Archived posting to the Leica Users Group, 2008/05/11

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Subject: [Leica] Support the Orphan Works Bills! Kill the Publishers!
From: images at comporium.net (Tina Manley)
Date: Sun May 11 18:57:11 2008
References: <0K0O00CK3OGA8A60@l-daemon> <0K0P0046CPYWM620@l-daemon> <6b9bd80a0805111021o62758888j4b06310172087f85@mail.gmail.com> <200805112000.m4BK0EWV084993@server1.waverley.reid.org> <200805112033.APZ75647@rg4.comporium.net> <200805112040.m4BKebuu096556@server1.waverley.reid.org> <200805112130.AQJ43722@rg5.comporium.net> <200805112352.m4BNqwwe042189@server1.waverley.reid.org>

At 07:52 PM 5/11/2008, you wrote:

>I have read them.  They are what we need.  I support any mechanism 
>for forcing publishers to pay royalties.  The current law allows 
>them to slide.  This would force them to pay if we paid the $45 fee.
>
>Go for it!  This is a good act.  Which means it probably will not 
>pass, but a good act it is.
>
>Marc

WHAT!!  Nothing in this bill forces publishers to pay royalties. It 
is the exact opposite and gives publishers the right to use Orphan 
Works and derivatives without paying anyone for anything.  How can 
you possibly come up with this opinion!!  Photographers currently 
have to pay $45 for copyright registration so they can claim damages 
and litigation fees in a copyright infringement.  The new bill would 
require photographers to pay $45 or more to register every photo or 
their photos will be considered fair game for anybody who want to use 
them for any purpose.  This has nothing to do with forcing publishers 
to pay royalties.  In fact, it would allow them to use your photos 
for nothing, unless you have paid and registered each photo.  And 
then, only if you personally find that the publisher has used your 
photo, are the publishers required to pay you what THEY consider is a 
reasonable fee for the use of the photo.  It will be the end of stock 
photography.  It is inconceivable that any photographer could support 
this bill.

Tina

Tina Manley
ASMP, NPPA, EP, PI
http://www.tinamanley.com 


In reply to: Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . HERE YOU ARE! A MUST READ EVERYONE! :-()
Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from gwpics at googlemail.com (Gerry Walden) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from marcsmall at comcast.net (Marc James Small) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from marcsmall at comcast.net (Marc James Small) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from marcsmall at comcast.net (Marc James Small) ([Leica] Support the Orphan Works Bills! Kill the Publishers!)