I don't usually post about politics, typically because it is boring and always plays catch up with technology and social changes. Mostly though because it is boring. But every once in a while, something comes up which is too important to keep silent about. The latest is that Congress and the Bush Administration are hard at work to make sure large corporate interests get to move content creators even further into servitude at the hands of large content interests. The latest salvo against artists is the Orphan Works Bill, which calls for the creation of Private Registries for enforcement of copyright. Before you go all Fox News Republican on me and start frothing at the mouth about how great free enterprise is and how the free market always works, yada yada, consider for a second that perhaps not all things should be placed in the hands of private companies. Consider that sometimes giving large corporations control over governmental activities creates a fox guarding the henhouse situation. So what is this new idea?

Specifically, it involves two things. First, is coerced copyright, which is illegal internationally. But since when have Bush and company cared about international law. Second, is the establishment of Private Registries. The way is works is like this:

1. You create a work. Could be a photo, a drawing, anything.

2. You are forced to pay these corporations to register it with them.

3. If you fail to register it with them, then others can use your work free of charge and you have little to no legal recourse.


Sound okay to you? It shouldn't. Under current law, your work is protected by the DMCA, and the DMCA creates a level playing field. Also, under the current system, the US Copyright Office is a neutral government entity. Its job is to allow you to register your work and catalog it. But here are the key points with current law:

1. You are protected even if you do not register your work.

2. The US Copyright Office has NO affiliation with private enterprises. It is a neutral entity.


Here are some excerpts from an article that discusses this issue in great detail:

Two proponents of this new legislation are Corbis and Getty Images. They are large stock photo and stock art companies. They sell art and photos inexpensively and are trying to build giant royalty-free databases. Do you see how they could benefit from considering most works of art in the world orphans?

Do you know who owns Corbis? Bill Gates. He doesn't do anything unless it can make a huge amount of money. Helping you lose the copyright to your art is big business for Gates.

For years we've heard of Hollywood fighting with China to protect copyrights and stop the pirating of DVDs. Our government has worked with the studios to protect their investment.

Our government is NOW WORKING AGAINST US by allowing our own fellow citizens TO STEAL OUR CREATIVE WORKS.

You could see photos you take of your family and kids, or of a family vacation, used in a magazine or newspaper without your permission or payment to you. You would have to pay to register your photos, all of them, in every new registry in order to protect them. Say the average person takes 300 photos per year (I take a lot more than that). If a registry only charges $5 per image, that is a whopping $1,500 to protect your photos that are protected automatically under the current laws. If there are three registries, protecting your images could cost an amazing $4,500. Not to mention the time it would take to register every photo you take. Plus, you will also have to place your copyright sign on every photo.

Does that worry you in the least bit? Well, here's how David O. Carson, general counsel of the Copyright Office, views it:

Brad Holland: If a user can't find a registered work at the Copyright Office, hasn't the Copyright Office facilitated the creation of an orphaned work?

David O. Carson: Copyright owners will have to register their images with private registries.

BH: But what if I exercise my exclusive right of copyright and choose not to register?

DOC: If you want to go ahead and create an orphan work, be my guest!

So content creators, whether you are blog owners, photographers, illustrators, musicians, filmmakers, get off your behinds and make your voices heard. Read the complete article at this link and do something about this.

Also listen to this podcast:

http://www.sellyourtvconceptnow.com/orphan.html

Now back to our regularly scheduled blog-programs.

beatenetworks

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