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Fun Stuff => MAKE => Topic started by: JD on 16 Apr 2008, 14:20

Title: Orphaned Works legislation
Post by: JD on 16 Apr 2008, 14:20
Have you seen the orphaned works legislation?
http://mag.awn.com/index.php?ltype=pageone&article_no=3605&page=1 (http://mag.awn.com/index.php?ltype=pageone&article_no=3605&page=1) Point

http://maradydd.livejournal.com/374886.html (http://maradydd.livejournal.com/374886.html) Counterpoint

This actually doesn't seem to fit in just this topic.
Title: Re: Orphaned Works legislation
Post by: Saiokuo on 16 Apr 2008, 15:18
Grah! Yeah, I've seen many a journal about it on deviantart. As far as I've seen the entire online artist community is enraged about it. I can't say I've yet taken the time to read through the entire thing but I'll be sure to do that later.
It seems as though it can't possibly be passed though considering what it would do to the artist community. As juvenile as it may sound 'Can they even do that'?
Title: Re: Orphaned Works legislation
Post by: KharBevNor on 17 Apr 2008, 11:02
If you have a fucking deviantart page, you are not uncontactable, and the legislations not going through anyway from what I understand. Stop whining.
Title: Re: Orphaned Works legislation
Post by: JD on 17 Apr 2008, 11:37
Did you read the counter point Saiokuo? She explains it a bit more i think.
Title: Re: Orphaned Works legislation
Post by: Lines on 17 Apr 2008, 12:24
If people are paranoid about this, here's an easy solution: Don't post your art on the internet!

In the long run, I think that'd hurt the artist more than help them, but whatever. Sign your art and get it copyrighted.
Title: Re: Orphaned Works legislation
Post by: MrSteevo on 17 Apr 2008, 12:38
If anything this just kills Rule 34, and not to many people suffer from the loss of that.
Title: Re: Orphaned Works legislation
Post by: Saiokuo on 17 Apr 2008, 16:54
If you have a fucking deviantart page, you are not uncontactable, and the legislations not going through anyway from what I understand. Stop whining.

Unfortunantly, thats not the case. Alot of people on deviantart have their art stolen from them on there and then reposted on peoples photobuckets (which will now make prints of them, further stealing from the original artist) and various other sites.

Did you read the counter point Saiokuo? She explains it a bit more i think.

I have just now and I must say I feel alot better about it. I had only seen the original arguement (which while knowing it was bias I had believed would be factually correct) so I was unaware to alot of the points the counterargument made. Thank you for posting it, I'll try to pass it along to who I can on deviantart getting ready to storm the castle.
Title: Re: Orphaned Works legislation
Post by: jhocking on 02 May 2008, 17:29
If you have a fucking deviantart page, you are not uncontactable

Whether or not a person can be contacted is besides the point. The point is that it is potentially simple for a thief to argue that they didn't know how to contact you and thus they were legally entitled to use your work for whatever.

get it copyrighted.

Considering you are an art student it especially astonishes me that you take such a callous attitude. Having to go through some registration hassle just to make sure people can't legally do whatever they want with your work is a big deal. Needing to specifically copyright your work in order to protect it is a total inversion of the current situation, where creative work is automatically protected by copyright.

Now it isn't clear to me that this is what the legislation is saying, but for you to toss off that line in a dismissive manner is mildly upsetting.



Incidentally, for anyone thinking this issue is just whining from a bunch of wannabe artists (that seems like a bit of the dismissive tone here,) then note that I've been getting regular email updates about how the Illustrator's Partnership of America is actively lobbying Congress in opposition to this legislation. They do seem overly reactionary, but it's certainly a major association of commercial artists.
Title: Re: Orphaned Works legislation
Post by: Lines on 04 May 2008, 20:17
Sorry I was blunt, but really, it's not hard to get things copyrighted and it's a really good idea to do so.

Quote from: copyright.gov
General Information

Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including “pictorial, graphic, and sculptural works.” The owner of copyright in a work has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to display the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author.
Copyright Protection Is Automatic

Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.
Advantages to Copyright Registration

There are, however, certain advantages to registration, including the establishment of a public record of the copyright claim. Copyright registration must generally be made before an infringement suit may be brought. Timely registration may also provide a broader range of remedies in an infringement suit.

A work is copyrighted while online, but getting it registered (which is what I really meant, sorry about the confusion) is really REALLY beneficial just incase theft does occur. Hell, I'm going to register what has been leading up to my thesis just to be safe. Maybe I just assumed most artists know these things, but I learned this practicum and I'm guessing a lot of artists never had a practicum class. People should know how to protect their work, however, and I think if artists are going to be "professional" about it, they should do what they can to protect their work whether that thing passes or not.

I sincerely hope that this never does pass, but if it does, chances are my work will be protected and I will probably have taken down any images off of the internet that are not actually on my website.

Also: Are there any counterpoints that are not on Livejournal?