Comments on: ORPHAN WORKS dos and don'ts http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/ The News Blog of Comics Culture Sat, 11 Feb 2012 14:46:23 +0000 http://wordpress.org/?v= hourly 1 By: Blog@Newsarama » Orphan works overkill? http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37649 Blog@Newsarama » Orphan works overkill? Fri, 23 May 2008 16:25:14 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37649 [...] Since this is a pressing IP issue that has engaged both the animation and comics communities, let’s set aside our Siegel series for a moment to determine whether artists concerned about this issue are indeed over-reacting. [...] [...] Since this is a pressing IP issue that has engaged both the animation and comics communities, let’s set aside our Siegel series for a moment to determine whether artists concerned about this issue are indeed over-reacting. [...]

]]> By: Mitch Berger http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37648 Mitch Berger Tue, 22 Apr 2008 21:32:46 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37648 Whenever a copyright law is to be made or altered, then the idiots assemble. - Mark Twain's Notebook, 1902-1903 As a lawyer who has worked on some copyright issues over the years (I am by no means an expert) I think anyone who is concerned about copyright protection in the U.S. should read the report by the Registrar of Copyrights @ http://www.copyright.gov/orphan/orphan-report.pdf There is a summary of the report here: http://www.copyright.gov/docs/regstat031308.html You can see the video transcript of the most recent hearing (March 13) in the House of Representatives here: http://judiciary.house.gov/oversight.aspx?ID=427 You can see what the American Society of Media Photographers (ASMP) has to say about it here: http://www.asmp.org/news/spec2006/orphan_update.php While the law has a legitimate purpose (to free up the use of untraceable historic works) the protections afforded authors (it denies them the right to attorney’s fees otherwise provided in every other instance of copyright infringement) is insufficient. It has been my experience, that the fact the copyright law has a mandatory attorney fee component, often hastens settlement of an infringed upon author’s claim. I am also concerned about how “diligent” a copyright user has to be in searching for an author of a work. See the link below about the millions in unpaid royalties that record companies did not pay because they “could not find” such “unknowns” as David Bowie, Dolly Parton, Harry Belafonte, Liza Minnelli, Dave Matthews, Sean Combs and Gloria Estefan: http://www.oag.state.ny.us/press/2004/may/may4a_04.html Mitch Berger Whenever a copyright law is to be made or altered, then the idiots assemble.
- Mark Twain’s Notebook, 1902-1903

As a lawyer who has worked on some copyright issues over the years (I am by no means an expert) I think anyone who is concerned about copyright protection in the U.S. should read the report by the Registrar of Copyrights @

http://www.copyright.gov/orphan/orphan-report.pdf

There is a summary of the report here:

http://www.copyright.gov/docs/regstat031308.html

You can see the video transcript of the most recent hearing (March 13) in the House of Representatives here:

http://judiciary.house.gov/oversight.aspx?ID=427

You can see what the American Society of Media Photographers (ASMP) has to say about it here:

http://www.asmp.org/news/spec2006/orphan_update.php

While the law has a legitimate purpose (to free up the use of untraceable historic works) the protections afforded authors (it denies them the right to attorney’s fees otherwise provided in every other instance of copyright infringement) is insufficient. It has been my experience, that the fact the copyright law has a mandatory attorney fee component, often hastens settlement of an infringed upon author’s claim.

I am also concerned about how “diligent” a copyright user has to be in searching for an author of a work. See the link below about the millions in unpaid royalties that record companies did not pay because they “could not find” such “unknowns” as David Bowie, Dolly Parton, Harry Belafonte, Liza Minnelli, Dave Matthews, Sean Combs and Gloria Estefan:

http://www.oag.state.ny.us/press/2004/may/may4a_04.html

Mitch Berger

]]> By: orange http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37646 orange Fri, 18 Apr 2008 22:17:48 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37646 That's interesting, in regard to the Crystal Castles manager denying they used the art on the cd when the artist demanded money for it. That’s interesting, in regard to the Crystal Castles manager denying they used the art on the cd when the artist demanded money for it.

]]> By: orange http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37645 orange Fri, 18 Apr 2008 22:17:15 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37645 That's interesting, in regard to the Crystal Castles manager denying they used the art on the cd when the artist demanded money for it. That’s interesting, in regard to the Crystal Castles manager denying they used the art on the cd when the artist demanded money for it.

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37644 James Kochalka Fri, 18 Apr 2008 11:07:20 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37644 Oh, and the black -eyed Madonna image is used in the artwork inside the CD and credited to Trevor Brown. Another violation? Oh, and the black -eyed Madonna image is used in the artwork inside the CD and credited to Trevor Brown. Another violation?

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37643 James Kochalka Thu, 17 Apr 2008 14:19:41 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37643 ...no such thing as bad publicity. …no such thing as bad publicity.

]]> By: Orphan Copyrights | Briefs on the Outside http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37642 Orphan Copyrights | Briefs on the Outside Thu, 17 Apr 2008 14:18:33 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37642 [...] For a further reading and a few other perspectives on this: The Beat Radio Free Meredith Blog@Newsarama Copyright Office study about orphan works Public Knowlege (including a copy of the bill) [...] [...] For a further reading and a few other perspectives on this: The Beat Radio Free Meredith Blog@Newsarama Copyright Office study about orphan works Public Knowlege (including a copy of the bill) [...]

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37641 James Kochalka Thu, 17 Apr 2008 13:51:14 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37641 Well, I bought the Crystal Castles CD yesterday. So... there ya go. Well, I bought the Crystal Castles CD yesterday. So… there ya go.

]]> By: Stuart http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37640 Stuart Wed, 16 Apr 2008 13:15:55 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37640 Where was it written that the artist gave permission? It was found on a flyer and then used. Where was it written that the artist gave permission? It was found on a flyer and then used.

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37639 James Kochalka Tue, 15 Apr 2008 18:28:52 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37639 it sure looks the band's real myspace page... and they're still using the image, for the song Alice Practice http://www.myspace.com/crystalcastles it sure looks the band’s real myspace page… and they’re still using the image, for the song Alice Practice

http://www.myspace.com/crystalcastles

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37638 James Kochalka Tue, 15 Apr 2008 17:58:06 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37638 (unless the myspace page isn't really theirs, of course. There's several James Kochalkas on myspace that aren't really me). (unless the myspace page isn’t really theirs, of course. There’s several James Kochalkas on myspace that aren’t really me).

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37637 James Kochalka Tue, 15 Apr 2008 17:55:27 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37637 "It seems to be the band’s manager who is being more of an ass, not the band members themselves." Well, a manager works for the band. If he's an ass, that means they're paying him to be an ass on their behalf. Wouldn't that make them asses too? "The band stopped using the image when the artist asked them to." Simply not true! I checked their myspace page yesterday, they're still using the image. “It seems to be the band’s manager who is being more of an ass, not the band members themselves.”

Well, a manager works for the band. If he’s an ass, that means they’re paying him to be an ass on their behalf. Wouldn’t that make them asses too?

“The band stopped using the image when the artist asked them to.”

Simply not true! I checked their myspace page yesterday, they’re still using the image.

]]> By: !!! http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37636 !!! Tue, 15 Apr 2008 16:41:59 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37636 The band had the artist's permission in 2006. The band stopped using the image when the artist asked them to. The band was ripped off by Timbaland and I don't see them complaining. Look up "Crystal Castles 50 Cent" on youtube for more on this. The band had the artist’s permission in 2006. The band stopped using the image when the artist asked them to.

The band was ripped off by Timbaland and I don’t see them complaining.

Look up “Crystal Castles 50 Cent” on youtube for more on this.

]]> By: The Beat http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37635 The Beat Tue, 15 Apr 2008 13:28:49 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37635 Reading the various accounts, what seems to have happened is that they found the image on a flyer, had no idea where it was from and decided to use it. Now that was not good, but considering the "found" nature of the original image, sort of in the same spirit. When the image's creator WAS found that's when everyone shoud have sat down and been grown ups. It seems to be the band's manager who is being more of an ass, not the band members themselves. Reading the various accounts, what seems to have happened is that they found the image on a flyer, had no idea where it was from and decided to use it. Now that was not good, but considering the “found” nature of the original image, sort of in the same spirit. When the image’s creator WAS found that’s when everyone shoud have sat down and been grown ups. It seems to be the band’s manager who is being more of an ass, not the band members themselves.

]]> By: James Kochalka http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37633 James Kochalka Tue, 15 Apr 2008 13:12:55 +0000 http://www.comicsbeat.com/2008/04/14/orphan-works-dos-and-donts/#comment-37633 In the "other side of the story" did they still use the image without first getting permission? Because they need to ask permission before using it, not after. In the “other side of the story” did they still use the image without first getting permission? Because they need to ask permission before using it, not after.

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