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sorry for the long journal, but I think this is serious issue.

remember a while ago there was this talk about the orphan work act that's in progress to be passed by the congress? Since many professional artists (including independent film maker, photographer, illustrator, designer, etc) are worried and are against this act, I went to find out more about this issue.

In short, here is what's going on...

Good side if it gets passed:
Documentary film makers, museums, educators, etc. can finally make use of various works that may be so old and difficult to find its copyright owner.


Bad side if it gets passed:

Owners of visual content (meaning artist, film maker, designer, etc) will have to register and pay for EVERY SINGLE work in a not-yet-existing-online database, just so people can find you if they want to use your work. The good old copyright law in which the moment you create something in a tangible form, it's copyrighted...this law won't work anymore.  No one will be protected.

Big corporations like Google, Disney, etc. can make use any work (art/design/film) they find on the internet "legally" and make money off of it.  They don't need to worry about people suing them because 9 out of 10 won't even bother to go through the hassle.  There is nothing you can do to big corporations, at the most, you might get a bit of compensation and that's it.

This whole thing just sound so bizzare! so I went to the government's official website, hoping to get some detail about this that makes sense....but....to my surprise, even the government sounds ridiculous!!

From the US government copyright website:
"A user does not qualify for the benefits of orphan works legislation unless he first conducts a good faith, reasonably diligent (but unsuccessful) search for the copyright owner."

...uh, ok, can someone tell me...
how do you prove GOOD FAITH in court?

I can understand some of the benefit from this orphan work act, but...they fail to specify things so that artists like us can be protected. The worse case, no one would want to share their artworks online anymore, fearing their works may get stolen. O__O


You can read about this orphan work act here [link]

AND PLEASE LET ME KNOW IF YOU FIND IT BENEFICIAL....

"Artist" is a very small percentage compared to the entire population, but that doesn't mean artists don't deserve any respect. Our opinions can't even compare to those rich people lobbying for this orphan work act...=__=



------------------------------------------------
MYth: My Seasons UPDATE

I've got the books printed~~^___^
will be preparing the shipments this coming week.
Thank you very much for your patience.


:bulletred: SET A
1. Andrea M. (12:00 am) (PAID)
2. Jessica T.  (12:00 am) (PAID)
3. Maria C.    (12:00 am) (PAID)
4. Alex. R.     (12:02 am) (PAID)
5. Royce C.   (12:03 am) (PAID)
6. Tracy T.    (12:03 am)  (PAID)
7. Jenny A.   (12:04 am) (PAID)
8. Kari G.      (12:15 am) (PAID)




:bulletred: SET B
1.    Sara T. (PAID)
2.    Kylie O. (PAID)
3.    Anna G.  (PAID)
4.    R. Vo    (PAID)
5.    Amber C. (PAID)
6.    Linda L.  
7.    Tarah M. (PAID)
8.    Alison L. (PAID)
9.   Laura D. (PAID)
10. Eveline V. (PAID)
11. Marie A. (PAID)
12. Christa M. (PAID)
13. Christen L. (PAID)
14. Nicole S. (PAID)
15. Midori A. (PAID)
16. Noemi H. (PAID)
17. (available for pre-order)
18. Jennifer N. (PAID)
19. Kristy N. (PAID)
20. Jessica Y. (PAID)
21. Gemma R. (PAID)
22. Nicole C. (PAID)


:bulletred: SET C
Kathie S. (PAYMENT PENDING)
Samantha S (PAID)
Erin M.  (PAID)
Shanon W. (PAID)
Carissa P. (PAID)
Ashley R. (PAID)
Joanne C. (PAID)
Casey R.
Rann A. (PAID)
Lauren M. (PAID)
Christina G. (PAID)
Katherine T. (PAID)
Jacky M.
Stephanie E. (PAID)
Michelle C. (PAID)
Felicia C. (PAID)
Artemis A. (PAID)
Victoria P. (PAID)
Katey W. (PAYMENT PENDING)
Jude B. (PAYMENT PENDING)
Paula C. (PAID)
Tiff S.
  • Mood: Disbelief
  • Listening to: MIROTIC by TVXQ

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October 16, 2008
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:iconscullylam:
dang. i heard of new rules for the fashion industry, like how top designers are going after companies like forever 21 for copyright, but this...
Reply
:iconmarmoki:
But if the stinkin government decided to bring it up again... *runs around frantically tearing hair out*
Reply
:iconmarmoki:
I've heard about something similar to this, but they say that the act was proposed about 7-8 years ago and was never passed. So I have my doubts.
Reply
:icontancho-koi:
Mood: Anger ~tancho-koi Oct 18, 2008  Hobbyist Traditional Artist
GOSH!!!! Damn rich huge international companies!!!!!!! They are stronger then the government so they use it as their puppet! I wanna kill them!!!
Tsss, they can pass any law they want anyway... :no:
That's not fair! We're killing ourselves at creating characters and story and THEM, they can merrily go around and steal OUR work! There's no justice in this world!
Anyway, I wish they won't abuse too much of it... at least!
The thing I wonder: does that mean they can STEAL the artwork of people from an other country???
Reply
:iconcheckered-fedora:
note: if the copyright owner is alive...and can prove copyright ownership (original sketches or publications online with a set date DO count) you can come forward and stake a claim. You dont lose your copyright simply by not registering. In other words...same as always. If you dont know someone stole it you cant do anything about it...if someone steals it and you cant prove its yours...you cant do anything about it. But...thats how it is right now. I've read a lot on this, both sides of the debate many times and I think this point is often misunderstood.

It6 is important to read form several sources. And be careful. There are a lot of sites on the internet that jumped to their conclusions based on one or two articles and it spread like wildfire as in most states of panic. I tend to hold more faith in debates that take on point and counterpoint format for both sides. I am not saying, however, that I agree wiht it...but as always things have been blown out of proportion.

If you reread even what you wrote...if say disney stole someone's work....9 times out of ten the original owner wont bother to sue...so you say...so now...what is to stop them from following the same thing now...stealing art, using it for their own gain if the chances of people suing are so low?

In fact...it is possible posting those stats now may be more damaging than good...because SHOULD the orphaned works act be passed...people will now believe that their art no longer bleongs to them and wont bother to fight for it even though they CAN.

Take a deep breath love and dont worry too much over it. Its good to take actions in things you believe in and by all means take action if you feel you must. I just admit I'm a bit tired of people linking me to journals highlihgting this once every couple of months.

Take care.

~Senny
Reply
:iconlunaphantom:
This would be anoying, and I can see the pros and the cons of this...I need to read up on this...
Reply
:icondepressedheartling:
~DepressedHeartling Oct 17, 2008  Student Traditional Artist
Maybe the government should focus ON GLOBAL WARMING instead of damaging whats left of something...true.
Reply
:iconyoshimi-ayumata:
Mood: Anger ~Yoshimi-Ayumata Oct 17, 2008  Student Digital Artist
If this were to happen, I don't know if I'd continue to post online. I know my stuff isn't spectacular now, but what about later? I need the critisism to get better, but I don't want anything stolen in the process! I think that this is the worst piece of legistration that they have ever come up with and if it comes down to us to vote on it, it'll get a big fat NO. F*CK THAT! :pissedoff:
Reply
:iconninjagirlrebecca:
WOW bad idea rilly bad idea the goverment needs to find somthing else to do like oh I do not know SAVE THE PLANIT
Reply
:iconporcelain-doll-016:
I really find it hard to see the good side. As we all know big companies and the governments included just want to rip off artist without having the worry that they might get sued. If this passes it will only benefit them and that leaves us without anything. They're just making this laws since there are a whole bunch of art thefts and a lot of them are made by big companies who are getting sued by the original artists and losing a lot of money because of it. They just want to make off money of the art or anything else they can get their greedy hands on.
And either way they'll make money with that law because the artist are going to have to pay to copyright their own art their own creations if they don't want it stolen.
Laws like this annoy the hell out of me. You realize how unfair the world is and what little to no power one has.
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