Orphan Works Proposal - Action Needed
EP has joined a coalion of organizations formed by ASMP, including APA, SAA, the Illustrators Partnership of America, and PACA, opposing a proposed amendment to the Copyright Act that could severly hamper photographers' and illustrators' ability to protect and profit from their copyrighted works.
The proposed amendment addresses so-called "Orphan Works", copyrighted works that have become "disconnected" from their owners, and it opens the door for unauthorized use of such works with little or no penalty for the user.
Given the infrequent use of photo credits beyond the editorial print world -- advertising, corporate publications, and much of the internet make use of photographs sans credit -- photographers face the very real threat of having their published photographs eventually counted as Orphan Works. Under the proposed amendment, a potential user is required only to make a "good faith" attempt at locating the copyright holder, and then is free to use the work. If the usage is eventually discovered by the copyright holder, the only restitution required is "reasonable compensation." There is no possibility to recover attorneys fees or damages.
ASMP's legal counsel Victor Perlman has written an excellent, detailed account of the proposed legislation and the potential harm to copyright holders. It can found on the ASMP website at:
Following that link, you'll also find a list of the Senate and House Judiciary Committee members and contact information, as well as a sample letter.
The EP board encourages all members to take the few minutes necessary to contact the legislators to voice their opposition to this proposed amendment. Please do your part to help.
Thank You!
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Shawn G. Henry
www.shawnhenry.com
EP Vice President