 |
| Happy Holidays from the Graphic Artists Guild. |
We know 2009 was a crazy and demanding year and we’re glad to see it come to a close. One good note is that Orphan Works did not make an appearance. We’ll be back in 2010 with updates and information as it becomes available.
On behalf of the Graphic Artists Guild, have a wonderful holiday and may the New Year bring much joy and many blessings to you and yours.
All the Best,
Tricia McKiernan
Executive Director
There have been a number of accounts on the Internet and elsewhere reporting that passage of Orphan Works (OW) legislation is imminent. The Guild’s contacts on the Hill are extensive and constant. We have been assured by Congressional staff that no OW bill is imminent, nor is it expected in the near future. We will continue to monitor the situation and keep you posted.
The website Economist.com is featuring a debate about the virtues, or lack thereof, regarding copyright law. The most alarming part of the matter is that supporters of copyright protection are currently losing badly. Let’s change that right now.
We’re encouraging the entire artistic community to visit the Economist site and vote on this vital issue that protects our economic interests. Vote against the stated motion on the site that says, “This house believes that existing copyright laws do more harm than good.”
Please also read the comments of moderator Kenneth Cukier, copyright opponent Professor William Fisher, and copyright supporter Professor Justin Hughes. The Guild urges all artists to support Professor Hughes’ viewpoint with professional and insightful comments in addition to voting against the proposed idea about copyright being harmful.
This is an excellent opportunity for our community to reach out to the readers of the Economist who are interested in business and world affairs issues. Tell them ours is a profession of value, and we will defend it with practical and actionable business positions.
Please visit the Economist site now to vote and comment responsibly.
Patrick Ross wrote a great piece at the Copyright Alliance blog about his artist daughter and her possible future career. His main concern is that she always retains the right to do with her work as she desires, and we couldn’t agree more.
Ross is the Executive Director of the Copyright Alliance. The Graphic Artists Guild is a member of the Copyright Alliance, an organization that’s dedicated to the value of copyright as an agent for creativity, jobs and growth.
As Ross points out, no one is entitled to make a living as an artist. Only talent and perseverance will make that a reality in today’s marketplace. But regardless of talent level or professional status, no one has the right to take the work of another without permission or proper compensation.
Ross encouraged his daughter to study English, because liberal arts schools evaluate students’ performance in the subject as a primary consideration for admissions. That might be true, but today’s artist needs a solid background in business as well. The realities of the marketplace demand a pragmatic approach to our profession more than ever before.
Copyright is one of our most valuable tools. There’s little question about that, but its power lies in our individual and collective ability to properly defend it. In a world awash in images, taking tighter control of our own property is a necessity.
The digital age is both a blessing and a curse bringing many challenges and opportunities. It’s easier to find prospects, but competition is fiercer than ever. Software simplified our work and expanded our creativity, but those same tools are often in the hands of those with little talent and people seeking lower fees. Displaying our work to large audiences is more efficient, but it makes us equally vulnerable to theft.
Most of us know that every advance of the digital age requires artists to be smarter, more vigilant and keener professionals. As Mr. Ross’ daughter ventures out into the world of artistic commerce today, she must be cognizant that ours is a profession in a state of constant change from both sides of the coin - technologically and culturally.
That’s why all artists must stand behind their own copyright just as Mr. Ross, the Guild and thousands of others have done for decades. Copyright is an active possession - not a passive one.
Thank you Mr. Ross for being an active copyright defender, a lesson your daughter has undoubtedly taken to heart.
Representative Rick Boucher (D-VA) was named chair of the U.S. House Energy and Commerce Committee’s Subcommittee on Communications, Technology and the Internet on January 8. While we don’t know what impact this appointment will have for the creative community, Boucher has repeatedly sought copyright reform to the detriment of rights owners.
Boucher sought to reduce anti-duplication protections in the Digital Millennium Copyright Act, and wrote a column in CNet defending the right of users, primarily consumers, to make limited copies of copyrighted material as a critical element of exercising their First Amendment rights.
Most recently, Boucher introduced the Freedom And Innovation Revitalizing U.S. Entrepreneurship Act of 2007 (also called the FAIR USE Act of 2007 - not to be confused with the fair use section of the copyright law) with John Doolittle (R-CA) that would have allowed consumers to circumvent digital locks on media and limited statutory damages against individuals and firms that engaged in contributory infringement, inducement of infringement, vicarious liability and indirect infringement.
As always, the Guild will keep you informed of any further developments.
The year is winding down and so is this Congressional session. Megan Gray, the Guild’s lobbyist, continued having meetings with key House and Senate offices and the different industries and associations that are part of the long list of Orphan Works stakeholders. These meetings continued our efforts to advocate on behalf of artists’ interests and to educate key people about the graphic arts industry and its vital role in the US economy.
 |
We all know that the Senate version of the bill, which the Guild opposed, passed in September, but we were able to block the passage of that version in the House because of our insistence on a Notice of Use clause and the strategic decision on our part to back the House version based on the Notice of Use clause. We know that not everyone understands that decision, but if we had not done that, the Senate bill would have likely swept through the House with as little opposition as it encountered in the Senate itself.
As this session of Congress wound down, the House bill seemed to have stalled. The reasons for this are varied, including a preoccupation with the economic crisis the country is facing, and the fact that two other key stakeholders, both of whom are strongly in favor of the basic contours of the bill as it stands, have recently butted heads over a provision in the bill that doesn’t really affect visual artists one way or another. At the moment, this works in our favor. Read more …
House Judiciary Chairman John Conyers, Jr. (D-MI) announced on November 12 the abolishment of the Subcommittee on Courts, the Internet and Intellectual Property. Among the legislation the subcommittee was pursuing is Orphan Works (OW). See original CongressDaily article here.
The move opens up almost any possibility for the future of OW except one - some law will most certainly pass. The remainder of the potential outcomes fall into one of three categories:
OW will not die or be permanently defeated. It has been reintroduced five times during the last three Congressional sessions, and there’s absolutely no reason to believe the 111th Congress will be any different. The interests behind the legislation will continue their pursuit of the matter as they have during the past six years. The pro-OW parties include:
The period between November 17 when Congress is scheduled to reconvene and the new Congress in 2009 is known as a “lame duck” session. Most believe the majority of effort during this term will be spent on the economic crisis, but it’s possible that one of the first two prospects listed above could pushed through during the session. All three of the itemized possibilities are in play during the next session.
Our lobbyist, Megan E. Gray, is working Capitol Hill for us now to get a better read on the situation. If there is significant, confirmed news during the lame duck session, we will apprise our members of the situation. If the legislation is still pending when the new session of Congress convenes in 2009, the Guild will be there in force to work for the best possible outcome.
We strongly urge our members to resist the temptation to claim victory and turn their attention away from this crucial law for our profession. Such an idea is not only false, it also risks taking the pressure off lawmakers, which could give them the room to pass a more damaging law to our interests. Remain engaged in this issue.
The Guild will continue the fight on Capitol Hill We need artists to be unified and involved in the process.
The Orphan Works legislation has stirred up a storm of emotion, and the letter that follows is just one of many we’ve received.
Please read the entirety of the letter we received and our response by following this link. Read more …
The latest version of S. 2913, the Shawn Bentley Orphan Works Act of 2008, is posted below as an Adobe Acrobat file. This version does have better requirements in the provisions regarding ownership search, but in the opinion of the Graphic Artists Guild, it does not go far enough. The Guild refused to support this latest version, but it’s included here to keep our members informed.
Lisa Shaftel, the Guild’s Advocacy Chair, and Megan E. Gray, the Guild’s lobbyist, were contacted late Friday by staff from the chairman of the full House committee who reported the House version was on the move, and we’ve seen some documentation to that effect. That said, the Guild and ASMP have been working diligently and believe the progress has been temporarily halted. Congress has adjourned, and it’s anybody’s guess what will happen with Orphan Works legislation during the post-election lame duck session.
The Guild will be updating everyone through this blog and our website regarding the current status of all Orphan Works legislation when we have more information.
The Senate passed S. 2913 -The Shawn Bentley Orphan Works Act of 2008- by “hotline” on Friday, September 26, 2008.
Representative Berman still intends to release the mark-up of his bill, HR 5889. Either the House version of Orphan Works legislation, H.R. 5889, or the Senate version will become law. There are no other possible outcomes. The Guild continues to support Rep. Berman’s House bill.
The Graphic Artists Guild is urging all members and other artists to support H.R. 5889, because the bill includes a Notice of Use provision that includes a procedural “speed bump” for potential infringers. The Guild and other visual creators’ organizations have fought for inclusion of the Notice of Use and other clauses in Orphan Works legislation. The Notice of Use stipulation requires users to file their intent of using a suspected orphan work prior to use in an archive maintained by the US Copyright Office or other sanctioned entity. Read more …
