Legislation Has Three Possible Outcomes

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: 

  1. H.R. 5889 that includes the exclusion of useful articles and the Notice of Use provisions could pass in the House.  A reconciliation process between Senate-approved S. 2913 and H.R. 5889 would then take place prior to the bill being sent to the President to become law. 

    2.  

  2. S. 2913 could be pushed through the House to become law as it is without any Notice of Use clause.  

    3.  

  3. An entirely new bill could be crafted in the next Congress.  This is the worst of the three prospects, because many outside interests oppose the provisions the Guild fought to get into the law. If those provisions are stripped out, the law will be far worse for artists of all types.  This is precisely why the Guild felt compelled to support H.R. 5889 earlier this year. 

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: 

  • American Association of Museums
  • American Library Association
  • Association of American Publishers
  • Association of American Universities
  • Library of Congress
  • Copyright Office
  • Motion Picture Association of America
  • Public Knowledge
  • Recording Industry Association of America 

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.