wwp@yahoogroups.com:
Re: Coincidence: Orphan Works: A License To Infringe
Ken Stuart 2008-Jun-16 19:47:00
Hi all -
Please note that at least in the US, copyright is "To promote the
Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings
and Discoveries." This is from the Constitution, which does not
mention copyright is to protect creators; it's to promote BY
protecting creators. For a limited time.
The orphan legislation is not about bit and pieces of a work becoming
separated from one another. All digital content will be fully
protected already for many years to come, whether in whole or in part.
Rather, the orphan laws are growing out of the abuse of the current
system: ever-increasing lengths of copyright, which are pushed by
large media conglomerates.
Every time copyright is extended, more and more works become orphaned
in the sense that it becomes harder and harder for someone who
legitimately wants to use them to find their creators. Allowing a
documented good faith effort to find orphans' owners, then use them
when unsuccessful, is a good thing for society as a whole. It serves
the original purpose of copyright stated in the Constitution.
We do NOT have any kind of coincidental case with ZKM. No works were
orphaned there. The WWP page clearly states copyright policies. If ZKM
could not find the panorama copyright owners that's no excuse. Orphan
legislation aims at old works, not new ones, which all digital media
are.
For some background on orphan legislation see the links below. I
encourage you to support this kind of work, not fight it.
http://lessig.org/blog/2007/02/copyright_policy_orphan_works.html
http://excesscopyright.blogspot.com/2008/05/lessig-on-orphan-works.html
-Ken
On Sat, Jun 14, 2008 at 2:40 PM, Tamas D.Varga <#removed#> wrote:
> What a crazy world!
>
> The proposed Senate Bill 2913 and House of Representatives Bill 5889
> (The Orphan Works Act of 2008) allows for use of works for which the
> copyright holder can't be found and limits liability for those users
> who perform and document "a qualifying search, in good faith, for the
> owner of the infringed copyright."
>
> Uh, sounds similar? Coincidentally we have a very similar case with
> ZKM/Globorama
>
> It is an arrogant legislation that legalises theft and will affect
> artists and other creators of intellectual property everywhere,
> reducing your intellectual property rights and defying international
> understandings such as the Berne Convention.
> This will put will put thousands of artists in small businesses out of
> business.
>
> No matter if you live and work in the US, please read, think it over
> http://stevemarselphotoblog.typepad.com/steve_marsel_photo_blog/
> read the recent post as well
>