Orphan Works Previous News & Background

Orphan Works Update, April '06

The ASMP, PACA, and PPA have been chosen to represent visual creators in a special meeting with the House Subcommittee on Intellectual Property on Wednesday, March 15, regarding the proposed orphan works statute. They have asked artists & photographers to cease writing to Congress immediately so as to represent us in a unified voice, and not come across as disorganized and disparate.

Thank you for all your letters and faxes; they have succeeded in making Congress aware that visual creators object strongly to this legislation. Proponents have pressured Congress to pass the legislation quickly, and this meeting may be our only opportunity to make changes to our benefit. Please respect the process, and allow these people to represent us now.

Commentary White Paper on the Copyright Office's Orphan Works Study report

Here is Lisa's commentary White Paper on the Copyright Office's Orphan Works Study report and recommended statutory language. The Copyright Office has submitted the proposed statute to the Senate Judiciary Committee. The Committee is expected to act on this soon.

This proposal is a disaster for visual creators. It is heavily slanted in favor of users. If this statute is enacted as it, we can pretty much kiss our careers goodbye.

If you want to read the full report from the Copyright Office, it is available for download from their website www.copyright.gov. It is over 1MB, so we didn't send it out. [if you go to the Copyright Office web page, click on "report on orphan works" in the upper left corner under Hot Topics.] It's a monster, and we've only read the shorter, 133 page report, which was a struggle. Lisa's comments were cited in a whopping 6 footnote mentions, so her Comment Letter did make an impression as did her participation in the Roundtable discussions in Wash. DC.

Please read the White Paper ASAP. Click here to download the pdf of Lisa's Summary Report.

Commentary on Glushko-Samuelson Proposal for Orphan Works pdf here.

Orphan Works Roundtable in Washington, D.C.

Click the link below to read Lisa Shaftel's summary report on the Orphan Works U.S. Copyright Office Roundtable Discussions, held July 26 & 27 in Washington, D.C.

Lisa Shaftel, Guild Advocacy Chair, wrote an initial Comment Letter on behalf of the Guild, and was invited to participate in all 4 sessions of discussion.

It was a good mix of representation of creative organizations, and meaningful discussion ensued. Click here to download the pdf of Lisa's Summary Report.

Original Notes on Copyright and "Orphan Works"

What are the copyright issues involved in the 2004 Kahle vs. Ashcroft case?  Why does Professor Lawrence Lessig argue that current copyright protection violates the US Constitution First Amendment Right to free speech and fails “To promote the progress of science and useful arts”?  What does this perspective mean to the livelihood of creators of original works? 

This court case has prompted Congress to ask the Register of Copyrights to study the issue of “orphan works.”  How does a copyrighted work become “orphaned”?  How is an “orphan work” different from a work that has entered the Public Domain?  Who wants to use “orphan works” and should they be granted permission to do so if the copyright holder cannot be located?

• Read the Graphic Artists Guild White Paper about Kahle vs. Ashcroft and the Dilemma of “Orphan Works”

• The Kahle vs. Ashcroft  amended brief

• The Kahle vs. Ashcroft  appeal brief

• Read the Graphic Artists Guild White Paper about Eldred vs. Ashcroft, Professor Lessig’s 2002 copyright suit. Put the Blame on Mickey.

• The Eldred vs. Ashcroft brief

How is the US Copyright Office studying the issue of “orphan works”?  What circumstances need to be considered?  How does this comply with the TRIPS Agreement and the Berne Agreement?

• Read the Graphic Artists Guild’s 70 FR 3739 Comment Letter to the Copyright Office on the issue of “orphan works
  
• Commentary on Glushko-Samuelson Proposal for Orphan Works pdf here.
  
• Read more from the Copyright Office: www.copyright.gov

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