re: Mark Simon's article on AWN

[megatonjustice]

What follows is a direct copy and paste from the Illustrator's Partnership. The main source of information cited in the article posted by Mr. Simon. Right now it is probably a good idea to maintain an ear to the ground. However if this does come on line I'll be in the crowd with a pitchfork, remember to say hi.

Orphan Works Update

by The Board of the Illustrators’ Partnership

March 19, 2008

Many artists have contacted us, asking if it’s time to write Congress about the new Orphan Works bill. No, Congress hasn’t released an actual bill yet and lawmakers tend to ignore letters when there is no bill.

But when we do ask you to act, it will have to be quickly. We expect a bill to be released after the Easter recess. Sources say it will be introduced in the House and Senate simultaneously, and fast-tracked for a vote in the House by mid-May. Advocates hope for swift passage before the summer recess.

The decision to introduce such a radical bill so late in the session is ominous. Because of fall elections, this will be a short Congressional year. Any bill not passed by the end of Congress will have to re-introduced in the next Congress. That means the bill’s sponsors must know they have their ducks lined up.

Of course, we can’t judge a new bill until we’ve seen it, but it appears that the new one will closely resemble the old one. So while we don’t recommend sending letters yet, it’s not too soon to start drafting them. Over the next few weeks, we’ll tell you more about the changed Orphan Works landscape. Then stand by.

—The Board of the Illustrators’ Partnership

Please post or forward this email in its entirety to any interested party.

[Inkthinker]

It's also worth reading the MUCH more calmly and well-written Six Misconceptions about Orphan Works.

Mark Simon's article is enthusiastic, but not wholly accurate.

[NatGertler]

It's also worth reading the MUCH more calmly and well-written

It may be more calm and better written, but it's still an ill-informed piece using nonsense as an excuse to take a side. I mean: "Or what if you're cleaning out your great-aunt's attic, and you find a box full of pictures of your town as it was 100 years ago? The local history museum would love to add them to its collection -- but it can't, unless you, your great-aunt, or somebody can track down the original photographer and secure his or her permission (or the photographer's estate's permission, if the photographer's dead) to donate the photos." That's even more full of crap than most of the excuses used for supporting "orphaned" works legislation. There is nothing in copyright law that prevents these photos from being given as a gift to the historical society because you're not making a new copy. It's no different from donating a used book to your library. Your great aunt owns these copies and can give them to whoever she pleases.

[megatonjustice]

So it seems the Orphan Works Bill has hit the committee stage in two forms. These pdf versions of the two bills from publicknowledge.org

Version 1

Version 2

Take a look over and form an opinion folks.