As a photographer I have many concerns with the proposed Orphan Works bill; specifically that the bill could remove the last available outlet for a photographer to sue an infringing party if the infringing party hides behind the ‘safe harbor’ that the Orphan Works bill provides.
By claiming that a diligent search for the copyright holder was undertaken, a company or individual could claim after the fact that they believed the work (a photo in this case) was an Orphan Work and therefore free to use, even for commercial gain.
This presents a serious problem for photographers who already must defend their copyright with vigor.
Orphan Law is great in many respects, but it is sorely lacking from a photographer’s viewpoint. I hope my message will help influence the next draft of this bill.
My video is in response to a video for Orphan Works by Larry Lessig of Creative Commons.
One Comment
Right on bro, Well said. I got an email about a week ago from ASMP outlining some of there goals in influencing how the bill will eventually be worded. At this point the main goal is to limit the scope of the bill to non-revenue producing uses for personal or community uses and uses by qualified non-profits. There’s a lot more to it, but that’s the general direction things are headed in.
Take it easy bro and keep fighting!
James
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