Jeffrey Zeldman pointed out the dangerous Orphan Works Acts making their way through Congress. This act has far-reaching implications for everyone, but the impact is even larger for those who work or publish on the ‘Net. Ultimately Congress is attempting to reduce your rights as a creator (whether you write, draw, design Web sites or sing), by allowing the infringer to make the distinction as to whether or not they tried hard enough to find the owner of the work and reducing the rights of the artist, designer or author.
As noted by Mr. Zeldman, so called “orphaned” content “will be made legally available for use by commercial interests, even when the copyright holder is alive, in business, and licensing the work.”
That strikes the very heart of our society. You work hard to create something, you have every right to maintain ownership and be compensated for that work. If someone steals from you, you have recourse.
It’s Easy to Fight this Law
Luckily there is an easy way to contact our representatives in Congress to educate them on the dangers of this law and to inform them that we expect each and every one to oppose the bad legislation: Go to the Legislative Action Center tell them where you live (so they can match you with your representatives) and choose a letter that you want to send – click and go.
I am told that the Copyright Office conducted a study of Orphan Works and that these bills are based on that study. I understand that an orphan work is a work whose owner can’t be located. I am alive, working and managing my copyrights. I can be located. My clients locate me all the time. But that does not mean that anyone anywhere can find me. And frankly, why should the failure of any one person to find me be the measure of whether or not I can be found?
What if 10 people can find me but one can’t? Why should that one person get a free pass to use my work? Won’t that give infringers an incentive not to find me? And why should I be obligated to go into court to prove anything about the diligence of the searcher or the value of my work? What if the same work is found an orphan in one legal proceeding and not in another?
Join the list of groups opposing this bill, spend three minutes to protect the basic rights of those who create what you enjoy.