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Mind Your Business: You Will Lose All The Rights to Your Own Art (digital theft)
Animation World News ^ | Mark Simon

Posted on 05/01/2008 7:05:52 AM PDT by Frank L

Mind Your Business: You Will Lose All The Rights to Your Own Art

April 10, 2008 By Mark Simon Printable Version

Mark Simon.

As you know, I usually handle the subjects in my articles with a sense of humor. That is not the case this month. I find nothing funny about the new Orphan Works legislation that is before Congress.

In fact, it PISSES ME OFF!

As an artist, you have to read this article or you could lose everything you've ever created!

An Orphaned Work is any creative work of art where the artist or copyright owner has released their copyright, whether on purpose, by passage of time, or by lack of proper registration. In the same way that an orphaned child loses the protection of his or her parents, your creative work can become an orphan for others to use without your permission.

If you don't like to read long articles, you will miss incredibly important information that will affect the rest of your career as an artist. You should at least skip to the end to find the link for a fantastic interview with the Illustrators' Partnership about how you are about to lose ownership of your own artwork.

Currently, you don't have to register your artwork to own the copyright. You own a copyright as soon as you create something. International law also supports this. Right now, registration allows you to sue for damages, in addition to fair value.

What makes me so MAD about this new legislation is that it legalizes THEFT! The only people who benefit from this are those who want to make use of our creative works without paying for them and large companies who will run the new private copyright registries. (continued)

(Excerpt) Read more at mag.awn.com ...


TOPICS: Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: art; copyrightlaw; piracy; theft
I don't know how many digital illustrators, artists, etc. are here, but I see this as a serious matter. I looked on several sites both for and against the bill and what this guys says seems legit. This would amend current copyright law so that owning the rights to your work would be much more difficult and getting compensation when someone uses your work without permission will be more difficult.
1 posted on 05/01/2008 7:05:53 AM PDT by Frank L
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To: Frank L; Joe 6-pack; Republicanprofessor

There are a number of folks who might be affected by this law.


2 posted on 05/01/2008 7:15:53 AM PDT by iceskater (This space intentionally left blank.)
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To: Frank L

Thanks for the heads-up. I didn’t know a thing about this until I read your post.


3 posted on 05/01/2008 7:16:35 AM PDT by iceskater (This space intentionally left blank.)
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To: Frank L
So they want to create a "Network Solutions" to register creative works.

Kill.

4 posted on 05/01/2008 7:17:13 AM PDT by Gorzaloon
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To: Frank L
See IPA ORPHAN WORKS RESOURCE PAGE FOR ARTISTS for a comprehensive reading list. Seems there is little this Congress does that isn't a special favor for someone. And chances are it will get worse in 2008. We're screwed if we don't keep shining a searchlight on them (take that, Harry).
5 posted on 05/01/2008 7:17:25 AM PDT by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: Frank L

I’m not a digital illustrator but I do post my photos on the web. I don’t want them used by just anyone.

Will this effect me?


6 posted on 05/01/2008 7:19:05 AM PDT by netmilsmom (I am very mad at Disney. Give me my James Marsden song!!!!!)
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To: netmilsmom

It could. Getty Images could scoop up your stuff without paying you for it and use to to make money.


7 posted on 05/01/2008 7:20:17 AM PDT by iceskater (This space intentionally left blank.)
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To: iceskater

Wow...thanks for the heads up!


8 posted on 05/01/2008 7:23:02 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: iceskater

Yikes!

I don’t have anything on Photobucket or those sites, but I do have a MySpace page and a Facebook.

I don’t want my kids anywhere that I don’t know about!


9 posted on 05/01/2008 7:23:50 AM PDT by netmilsmom (I am very mad at Disney. Give me my James Marsden song!!!!!)
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To: Joe 6-pack

Just when I’m finally starting to make some money off my paintings.....


10 posted on 05/01/2008 7:24:31 AM PDT by iceskater (This space intentionally left blank.)
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To: ottbmare

self-ping for after work


11 posted on 05/01/2008 7:25:41 AM PDT by ottbmare
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To: Frank L
I don't know how many digital illustrators, artists, etc. are here

I'm an illustrator. Registering every work, particularly in the digital age, would be near impossible. I create illustrations which I then modify for various print uses. One illustration can have 10 permutations. Would I have to register every one?

12 posted on 05/01/2008 7:26:50 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: netmilsmom

I think this might be a good time to freep Congress....


13 posted on 05/01/2008 7:28:17 AM PDT by iceskater (This space intentionally left blank.)
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To: Aquinasfan

From what I can tell, yes you would.

And Leahy (D-VT) is the sponsor in the senate.


14 posted on 05/01/2008 7:39:03 AM PDT by Frank L
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To: netmilsmom
Absolutely. Always make sure you mark your photos and add the legal describing terms of usage. There isn't much you can do for people using stuff posted on the net for personal use though, just if its stolen and used for commercial use.

People steal logos and designs all the time, alter them slightly, and then market your idea's as their own. You should always make sure you can prove when you've created your work before posting it on public domain, and keep a record of those dates too. Look how something as simple as a happy face can become something big, and a big legal battle as well for ownership and usage rights.

15 posted on 05/01/2008 7:43:11 AM PDT by Nathan Zachary
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To: Frank L

No surprise there.


16 posted on 05/01/2008 7:43:43 AM PDT by iceskater (This space intentionally left blank.)
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To: Nathan Zachary

It’s very scary.

My girls used to perform both Polish and Slovak Folk Dance.
When my little one was in Slovak, she was photographed many times and in different papers. She looks very Ethnic.
Now since she dropped out, no one seems to photograph the group.

I think I need to get her pictures off the internet.


17 posted on 05/01/2008 7:47:39 AM PDT by netmilsmom (I am very mad at Disney. Give me my James Marsden song!!!!!)
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To: Aquinasfan
"I create illustrations which I then modify for various print uses. One illustration can have 10 permutations. Would I have to register every one?"

No, but you do know when you created them, and when you put it up on public domain, right? That's what you have to keep track of. Theres always an electronic record.

Even is someone steals it, alters it, then claims they made it before you, It would be very hard for them to create an electronic record on public domain preceding yours.

Proving they altered something of yours, and that it wasn't their own original design that just happens to be similar to yours is another matter.

18 posted on 05/01/2008 7:52:54 AM PDT by Nathan Zachary
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To: netmilsmom
"I think I need to get her pictures off the internet."

That may not be so easy. You have to be careful when posting stuff on the net to make sure the site doesn't have some wording somewhere giving them ownership, creative control, the right of use. They may even charge a fee to have stuff you posted removed, or to edit them.

19 posted on 05/01/2008 7:57:13 AM PDT by Nathan Zachary
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To: netmilsmom

Sometimes it may even be impossible to remove stuff from the net. Sites change ownership, content gets stored on other services the origional site owner has no control over, and pictures get copied and spread all over the place. Not much you can do about that.


20 posted on 05/01/2008 8:01:24 AM PDT by Nathan Zachary
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To: Frank L

This won’t effect copywritten music will it?


21 posted on 05/01/2008 8:06:10 AM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: Nathan Zachary
No, but you do know when you created them, and when you put it up on public domain, right? That's what you have to keep track of. Theres always an electronic record.

OK. I have been doing that, figuring that it could prove ownership somewhere down the line.

22 posted on 05/01/2008 8:41:43 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: Frank L

I’m a writer. Among the things I’m currently promoting is a loose parody of “Julius Caesar” that I wrote. (If it were any looser, it would come apart.) I’ve sent it to some producers and I’ve made a few reading copies for friends. (I also have several articles that I have written that are up on the net.)

Do I need to be concerned about this? Does it affect literary works?


23 posted on 05/01/2008 9:18:06 AM PDT by TBP
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To: Dr. Bogus Pachysandra

I don’t know if it will effect music or written works. The ones speaking the loudest (and thus coming to the top of the search engines) are the visual artists.


24 posted on 05/01/2008 9:21:40 AM PDT by Frank L
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