As promised, the press office of the Senate Judiciary Committee just sent me their release on the Shawn Bentley Orphan Works Act of 2008. (Thanks, y'all!) Below the cut, it's reproduced in full. The first section is a press release, i.e., the who (as in, who's sponsoring it), what (description of the bill), when (today), where (Washington, DC) and
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They can do that *now*. See Disney.
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I've heard this argument raised from a number of different directions, and it's an important thing to take into consideration; it's one I'll be discussing in detail when I post my analysis of the House and Senate bills (after I've had a chance to read them, that is).
The main thing to remember here is that this is an existing problem for artists under the status quo of US copyright law. Under the current system, if LargeCompany, Inc. infringes J. Random Artist's copyright, J. Random is looking at a lengthy court battle during which he'll need to show a preponderance of evidence (which is a legal standard widely used in civil courts -- it's less than the "beyond a reasonable doubt" that criminal courts require) that the original work belongs to him (easy, if J. Random has ( ... )
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If you're interested, I could pass along the summaries I wrote for them, though I'm sure you're ahead of me on that.
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