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The "Orphan Works" bill stalled in the House

By
Real Estate Agent with Keller Williams Realty

While the Senate unanimously passed the Orphan Works bill on September 26, the bill has failed to find enough support to pass in the House ... yet.

The Shawn Bently Orphan Works Act of 2008 is an attempt to change the basic tenets of copyright law - that is, if it's not yours, you can't use it without permission.  Under this act, anyone can use your copyrighted works freely as long as they've made a "diligent" effort to contact you without success.  Unfortunately, the legislation doesn't define what it means by diligent.  Some have suggested that you would have to have your works listed in a national registry (for which you would presumably pay a fee).  If your works don't appear in that registry, they can be considered orphaned.  Imagine an artist having to register every sketch, photo and/or cartoon they've ever done. In addition, the legislation places limits on the amount of compensation the copyright holder can collect if their copyright is infringed.  Basically, it allows the infringer to decide what your copyrighted works are worth.

If you think this doesn't affect you, think again ... what about those family photos you posted on your personal website?  Unless you stamp each one with your contact information, anyone could use those photos by simply saying they were unable to find you after a "reasonable" attempt. 

If you want to let your elected officials know how you feel about this insane piece of legislation, there's a web site with direct links and templates to communicate with your representatives:

http://capwiz.com/illustratorspartnership/home/

Comments (5)

Robert Calistri
Homes Plus Realty, llc, - Valrico, FL
Broker Of Record Services

Thanks for the heads up. I have to admit that at first I didn't think it was important. But now I will contact my representative.
Bob

Oct 05, 2008 10:43 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Typical government action, protect the law breaker.  All this will do is increase the cost to copyright owners to protect their property.

I've been ranting to Marybeth Peters for months.

 

Oct 05, 2008 10:47 AM
Glenda Cherry
Keller Williams Realty - Herndon, VA
Realtor / Photographer

You're welcome, Bob ...

Lenn, I somehow knew I would hear from you on this :-)  No one on Active Rain knows more or has had more experience with copyright issues than you!  Keep on ranting!

Oct 05, 2008 10:58 AM
Sharon Fleming
Real Living Realty Unlimited - Port St Lucie, FL
Realtor, Port St Lucie-Florida

This is why I dont post photos on the Internet of my children or family unless it is a password protected site, but I have always been a nervous Nelly about that...It is not a surprise that the Government would try this one!  It is up to US to protect ourselves and our families, the govt surely isnt going to do it!

Oct 05, 2008 11:07 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

And to add insult to injury, if you add your contact information to photos you post on line, you could open yourself up to every spammer out there.  Of course real estate professionals apparently like spam.  It's why we blog:-)

May 12, 2011 10:53 PM