Comments | foresthouse: Copyright and Orphan Works: Why the sudden panic?

foresthouse

Copyright and Orphan Works: Why the sudden panic?

Apr 13, 2008 17:13

Via cleolinda's last post (which links to discussions by ursulav, kynn, and maradydd), I've learned that suddenly, out of nowhere, people are getting all het up about the Orphan Works issue. Which is surprising, considering the last big governmental consideration of the issue was in 2006, until you realize that some guy named Mark Simon over at Animation ( Read more... )

writing, law, law school, the internet iz serius biznes, copyright

Comments 15

dgenerator April 14 2008, 03:29:56 UTC

It's a good time for apocryphal horror stories, I think. I knew on the face of it that this supposed 'bill' was a load of bullshit. I just didn't know where to look to prove it.

foresthouse April 14 2008, 07:37:43 UTC

And here I am with all the info! Hee. Yeah, it's like, INTERNETZ, PANIC! Except this time at least everyone but this one guy is all, "Whatevr, dude. Shut it."

cleolinda April 14 2008, 03:39:52 UTC

What just kills me is how hysterical people are getting over it. So thanks for talking about it some--it's funny, because when people actually hear what it's really about, they start to think it might be a good idea.

foresthouse April 14 2008, 07:38:51 UTC

Yeah, there are actually some good ideas that have come out of the discussions, as I discuss in the paper (which I might try to summarize parts of later). And you know I'm strongly in favor of protecting copyrights, so it's not like I'd be cavalier about new legislation.

sucrelefey April 14 2008, 19:50:29 UTC

Now I love our orphan works legislation all the more and its ruthless in its qualifiers.

Actually I have a few questions - split into several posts due to character limit on LJ replies. arshes April 19 2008, 14:23:52 UTC

I'm an artist and I've been looking into the issue myself and understanding copyright law for quite a while (well years now) mainly because I wanted to run a small business that sells character goods...like a Sanrio (Hello Kitty ( ... )

Re: Actually I have a few questions - split into several posts due to character limit on LJ replies. arshes April 19 2008, 14:29:06 UTC

I really don't see too many loopholes people have applied but I'd like to see your thoughts on this, and see if these are scenarios could be possible

Al Gore wants to do a documentary on Global Warming. He finds a really cool picture he'd like to use as background as he delivers commentary about how Global Warming is going to destroy us. He can't find who legally owns the copyright. Since Al Gore "invented the internet" he does numerous searches online and through various organizations such as GAG or even IPA to find the owner. After a long search which would entail months, he pleads his case before Copyright about usage. Board looks at Gore's documented searches, finds he's diligent and gives him the go ahead ( ... )

Re: Actually I have a few questions - split into several posts due to character limit on LJ replies. foresthouse April 20 2008, 04:05:25 UTC

I've also addressed the issue of moral rights (which relates to your Al Gore scenario), at least briefly, in my next post. The U.S. copyright law is founded in an encouragement of the arts and sciences for the public good, not in the moral right of the author to control his/her work. So that argument is not as strong in U.S. law as in some other countries. However, there are often forms of injunctive relief available, depending on the situation, that could make someone stop using the work ( ... )

Re: Actually I have a few questions - split into several posts due to character limit on LJ replies. foresthouse April 20 2008, 03:55:01 UTC

Thanks for stopping by!

Well, first off, I'll admit I don't know that much about Canadian copyright law. :) But from what you've said, it's not quite the same as the 2006 proposed legislation. Whereas in Canada you have to present evidence of your search first and get the use approved, here the copyright owner would have to try to enforce their rights after discovering the use. THEN the user would have to prove there was a reasonable search, and a court would decide the outcome (sort of like the panel). The difference is, of course, in who has the first burden to raise the issue - user vs. copyright owner.

Second, right now there is no proposed bill before Congress, so there's no action being taken yet. However, there is a *rumor* that there will be legislation proposed come May. It appears from the Copyright Office's statement that this legislation will be based on the 2006 proposals ( ... )

fenris_lorsrai April 25 2008, 21:30:03 UTC

If you get lots of weird comments left, it's because this post is now in StumbleUpon.

Thanks for having the facts in one easy place. I'm getting tired of people freaking out on art forums.

foresthouse April 27 2008, 19:59:28 UTC

Thanks for the FYI. :)

I'll be glad if people (authors/artists in particular) find this, because I think it's important for people who are going to be affected the most to know exactly what is actually being proposed, the pros and cons, etc. The more people understand, the more valuable comments or critisms can be made when new legislation is introduced. :)