Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2003
    New York, NY
    Thanked 299 Times in 37 Posts

    Artist Rights; Orphan Works

    Stuff you should care about from the Illustrators Partnership of America:


    An Orphan Works Road Map
    As the Orphan Works bill barrels along, the first thing to remember is that so far, this is only a House bill. The Senate will now draft a bill of its own. We’ll tell you what you can do to oppose this amendment below, but first, let’s review:

    The Orphan Works Study was conducted in 2005 and released by the Copyright Office January 31, 2006. It has now been transformed into the House Bill (H.R. 5439). The Senate will still rely on The Orphan Works Study as an authoritative source in drafting the Senate bill.

    The House Subcommittee drafted its bill (H.R. 5439) after one hour of public testimony March 8, 2006. Four witnesses testified. Artists were not invited. Chairman Lamar Smith (R-TX) told witnesses that any group which opposed the bill would be “left behind.” Witnesses agreed (or were pressured to agree) that they would consent to a speedy compromise on the bill’s final language.

    House Negotiations. By invitation only, House negotiators met between March and May for 20 hours of closed-door sessions. Creators were represented by Professional Photographers of America (portrait, wedding and baby photographers) and by the American Society of Media Photographers (speaking by default for illustrators and graphic artists). A lobbyist for Getty and Corbis was also appointed by the House to represent creators.

    The Orphan Works Act of 2006 (H.R. 5439) The House bill was introduced to the subcommittee last Monday, May 22, 2006 and marked up 2 days later by voice vote of a quorum of the subcommittee. Chairman Smith intends to move the bill out of full committee immediately and into the House of Representatives where it will be voted on. The House has been told that the bill represents the best interests - and the consent - of all parties.

    Our Immediate Strategy. Because the bill has been moved so quickly, artists will now have no time to express their opposition to members of the House Judiciary Committee. We must shift our focus to our district Representatives and members of the Senate Judiciary Committee.

    Your Own Congressman. Locate the name and address of your own House representative. You can do this by going to and simply entering your zip code in a search box. Over the next few days, we’ll supply you with bullet points to use in your letters. Please remember to emphasize that this bill far exceeds the mandate of an orphan works bill and that it will interfere with our rights as small businesspersons to engage in free market business transactions.

    Senators. For the moment, we think it will be most effective to target Senators on the Senate Intellectual Property Subcommittee. We’ll provide you with the information to proceed.

    Please remember that what has happened in the House subcommittee is the result of negotiations that were put in place before artists began writing letters to Congress.
    It was a result of your letters that the Illustrators’ Partnership was invited to testify before the Senate April 8. This shows that if we speak out, we can be heard. No one should think that a letter to your senator or congressman will be wasted or used to prove disunity within our field. Artists may disagree on how to respond to the theft of our rights, but we can all agree we don’t want our rights stolen.
    — Brad Holland and Cynthia Turner, for the Board of the Illustrators’ Partnership
    To read H.R. 5439 - The Orphan Works Act of 2006, go to
    Enter H.R. 5439 in the search box, and select the "Bill Number" search option.It will take you to a master page where you can monitor this Bill's status as it moves through the process. You can review who signs up to Cosponsor the Bill, amendments that may be added, and all Congressional actions on votes and reports.

    For additional information about Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists
    Or see IPA Forums: “Free Culture-The Copy Left Is Not Right.”

  2. Hide this ad by registering as a member
  3. #2
    Join Date
    Aug 2003
    Thanked 2 Times in 2 Posts
    Wow. Thanks for posting this Irene. I feel really ignorant - I had no idea any of this was going on. Sometimes it's really important to step away from the easel and see what's going on. I got all the info I need...I'll be sending a letter shortly. Thanks.

  4. #3
    Join Date
    Jun 2003
    Vancouver, BC
    Thanked 319 Times in 109 Posts
    I really think this could be a good bill. It's a shame they're going about it the wrong way.

    There are millions of truly orphaned works (an overwhelming majority of copyrighted works are orphaned) that nobody will ever see because the owner has abandoned them, are simply not able to be found, or the company that owns them went out of business.

    Like this, for example. As I understand it, they're putting themselves in legal danger for publishing these photos, but under an orphan works bill, they'd be able to protect themselves by attempting to track down the owner of these photos before publishing them.

    Of course the requirements for due diligence have to be stringent enough to prevent abuse of the system. That's what will make or break a bill like this.

    I'd really like to see this bill done right. I've always believed that having an important work of art ripped off was preferable to an important work of art fading into obscurity.

    0kelvin My portfolio! Go check it out!

Similar Threads

  1. Orphan Works: Back Again
    By robertoortiz in forum Artist Lounge
    Replies: 1
    Last Post: July 2nd, 2009, 02:47 PM
  2. Orphan Works Bill on the floor.
    By Senira in forum Artist Lounge
    Replies: 9
    Last Post: September 27th, 2008, 07:56 PM
  3. Orphan Works Act...
    By mbharrison1 in forum Art Discussions
    Replies: 1
    Last Post: May 7th, 2008, 02:12 PM
  4. Orphan Works
    By Bad_Kat in forum Art Discussions
    Replies: 1
    Last Post: April 15th, 2008, 01:30 PM
  5. Orphan Works Legislation
    By Mirana in forum Artist Lounge
    Replies: 14
    Last Post: March 10th, 2006, 08:41 PM

Members who have read this thread: 0

There are no members to list at the moment.


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
Designed by The Coldest Water, we build the coldest best water bottles, ice packs and best pillows.