| | |
|
 | |  | |  |
04-11-2008, 03:14 PM
|
#2 |
|
Peter Foglesong
Join Date: Jan 2003
Location: Spokane, WA
Posts: 1,193
   |
Wow. Thanks for the link. I'll have to do some more looking into this, but as it reads in that article, this is just insane....
And if so, I would think that hosting sites like deviantArt, Flickr, even MySpace are going to want to knw about this and throw what weight they have against it. Just crazy.... |
|
|
|
04-11-2008, 03:18 PM
|
#3 |
|
Wah Chikka Wah Wah
Join Date: Jan 2002
Location: Earth
Posts: 9,558
 |
I'd hope if you planned on profiting from your art you'd register anyway as a lot of times in court the whole I drew it first doesn't work without backing.
|
|
|
|
|
04-11-2008, 03:28 PM
|
#4 | |
|
Published Comic Writer
Join Date: Dec 2007
Location: NYC
Posts: 16
|
Quote:
I hope it's a hoax. That's right out of the Big Brother play book! |
|
|
|
|
|
04-11-2008, 03:29 PM
|
#5 |
|
Peter Foglesong
Join Date: Jan 2003
Location: Spokane, WA
Posts: 1,193
|
@LilGreenMan
Yeah, but the trick is, I'd have no problem with registering with the copyright office - but this is talking about multiple privately owned entities handling it instead... And you being required to pay fees to register with all of them (again, if everything in the article is accurate). |
|
|
|
|
04-11-2008, 03:41 PM
|
#6 |
|
member of G.R.O.S.S.
Join Date: Jan 2002
Location: right here
Posts: 10,836
|
Orphan Works are works in which the copyright owner can not be located. If you've registered the work with any one, it should be easy to locate you. If you post a copyright notice on your work then it should be easy to find you. If you were paid at any time for the work, then there is a paper trail that leads back to you.
|
|
|
|
|
04-11-2008, 03:58 PM
|
#7 |
|
Jason A. Quest
Join Date: Mar 2005
Location: Purgatory, Michigan
Posts: 1,785
|
I haven't read this bill yet, but I can tell you that the guy who wrote this article doesn't know what he's talking about. His definition of an "orphaned work" is just plain wrong. So I wouldn't assume that anything else he says on the subject is accurate.
|
|
|
|
|
04-11-2008, 04:01 PM
|
#8 | |
|
khoipham.com
Join Date: Nov 2003
Location: Outside Philly
Posts: 1,384
|
Quote:
right on, jamal and jason. that guy's rant was a little misguided and uninformed. |
|
|
|
|
|
04-11-2008, 04:02 PM
|
#9 |
|
Published Comic Writer
Join Date: Dec 2007
Location: NYC
Posts: 16
|
That's a relief.
|
|
|
|
|
04-11-2008, 04:33 PM
|
#10 |
|
Boomdeyada
Join Date: Feb 2002
Location: Is Vader gonna hafta Force Choke a bitch?
Posts: 19,328
|
But the gyst of this legislation is, they are trying to make ALL unregistered (of any kind) work orphan works.
Even now, you can copyright stuff for 30 bucks, en masse, but this bill would require you to register everything individually, (ie for an individual fee per image), and you'd have to register it with every entity the government recognizes as a valid database. That means you'd have to register each image MULTIPLE TIMES for a fee each time, and if you don't register it with all the agencies, you risk losing out if someone doesn't find your work registered with one, even if it's registered with 9 others). This is a HUGELY dangerous precedent if it passes, and when you consider this day and age (when most projects require artistic input, and with the internet and broadband sharing images and artwork globally is *encouraged*), the social ramifications of such a bill passing are astounding...
__________________
I like to occupy space on the Z axis plane in my spare time. |
|
|
|
|
04-11-2008, 04:36 PM
|
#11 | |
|
Boomdeyada
Join Date: Feb 2002
Location: Is Vader gonna hafta Force Choke a bitch?
Posts: 19,328
|
Quote:
You guys don't get it. He's using the definition of an 'orphaned work' as the new legislation is trying to re-define it. This new legislation is trying to basically force ALL unregistered artwork and photographs in to the category of orphaned. Even if you post unregistered artwork on your own website, with plenty of contact info around it and nobody has trouble getting ahold of you, you would STILL not be the legal copyright holder unless you paid to register each individual image with each individual officially recognized registry.
__________________
I like to occupy space on the Z axis plane in my spare time. |
|
|
|
|
|
04-11-2008, 04:43 PM
|
#12 |
|
Wah Chikka Wah Wah
Join Date: Jan 2002
Location: Earth
Posts: 9,558
|
So, can someone register your work, if you haven't, as their own?
|
|
|
|
|
04-11-2008, 04:43 PM
|
#13 |
|
member of G.R.O.S.S.
Join Date: Jan 2002
Location: right here
Posts: 10,836
|
There is no legislation. There is no bill. There is nothing. Congress isn't looking at any such bill. The last bill similar to this was dismissed last year. Do a search and you'll see this article is much ado about nothing.
Orphan works is a strict term that no one is trying to expand to encompass all unregistered work. The entire purpose of past legislation is to make true orphaned work (that no one claims and no one can locate the owner of) becomes part of public domain. This would only apply to work created before 1977 because work created after that point has a real easy trail to follow from point A to point B and will still be under copyright for quite some time now. |
|
|
|
|
04-11-2008, 04:45 PM
|
#14 | |
|
member of G.R.O.S.S.
Join Date: Jan 2002
Location: right here
Posts: 10,836
|
Quote:
You can register anything, but if pursued you have to provide proof that the work is yours. Usually, that is a copyright registration, but if the copyright registration is what's in dispute then you need to provide another means. |
|
|
|
|
|
04-11-2008, 04:56 PM
|
#15 | |
|
Jason A. Quest
Join Date: Mar 2005
Location: Purgatory, Michigan
Posts: 1,785
|
Quote:
It would require someone to exercise due diligence in trying to identify the copyright owner, which in addition to a search of the copyright registration, "includes the use of reasonably available expert assistance and reasonably available technology". Such as checking the web site the image appears on for a copyright notice, or e-mailing the owner of a DeviantArt account. If there's a reasonably-priced for-pay service that might help them find the owner, they'd have to use it; that's in the bill too. If they didn't do all this, they would be just as liable for copyright violation as they are now. The bottom line is that this legislation would still require someone to actually try to identify the owner, and they'd have to demonstrate that they did so, and failed. It's not a repeal of the no-registration-required provision of the 1976 Act... which is good, because that would probably require the US to withdraw from the Berne Convention and WIPO. |
|
|
|
|
 |
| Thread Tools | |
| Display Modes | |
|
|
Linear Mode
