There's an interesting (if somewhat lengthy) discussion of this issue at: http://www.publicknowledge.org/node/392. I'

It seems to me that works most likely to become "orphaned" are those that are posted on the internet with no visible copyright info. However, shouldn't EXIF data (or File Info data in Photoshop) provide some degree of protection? In any case, it does appear that photographers are going to have to be more conscious of making sure their ownership is documented somehow. The question is, how costly will that effort be, if this bill passes?

I've only done a qick read so far, but that's enough to ring some alarm bells.......

Bill,

It is a bit hard to tell what could be the outcome as the Senate and House bills differ. But the main thing that is troubling is that it is an attempt to privatize copyright and to make the only copyright valid that is registered, and that the registration will be done by private agencies not the government as it is today.

That will give corporate America a free pass to use anything, music, writing, photos, art it wants to use if not registered, and if registered at a low cost as defined in the bills. In other words if they use something they will only be obliged to pay a modest usage fee, no court awarded damages. IT IS A LICENSE TO STEAL.

But I think the business world is blindly greedy and ignoring what has happened to the music industry because copyright protection was ignored and failed by illegal music and movie downloading. Both music and motion pictures are in a business slump because copyright has not been vigorously policed. A laissez fair environment where everything is free for the taking makes nothing worth creating, and if the best talent cannot make a good living with their creativity they won't make a career out of it.

With Orphan Work everyone looses, but corporate America is too blinded by greed to realize it.

Finally few will register their copyright, especially if you have to pay a fee to a private agency, because even now with the government which does not charge a fee, to register work takes so much time and expense to accomplish most cannot afford to do so.

PS Now copyright law awards copyright protection automatically and without registration. With Orphan Works the only creations that will be protected will be those that are registered with a private agency. All of the images not registered on the web in photo sharing sites, or in photographers private web sites if not registered will be fair game to the corporations. It will be up to the photographer to identify unauthorized use and demand payment, and then the amount will be limited by law.

In other words if Orphan Works passes just putting a copyright notice in a photograph, or identifying the file via EFIX data will accomplish nothing in terms of protection.

PS #2 the blog activity in opposition to Orpan Works legislation is very hot today, almost entirely in opposition.

One blogger noted that this Orphan Works law if passed may be in conflict with the International Berne Convention on Copyright (Article 5 section 2) and the rules the US is signatory to with membership in the WTO.

Any photographer who puts image on the web either in a public site or their own web site should be concerned.

Really check it out in the Google Blog Search of Orphan Works!

Although thousands of e-mails have been sent to congress on this issue on both sides, I am surprised so few enthusiasts are apparently concerned. From my perspective although Orphan Works may have some legitimate advantages to librarians, archivists and documentarians, it is a general threat to anyone creative and plays into the hands of corporations who are already prone to pirating art

The great problem is that a diligent search for the author in most cases now is not a possibility. And if Congress establishes a registry database that flies in the face of international copyright provisions that specify copyright must be automatic to the creator with NO formalities like registration required.

But these days no one seems to care the country is being taken over by corporations for their benefit at the expense of everyone else. When it is happening to photographers I have to speak up, but no one seems to be listening these days.

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But these days no one seems to care the country is being taken over by corporations for their benefit at the expense of everyone else. When it is happening to photographers I have to speak up, but no one seems to be listening these days.

You have the freedom to change that. Vote. Encourage others to vote. I agree with your statement, but instead of complaining about how the government sucks, get out there and do more than post on an online forum. I have to say that I'm surprised that I never saw anything about this in Shutterbug itself. I may have overlooked a smaller article, but I don't recall seeing anything. You'd think that this kind of act would warrant a cover story.... I saw more on the subject in PDN. Makes me wonder why I'm not happy with Shutterbug anymore, too many gear reviews and not enough photography itself. Anyways, that's for another topic.

-Brian

Almost every artist and creative organization in the country is very much involved in the Orphan Works bill, and the news and blogs on the subject I receive daily have been numerous and considerable. I have had an e-mail conversation with my US Senator that has revealed that our representatives in Congress are engaged. But also the lobbyists on the corporate side, media and publishers, have more weight and money with which to persuade the outcome favors them, I'm afraid!

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But also the lobbyists on the corporate side, media and publishers, have more weight and money with which to persuade the outcome favors them, I'm afraid!

I agree. That's corporate America at it's best. Free market. We built it now we must live in it. There are always downsides to good things. I hope you're right and the senators are engaged in getting rid of this idea. God willing, it will be gone.

Sorry but I do not have much confidence in an outcome favorable to people and photographers, largely because too few are showing interest and even fewer are speaking up.

As a lawyer (retired) and an active, serious photography hobbyist, I am alarmed by the Orphan Works issue and consider it urgent. I, too, have been surprised that Shutterbug and other photo mags have not publicized this issue because doing so could make a real difference. The numerous, serious photographers of this country who care what happens to their images are a sleeping giant and need to wake up immediately, because if this bill passes it will change our property rights dramatically. I agree with David Brooks that this bill in its current form would be a license to steal our images -- or at least use them commercially for free or next to nothing.

An artist friend tipped me off to the very useful email updates from the Illustrators' Partnership of America (IPA). According to Illustrators' Partnership: "Over 60 organizations, representing more than 250,000 creators, are united in opposing these bills in their current form. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses."
Read the list: http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00273

An alert I received from IPA yesterday says this bill has been "hotlined" twice this summer, most recently this week, and both times stopped by temporary holds by individual senators. Hotlining allows bills to pass without debate and without a roll-call vote, and can result in the sudden passage of bills that many or most senators have not even read.

The Senate Majority Leader and Minority Leader agree to hotline a bill, then inform the other senators using special hotlines installed in each office. They give members a specified amount of time to object -- in some cases as little as 15 minutes. If no objection is registered, the "vote" is considered unanimous and the bill is passed. See 'Hotlined' Bills Spark Concern by John Stanton, Roll Call Staff, September 17, 2007, full article here: http://tinyurl.com/3p8x2u

While it's true that this bill would make things more convenient for libraries and museums dealing with true orphan works whose owners cannot be found, its language is unnecessarily over-broad. Libraries and museums can be protected with damaging the rights of photographers, artists, and musicians. Ask yourself -- who, exactly, is so anxious to have this bill pass in its current, over-broad form? Who stands to benefit? Not you, my fellow photogs. Please inform yourselves and call, email, fax, and/or write your representatives ASAP. The bill could be hotlined again any day.