Forums > Photography Talk > Orphan Works Act : Write your senators!

Photographer

MelissaMariePhotography

Posts: 1987

Clearwater, Florida, US

Hey all,

You can find the name and contact information for your Senators at
http://www.visi.com/juan/congress/



Here is the letter:



Re: S.2913 the Shawn Bentley Orphan Works Act of 2008

Dear Senator ________________________________:

I am a professional photographer and it is crucial to my professional
livelihood that you oppose this bill in its current form (Orphan
Works). If this bill's current language becomes law, it would permit,
and even encourage, wide-scale infringements of my copyrighted
photographs while depriving me of many of the protections currently
available to me under the Copyright Act, including the right to ask
the courts to award statutory damages and attorneys' fees. In the
publication world, the reality is that most photographs will easily
become considered orphaned, depriving me of a significant part of my
much needed income.

I urge you to oppose this bill unless and until it is amended to
contain at least the minimum provisions that are critical to protect
photographers, including but not limited to a notice of use that must
be filed before the use is made, upon penalty of losing eligibility to
claim orphan work status for failure to file the notice; an archive of
the notices, to be maintained by the Copyright Office or an approved
third party; and other protections that appear in the current (May 15,
2008) language of H.R. 5889.

Please let me know if you have any questions or if I can provide you
with any additional information. Thank you for your time. I hope that
you will take the necessary actions to protect my interests and
prevent the passage of this bill until it is amended to be fair and
reasonable to all parties.

Respectfully yours, (your name)

Please send now!

May 20 08 07:42 am Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

MelissaMariePhotography wrote:
I urge you to oppose this bill unless and until it is amended to
contain at least the minimum provisions that are critical to protect
photographers, including but not limited to a notice of use that must
be filed before the use is made, upon penalty of losing eligibility to
claim orphan work status for failure to file the notice; an archive of
the notices, to be maintained by the Copyright Office or an approved
third party; and other protections that appear in the current (May 15,
2008) language of H.R. 5889.

I understand the idea of writing to your senator to oppose the Orphan Works Act, but I don't understand the point of this letter.  The provision you are asking for, the filing of notice before the work is used, is indeed contained in the current version of the bill.  A lot of organizations fought hard to get that provision.

There are still, however, in my view, many problems with the act.  As an example, I am not opposed to educational educational institutions using my work for legitimate purposes, but I am opposed to others using them for commercial purposes.  What this act does is to deny me the right to say that I don't want my photos used for a particular use, or for that matter, I don't want them used at all.

More importantly, the impact of this bill falls squarely on the shoulders of the smaller producers.  If Universal produces a movie, do you really think that they won't be able to find the copyright holder for the film ten years from now?

My point is simple, rather than discouraging the passage of the Orphaned Works Bill, in my view, this letter encourages it so long as it includes the provision requiring a statement of intent.  I think the bill needs quite a bit more work before it is ready for passage.

Perhaps we need a better letter to send en masse.

May 20 08 08:20 am Link

Photographer

Imagemakersphoto

Posts: 786

Saint Paul, Minnesota, US

https://www.modelmayhem.com/po.php?thre … age=1#last

See this thread for info.

Also,

Orphans Works Act of 2008 bill number s.2913

Link to current version of bill so you can read it (May 15, 2008).
http://www.asmp.org/news/spec2008/COE08543_xml.pdf

Article in Photo District News on May 8th 2008
http://www.pdnonline.com/pdn/newswire/a … 1003801084

And APA Responds to PDN's Orphan Works Story on May 12th 2008
http://www.PDNPulse.com/2008/05/apa-res … .html#more

http://rasadesign.com/orphan-works-bill.html

Also the ASMP has info on it and keeping it updated as the bills work there way through the House and Senate.

ASMP
http://www.asmp.org/news/spec2008/orphan_update.php

http://www.asmp.org/about/hot_issues.php

APA
http://www.apanational.com/i4a/pages/index.cfm?pageid=1

Illustrators Partnership
http://capwiz.com/illustratorspartnership/home/

SAA
http://www.stockartistsalliance.org/orphan-works

http://www.orphanworks.blogspot.com/

a page for artists (photographers, photojournalists, illustrators, painters,.......) to contact your members of Congress. They have letters all ready written that you can customize and it will send it to your reps. Here is the link. Scroll down to find photographers or what ever art you wish to represent.

http://capwiz.com/illustratorspartnership/home/

Regardless of how you feel on this bill, you should read up on it and its impacts on artists. One possibility is having to register your copyright with 1 (or multiple) private companies that will act as clearing houses. What a headache that would be on top of registering your work with Copyright Office.

May 20 08 11:58 am Link

Photographer

JCW

Posts: 123

Beltsville, Maryland, US

Let's not fool ourselves once this bill passes the law will be on the side of Google for image theft and then it will be David verses Goliath & his other brother Goliath.

I'm reposting this link: http://capwiz.com/illustratorspartnership/home/
I believe it's very important for all US creatives to send their Senators letters TODAY & TOMORROW!!! Tell them NO

May 20 08 04:36 pm Link

Photographer

KevinMichaelReed

Posts: 1554

New York, New York, US

Those of you in NY, APA has requested we start a fax campaign to Senator Schumer who says his office hasn't received many contact opposing Orphan Works.

Here's a link to the email send by APA:
http://app.e2ma.net/app/view:CampaignPu … d1fe4d82d7

May 20 08 05:17 pm Link

Photographer

Imagemakersphoto

Posts: 786

Saint Paul, Minnesota, US

Dear ASMP member:

Tomorrow, Wednesday, May 21, the House Judiciary Committee’s Subcommittee on Courts, the Internet and Intellectual Property will hold a closed-door session on H.R. 5889, the orphan works bill. It is crucial that all of the protections for photographers that have been included in the current language of that bill stay in that bill, without change or erosion, and that nothing is added to the language that would be to our detriment.

Time is short, and it is essential that you act, and that you act immediately!

We are asking those of our members whose Representatives serve on the Judiciary Committee to contact them immediately. Time is critical, so please send a fax or email as soon as possible. There is a sample letter that appears below, and at http://asmp.org/news/spec2008/model_letter_HR5889.php on our website, that you can copy and paste, being free to edit as you like.
You can find who your Representative is at

http://www.visi.com/juan/congress/.

When you click on his or her name, you will see a list of his or her committee memberships. If you see either “House Committee on the Judiciary” or “Subcommittee on Courts, the Internet and Intellectual Property” listed, please send the message that appears below. If your Representative does not serve on the Committee or Subcommittee, you need not take any action at this point. We will need your help later, but not right now.

May 20 08 05:42 pm Link

Photographer

JCW

Posts: 123

Beltsville, Maryland, US

bump

May 20 08 08:44 pm Link

Photographer

Paul Brecht

Posts: 12232

Colton, California, US

May 20 08 10:40 pm Link

Photographer

Kevin Connery

Posts: 17824

El Segundo, California, US

Paul Brecht wrote:
the PPA endorses it...

PPA is in favor. John Harrington, in his PhotoBusinessForum's blog expressed concern about PPA's participation in the process.

ASMP says "the Senate version of the Orphan Works legislation does not provide even the minimum protections that ASMP considers necessary for photographers."

APA is opposed.

NPPA is opposed.

NANPA says the "Senate version of the bill (discussed further below) would be significantly more damaging to the rights of creative artists than the version advanced in the House of Representatives".

PDN has an article about the different stances of the various photo organizations.

May 21 08 12:06 am Link

Photographer

J C KUNSTFOTOGRAFIE

Posts: 2691

Los Angeles, California, US

Kevin Connery wrote:

PPA is in favor. John Harrington, in his PhotoBusinessForum's blog expressed concern about PPA's participation in the process.

ASMP says "the Senate version of the Orphan Works legislation does not provide even the minimum protections that ASMP considers necessary for photographers."

APA is opposed.

NPPA is opposed.

NANPA says the "Senate version of the bill (discussed further below) would be significantly more damaging to the rights of creative artists than the version advanced in the House of Representatives".

PDN has an article about the different stances of the various photo organizations.

There's probably a VERY interesting inside story on how PPA was corrupted into supporting this dastardly piece of pro-theft legislation.

May 21 08 05:09 am Link

Photographer

JASMfilm

Posts: 58

Eugene, Oregon, US

Thanks for the info Melissa - I will be doing that after I get off this site. This act is bullshit and it's pissing everyone off  - here and in Europe (and they're mad enough at us already for the last 8 years of BS).

This is something none of us photographers should ignore.

May 21 08 05:18 am Link