Archived posting to the Leica Users Group, 2008/05/10

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Subject: [Leica] Orphan Works - WHO to contact? Senate.
From: tedgrant at (Ted Grant)
Date: Sat May 10 16:19:46 2008

Emilio asked:

>>Subject: Re: [Leica] Orphan Works - WHO to contact? Senate.


I'm sure this is a really dumb question, but who is this act intended to
benefit?  Are there any cases given to justify a "need" for it?<<<<

Emilio to answer your question.

It will benefit everybody in the world who wants to steal your photographs,
mine and anyone else without permission nor paying, nor giving you any form
of compensation, absolutely no creditline to you for taking the picture.
That's just a few for openers! 

It's possible you could find yourself being sued for a huge sum of money,
including maybe going to jail, if your photograph was used in a disparaging
fashion by another person and they claimed they didn't know who took the
picture.. You did! Even though it didn't have your name on it! It's a so
called Orphan picture! 

Every and any photograph posted to the internet can be used by anyone for
whatever reason they wish to use. And I don't mean just American
photographers  .... It's everyone! Simply because the internet is WWW! 

If you've posted a picture on the internet or any other location pictures
can be used without any identification.

It could be a picture of your wife or your child in a family setting used
for a major advertising campaign making the designer of the advertisement
multi-thousands of dollars and "YOU CAN'T DO A THING ABOUT IT!! 

If this "Orphan bill" passes any picture, painting or visual piece of art
can be used by anyone for any purpose whether you or anyone else likes it or

Nor can you demand any form of compensation because the user can claim the
"Orphan Clause" and get away with it.

On the internet stealing pictures for many purposes goes on daily. Sometimes
the misuse is caught, most times it isn't.

But the Orphan bill opens it to completely open theft internationally. 

Actually every LUG member who's posted a picture and it's still on the
internet somewhere "WILL BE AFFECTED" by the passing of this US legislation.
Whether anyone likes it or not. :-(




In reply to: Message from eperea at (Emilio Perea) ([Leica] Orphan Works - WHO to contact? Senate.)