Tuesday, September 30, 2008
Orphan Works Bill
A letter I wrote to my Representative today regarding the Orphan Works Bill. Let's create an easier copyright registration system instead of giving a "free pass" to publishers and media conglomerates to use copyrighted works without an author's designation.
Re: Do Not Pass the Orphan Works Bill
Dear Representative Gutierrez:
As a constituent and a lawyer who represents with artists, authors and musicians, I AM STRONGLY OPPOSED TO THE ORPHAN WORKS ACT OF 2008 (H.R. 5889). The Senate just passed their version of this legislation by hotline: The Shawn Bentley Orphan Works Act (S. 2913). I am deeply concerned that the House Judiciary Committee might adopt the Senate version. PLEASE DO NOT LET THAT HAPPEN.
This bill, while well intentioned, shifts the burden of policing the use of copyrighted work to the individual artists that I represent. The 1976 revisions to the copyright act, which created these so-called "orphan works", were intended to relieve individual artists from becoming experts in the area of copyright to receive protection for their work.
This bill shifts the burden of policing use and payment for copyrighted work back to individual artists, who have the least amount of resources to do this. It is the publishers and media conglomerates who want to use the orphan works that have PAID STAFF to research copyright ownership issues. Individual artists have to sacrifice time devoted to CREATING ART in order to police illegal the use of their work.
THIS BILL PUTS FINANCIAL GAIN AHEAD OF CULTURAL ENRICHMENT. The artists in the United States need your support to create beauty AND earn a living. This bill values money over art, and should not be supported. Copyright owners neither want nor need this legislation. It will do great harm to small businesses.
We're already planning on subsidizing the financial sector through a government-backed bailout. Let's not create a copyright bailout for BIG MEDIA.
PLEASE DO NOT LET THE HOUSE ADOPT THE SENATE VERSION OF THIS BILL.
Sincerely,
Tammi Franke
