Orphaned Work Legislation

Whatever...

Moderators: Víctor Paredes, Belgarath, slowtiger

User avatar
bupaje
Posts: 1175
Joined: Fri Nov 12, 2004 5:44 pm
Location: California
Contact:

Orphaned Work Legislation

Post by bupaje »

http://mag.awn.com/index.php?ltype=page ... le_no=3605

Read this article on AWN about how you could lose the rights to your artwork if you don’t make your voice heard.

CONTACT YOUR LEGISLATOR:
Go to http://www.usa.gov/Contact/Elected.shtml to quickly find the phone number, address and e-mail of every U.S. senator, U.S. representative, governor and state legislator.
[url=http://burtabreu.animationblogspot.com:2gityfdw]My AnimationBlogSpot[/url:2gityfdw]
User avatar
jahnocli
Posts: 3471
Joined: Fri Oct 29, 2004 2:13 pm
Location: UK

Post by jahnocli »

When I read this article, my jaw hit the floor! Are our governments determined to make coolies of us all?
You can't have everything. Where would you put it?
User avatar
Rasheed
Posts: 2008
Joined: Tue May 17, 2005 8:30 am
Location: The Netherlands

Post by Rasheed »

Deviantart has a good article on this as well.

http://news.deviantart.com/article/46388/
User avatar
bupaje
Posts: 1175
Joined: Fri Nov 12, 2004 5:44 pm
Location: California
Contact:

Post by bupaje »

Thanks for that additional link. It seems there is always some greedy person looking to grab benefit for themselves regardless of the consequences to others. I think their must be some rotten bits in our DNA.

I wrote emails to as many friends as I could think of then hit the politicians, Google and even sent one out to Michael Moore; now there's a guy who knows how to heckle politicians. ;) Hopefully enough people will scream that they'll fix or kill the bill.
[url=http://burtabreu.animationblogspot.com:2gityfdw]My AnimationBlogSpot[/url:2gityfdw]
User avatar
bupaje
Posts: 1175
Joined: Fri Nov 12, 2004 5:44 pm
Location: California
Contact:

Post by bupaje »

Sorry, I am reposting a bit I wrote on another forum. I'm hoping enough chatter may cause those involved to address the issue.

----------------

In some ways it seems like the suggested legislation is a Trojan Horse. The outer covering of reasonableness in protecting the large image distributors and other mega corporations -like Getty.com- from a lawsuit if they inadvertently distribute content that is later contested masks the potential for abuse. The onus of tracking down, registering and protecting every bit of work through a likely onerous and draconian process is dumped on the creator. Large firms may have the resources to navigate the system but many artists can get screwed. Even if the artist somehow manages to get through it, the legislation would limit the amount they can claim (to $2000 per original item -not derived work- if I read that right).

Imagine for a second that an artist fails to protect a property correctly and they, or their heirs, lose it; the pirate who uses it to launch the next mega million Sponge Bob franchise can battle the artist on many fronts - and even if they somehow 'lose' and damages are awarded- the amount of damages may be so small as to provide no real restraint to a company worth many millions of dollars.

That's why previous efforts to pass similar legislation were shot down.

I actually think the potential for abuse can be greater in much the same way that the average citizens ability to run for public office is limited and controlled by the large sums of money required (and the need to sell part of your soul to party and lobbying groups) or in the way that electoral votes, the primary process and redistricting allows another level of control over voters. Think control and limiting access. Think of the potential use to squash creative works and people that criticize powerful companies, individuals or governments. Grabbing copyright of something that doesn't dot all the i's and cross all the t's Make the creator fight to prove ownership, meanwhile incurring debt while the offender fights a battle of attrition until you are worn out, broke or drop dead. If you think it can't happen, remember how SLAPP lawsuits were used to silence critics and force acceptance of terms by essentially beating people into submission? http://en.wikipedia.org/wiki/SLAPP

Sorry. Looks like I wrote a Theodore Kaczynski style manifesto but suffice it to say that the proposal is, at the very least flawed and potentially dangerous.
[url=http://burtabreu.animationblogspot.com:2gityfdw]My AnimationBlogSpot[/url:2gityfdw]
User avatar
synthsin75
Posts: 9935
Joined: Mon Jan 14, 2008 11:20 pm
Location: Oklahoma
Contact:

Post by synthsin75 »

I don't make a living from my art, but it was definitely worth a couple a seconds to sign the petition on Deviantart. This kind of thing is why I think my country has already crossed that thin line into insanity. This legislation would do one thing very fast. It would do away with art for any other purpose than commercial.
User avatar
heyvern
Posts: 7035
Joined: Fri Sep 02, 2005 4:49 am

Post by heyvern »

I think that there is some sort of dormant gene that causes people to not give a damn about anyone but themselves.

I did a poster for one of my brother's plays (Death Trap). I had used a bunch of royalty free stock photos from a bunch of CD's. I edited these images heavily. Unfortunately at the very last minute I discovered I had used a photo of a pair of antique handcuffs from an antiques web site that I had downloaded for reference. I had a folder of handcuffs (reference from the web and royalty free images I paid for) and I put this one in the wrong folder.

When I discovered my mistake I got a sick feeling in my stomach. I agonized over this for a day (that was all the extra time I had in the deadline). I could have contacted the owner of the web site but I do the posters for free, paying a royalty to use it was not in the budget. Plus the deadline was tight and I couldn't wait for a response. At one point I thought of purchasing the antique handcuffs and taking my own pictures (they were fairly inexpensive)... but it would take too long... and the money issue once again... So...

... Using the photo as a reference I built the handcuffs in 3D... slapped a rust texture on them and positioned them in the same way as the photo. (Since it was 3D now it actually worked out even better. I was able to render a higher resolution and position the links and cuffs exactly the way I needed.)

Final poster with 3D handcuffs:
http://www.vernsworld.com/vw/images/dea ... _final.jpg

I just couldn't do it. I couldn't use that photo.

I guess if they "change the law" these people can sleep better at night. However I also think we have a society too concerned with "copyright" issues for every tiny little thing. I hope they can find some middle ground to protect both a teacher who uses photos inoncently for a school project and also to protect a photographer who is robbed by some huge corporation.

I think this will effect photographers more than "artists".

p.s. Funny thing! The handcuffs in the photo were the exact same kind as the handcuffs used on Jack Sparrow in the beginning of the first Pirates of the Caribbean movie.

I watched the movie after creating those handcuffs in 3D and recognized them immediately.

-vern
User avatar
synthsin75
Posts: 9935
Joined: Mon Jan 14, 2008 11:20 pm
Location: Oklahoma
Contact:

Post by synthsin75 »

Vern wrote:...I also think we have a society too concerned with "copyright" issues for every tiny little thing. I hope they can find some middle ground to protect both a teacher who uses photos inoncently for a school project and also to protect a photographer who is robbed by some huge corporation.
I would've imagined that, unless you wanted to put it in the curriculum, not-for-profit/distribution use would be fair game. Maybe I'd need an example of educational use. Personally, I wouldn't mind anyone using my art as long as they don't, hinder my ability to profit from it, profit from it themself, alter it, or claim it as their own.
User avatar
bupaje
Posts: 1175
Joined: Fri Nov 12, 2004 5:44 pm
Location: California
Contact:

Post by bupaje »

@heyvern - beautiful work on the poster. Very expressive. I've never done one but have to really admire how well it is done.

I also think we are too litigious as a society. I'm sure many laws could be done away or simplified if not for the innate tendency of many of us to get advantage over others. Unfortunately, it is what it is. All we can do is create fair laws and punish those who attempt to circumvent them to the detriment of others. The problem of course is that enacting a flawed law, with loopholes conveniently built in for the dishonest to take advantage of, only restricts the honest.
[url=http://burtabreu.animationblogspot.com:2gityfdw]My AnimationBlogSpot[/url:2gityfdw]
User avatar
heyvern
Posts: 7035
Joined: Fri Sep 02, 2005 4:49 am

Post by heyvern »

I can understand the initial reaction to this new law. My feeling however is that it isn't as "one sided" as it might appear. I can see how the wording of the bill can be MISINTERPRETED to allow unscrupulous individuals to take advantage of loop holes... but I don't think that was it's intention. I think it is intended to PREVENT unnecessary litigation in very specific cases. If the wording needs tweaking I would think the government still has a few people with enough brain cells to point that out.

This reminds me of that "email tax bill" that got blown out of proportion. People missundertood some thing and it got turned into something it wasn't by exaggeration on the internet.

I can't imagine a law that flawed and lopsided would get passed. According to the "scary story" it literally legalizes stealing and a completely impossible way to protect your own product.

Think about it for a minute.... this would apply to EVERYONE including big huge corporate creative entities. I don't see them jumping on board to support this.

This bill keeps coming up and keeps getting knocked down and/or changed. The same reasons for not getting it passed will always be around. Obviously not everyone in congress believes in this bill and I can only hope there will always be somebody to bring up the problems with it.

It is very ironic however that people have been complaining about the music and movie industries draconian copyright protections of their content... this is almost like the pot calling the kettle black... maybe just a little bit anyway. ;)

-vern
User avatar
Rasheed
Posts: 2008
Joined: Tue May 17, 2005 8:30 am
Location: The Netherlands

Post by Rasheed »

Also check this article, which put things into perspective.

http://maradydd.livejournal.com/374886.html
User avatar
heyvern
Posts: 7035
Joined: Fri Sep 02, 2005 4:49 am

Post by heyvern »

Thank you Rasheed!

I was looking on the internet for something just like this. Whenever I read something so completely scary like this and someone is telling everyone to "mail bomb" the government... my radar starts to flash... it is most likely a mistake or an attempt to cause trouble on purpose... like those stupid emails about some kid who needs a new kidney and you need to forward an email blah blah blah.

I didn't want to come right out and say it was a "hoax" without finding some proof but I was almost certain this was not anything to worry about.

-vern
User avatar
bupaje
Posts: 1175
Joined: Fri Nov 12, 2004 5:44 pm
Location: California
Contact:

Post by bupaje »

Ah, thanks for that. I usually avoid the lemming runs but the fact that it was on AWN gave it some weight. Now I wonder.
[url=http://burtabreu.animationblogspot.com:2gityfdw]My AnimationBlogSpot[/url:2gityfdw]
User avatar
Rasheed
Posts: 2008
Joined: Tue May 17, 2005 8:30 am
Location: The Netherlands

Post by Rasheed »

I don't want to follow people (or websites) who other people say have authority blindly. People make mistakes, sometimes big mistakes, people with authority included. You have to do your own research, if possible.

However, this time, I didn't find the article myself, but someone on Animationforum.net did. It is good forum to keep your eye on, for alternative views. The forum blogs of some of the animators have insightful views, and are often a good read. They are Anime Studio friendly as well, which is a good thing IMO.
User avatar
heyvern
Posts: 7035
Joined: Fri Sep 02, 2005 4:49 am

Post by heyvern »

I am surprised... this whole issue JUST HAPPENED. It isn't one of those things that's been hanging around for awhile. It just happened! I'm glad it got cleared up pretty quickly.

I think it is more along the lines of someone trying to get attention. Like those "hackers" recently who "faked" hacking some major OS or browser just to get in the news. They got to stand up in front of a huge audience at some hacker convention and hear everyone "ooh" and "ahh"... only later to find the whole thing was a hoax.

They get their 15 minutes of fame.

It is probably a good thing this got so much attention even if it turned out to be "not true". At least now everyone who might be effected by this is going to be paying attention. Maybe the law makers themselves will be aware of all the people who are going to jump down their throats if they don't "get it right".

-vern
Post Reply