orphan works update

There is more is happening on the copyright front, and this is an update to my previous post below. Here's some more information from The Illustrators' Partnership:

PicScout is one of the technologies being developed for locating visual art. On March 13, they touted their capabilities to the House IP subcommittee. They envision a future registry in which...a searcher would feed in a desired image and if there’s a match, get back only the artist’s name and contact information – or be told there is “no match.” Let’s say you haven’t registered a particular image in the system. In that case, the best technology in the world won’t find it there. So unless every picture you’ve ever done is registered, the searcher’s failure to find a match would actually orphan a non-orphaned image.

It seems to me that changing the existing copyright law to require that artists must register every single image in their libraries with a 3rd party, lest they become free game for infringement, is too heavily weighted in favor of users of imagery rather than creators. What was the purpose of copyright law in the first place? To maintain the worth and commercial viability of creative works for people who create. Current law doesn't require artists to register images at all, or even use a copyright symbol (although I do both as much as I possibly can). Under current law, if I don't register an image it is not considered "orphaned," and therefore available for use without permission - users have to assume somebody owns it and they need to get permission before using it, or risk being penalized for infringement.

I am excited about new image-tracking technology that is being developed like the technology at PicScout, I'm just concerned about it raising the bar too high for individual artists to reasonably meet while opening up an unfair advantage for larger entities, who are better staffed and have the resources to exploit newly "orphaned" works of art and imagery. This new law as proposed would remove "the teeth" that would normally compel someone to get permission before using an image. We need our teeth! Stay tuned!!

Comments

[Jay Montgomery]

Laura,

I'm so glad you are bring this up. I did as well on my blog. At SCAD I made it an assignment to illustrate something to spread the word visually about the Orphans Works Bill. I should have 14 illustrations by the end of the week. Stay tuned on my blog for more.

[Laura]

thanks Jay! I'll check out your blog! Laura