I've been absolutely swamped with business lately. Between the Buildex convention here in Seattle and 'normal' shooting (now averaging 3-4 bookings per day) I've had almost no time to visit AR. :(

That said there is a very concerning issue at hand: The so called 'Orphan Works Bill'.

BTW, full credit to Glenda Cherry for breaking the story first. You can see her blog here. :)

- - -

Basically the bill attempts put some rules in place for using other peoples images when you can't find them (in other words, 'orphan works').

This sounds good in theory...I suppose.

There might be situations where (for example) people would like to use images for commercial or documentary purposes that are say...from a long time ago...and have no clear owner.

The trouble starts when we take a look at the actual wording of the bill:

The bill essentially states that a person need only make a 'reasonable and diligent' search for the owner of the image.

Furthermore if the owner shows up and says 'Hey! You used my image without permission' the first party need merely say 'well, I TRIED to find you' (they are protected from any legal consequence). The bill doesn't actually define what a reasonable search is. It's a trial lawyers dream come true and a copyright defendants nightmare.

Are the alarm bells going off yet?

It's already difficult enough to defend our work in the digital era and our fine politicians have seen fit to put together legislation which will make it even harder.

Please join me in letting your local representatives know this is not ok.

Thanks, -B

 
Post is included in group: Great Shots!
Post is included in group: Photography
Post is included in group: Photography, Advanced
Post is included in group: Stage It Forward...

7 Comments on Copyright law is under attack!

OCT
06
2008
Localism Sponsor

this is interesting, my husband is an underwater photograper and I will send this along to him.

6:05pm • #1
208,467 Points 7 Featured Posts Outside Blog

Worse along those same lines is pending copyright legislation that will horribly penalize anyone for a variety of other reasons for so called copyright infringment.

Most of what I have seen does little to benefit any individual but gives carte blanch authority to corporations. It really is out of control.

6:07pm • #2

This is horrible! Can you imagine being a parent and finding your child's photo posted on the neighborhood pervert's Myspace account? But he TRIED to contact them when he took the picture from their children's school website...

6:14pm • #3

Bryce-

Thanks for the good information, you are certainly correct about it being hard enough to protect our rights in this digital age.

7:45pm • #4
OCT
07
2008
135,615 Points 15 Featured Posts Outside Blog

Bryce - this law almost seems ridiculous. Itt has specific negative affect on home stagers. The before and after portfolio are our bread and butter. I think it is time to learn how to watermark images with my company name. I have not done this so far but now it is going to become a necessity.

*hint* at tutorial on how to watermark images in photoshop or online might be nice. *hint*

9:51am • #5
OCT
10
2008

Bryce, thanks for the reblog!

Maureen, I posted a tutorial on my blog today about adding a copyright watermark to your photos.  

5:24pm • #6
FEB
09

Hey Bryce:

I just came across a project I photographed, only to have it "jumped" by a REALTOR who purposely cropped out my copyright tag on my photo.  Since my Photographer's Release specifically states my credit must be included on all images used, this is a breach of copyrght law as far as I can tell.

I am going to call the agent and found out who took her pictures and see if she can give me an answer (it was me...).  I have contacted the local MLS and made them aware of this situation so I will be interested to hear what they have to say.

Beautiful work by the way...

8:49am • #7

This blog does not allow anonymous comments

 
Rainmaker_large

Bryce Mohan

Bellevue, WA

More about me…

Bryce Mohan Photography

Office Phone: (206) 313-7656

Cell Phone: (206) 313-7656

Email Me



Links

Archives

RSS 2.0 Feed for this blog

Find WA real estate agents and Bellevue real estate on ActiveRain.