Archived posting to the Leica Users Group, 2008/05/12

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Subject: [Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!
From: images at comporium.net (Tina Manley)
Date: Mon May 12 11:53:34 2008
References: <0K0Q009PN5STT040@l-daemon> <00b701c8b3b5$f94302b0$80f510ac@chris0436b6050> <049901c8b3b6$9d5aea20$0302a8c0@robertbxucevjs> <200805120137.AQJ68949@rg5.comporium.net> <015801c8b3e8$f9755520$ec5fff60$@net> <200805121304.AQA65713@rg4.comporium.net> <01b301c8b437$24607000$6d215000$@net> <9b678e0805120737x3fb8cb18gf9e7ba89b1be4b82@mail.gmail.com> <01d601c8b459$390d96a0$ab28c3e0$@net>

At 01:54 PM 5/12/2008, you wrote:
>Tina has made some comments that under certain use provisions  (
>educational, editorial,, and one I just keep forgetting ) that protections
>is no longer available under the proposal.  I think that is BS.  Especially
>if you are a PJ.... there goes your job  ( as with wedding photographers,
>there is no market any more....)  But this is a small ( but verbal) group of
>the entire population of photographers, pro and amateur.  It is the overall
>protection of the population in general that need to be used to decide, not
>the special interests......

Documentary is the one you keep forgetting.  Photojournalists are 
protesting the bill.  NPPA has come out against it.

>I am not arguing, I am trying to understand..... Why or Why not is this a
>good bill... I see the good part... where is the bad part?  ( apart from my
>comments above for the Tina position).

Here is what Carolyn Wright, a photo attorney, says are the problems 
with the current bill:

Among the problems Wright sees in the proposed law is the potential 
availability of an orphan-works defense to commercial users. She 
quotes the U.S. Copyright Office's original announcement, which said 
the purpose of new legislation was to address the concern that the 
uncertainty of orphan-works ownership might needlessly discourage 
their use in new productive efforts, such as making works available 
to the public. "This can be accomplished without giving advertisers 
and merchandisers free reign to commercially use photographs," said 
Wright, who thinks that modifying the fair-use statute would be a 
better way to address many of the concerns that have purportedly 
prompted the orphan-works proposal.

Another issue characterized by Wright as major is the determination 
of reasonable fees, which the new law mandates be paid to the 
copyright owner, if found. "If the infringer and the photographer 
disagree on what is reasonable compensation, the photographer will 
have to file suit to pursue higher payment," she explains, "but the 
photographer will not have the potential benefit of having costs and 
attorneys' fees paid if the court determines that the orphan-works 
defense has been established.

Under the current law, courts can award costs and attorneys' fees, 
based on variety of factors." Since the filing fee of $350 is 
arguably more than some reasonable license fees, Wright thinks such 
lawsuits are likely to be cost-prohibitive, forcing photographers to 
accept lower fees. "Each bill's mandate for a study on remedies for 
small copyright claims won't help photographers with these problems 
in the interim," she elaborates.


To find out why it is a bad bill, just read the links.

For those who are still not convinced,  NPPA (The National Press 
Photographers Association) has also come out against the Orphan Works Bill:
http://www.nppa.org/news_and_events/news/2008/05/orphan02.html

And for our International friends, a blog against OW from England:
http://www.epuk.org/Opinion/848/uncle-sams-thieves-charter

And some examples of what is possible if this bill passes:
http://photobusinessforum.blogspot.com/2008/05/orphan-works-2008-wolf-in-sheeps.html

Now it has been revealed that the part ASMP was so proud of 
negotiating, eliminating commercial work from Orphan Work status, was 
thrown out.  Commercial work is now included along with editorial, 
documentary, educational and non-profit use.

http://photobusinessforum.blogspot.com/2008/05/orphan-works-senate-markup.html

There is nothing good about this bill.  ASMP says they are supporting 
it because future bills might be even worse.  What kind of reasoning is that?

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 - . A MUST READ EVERYONE! :-( DON'T CRYLATER! YOU WERE WARNED!!!)
Message from leicachris at worldnet.att.net (Chris Williams) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from robertmeier at usjet.net (Robert Meier) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from don.dory at gmail.com (Don Dory) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)