraging artists to create- a priceless gift that artists contribute to the world.

What is an orphan work?
There may be a desire for libraries, museums, etc to acquire truly orphaned works - those in which the author will never be located.  Most visual artists would support this cause for the greater good.  But these Orphan Works Acts being pushed through Congress are written so broadly, they do not take into account the devastating impact they will have on living artists who can be located.

Please ask your congressmen to vote in opposition to this act- in both house and senate. 

Here’s a link to a web tool that allows you and your friends and family to do so effortlessly: http://capwiz.com/illustratorspartnership/home/
Select the letter that best represents you and edit it as you see fit.  Then click to submit – and your letter will be sent immediately electronically to all your congressmen.

Thank you!

Dena Matthews
Partner
LifeHouse Productions
P.O. BOX 4007
Manchester, CT 06045-4007
Ph: 860.432.9177
http://www.lifehouseproductions.com