Orphan Works Legislation

Posted by
Alina Bradford
Apr 21, 2008

Nothing burns me up faster than someone taking facts and twisting them to get a whole nation of artists riled up over nothing. That is exactly what Mark Simon over at Animation World Magazine did when he posted this shockingly inaccurate and un-researched article, Mind Your Business: You Will Lose All The Rights to Your Own Art. It cries wolf over the hotly debated Orphan Works legislation, which will actually protect artist’s rights, not get rid of them.

Obviously, Simon didn’t bother to even read up on the Orphan Works legislation, because most of his ranting is vastly different from what the Orphan Works legislation is actually about.

His article started a nation-wide panic in the art community that was most felt in the forums of art forum communities such as deviantART.

I would like to set the record straight, though, for all of you out there that would like actual facts about the Orphan Works legislation. Here are some helpful links that take you to facts, not rants.

Six Misconceptions About Orphaned Works

This gem by Meredith L. Patterson is a researched article with lots of links to government websites about the Orphan Works legislation.

Subcommittee on Courts, the Internet, and Intellectual Property

This website has the actual hearing on “Promoting the Use of Orphan Works: Balancing the Interests of Copyright Owners and Users” straight from the law makers, themselves.

This site contains all the information you need to know about current copyright laws.

Alina

Feb 26, 2009 8:12 PM

Guest :

You need to check your facts. It would have messed up exclusive rights for living artists and would have taken compensation away for the most part. Look up Brad Holland. Have you been following the Shepard Fairey case? What do you think of this?

www.myartspace.com/blog/2009/02/integrity-lost-lawrence-lessig-helps.html

We are all doomed if that is considered fair use! Sucks that it is the AP but it could have been another artist just as easy.This is exactly why the orphan works bill would not work. Shepard Fairey could use your image and throw you pennies if it were passed!