For the last few months I have been hearing about the newly proposed Orphaned Works bill. As an artist, it worried me at first...mostly because all of the early articles I read said that it was EVIL! Since then I've been researching and reading up on it on my own. I've read the proposed bills, looked into copyright laws, and read a lot of articles and online discussions. And now I've finally chosen sides. I'm supporting the bill.
First, for those who don't know, an "orphaned work" is work (visual art, writing, film, or anything else you can create and get a copyright for) who's copyright holder or creator cannot be found. Currently if a copyright holder cannot be found, the work cannot be used. Many museums and libraries can't make digital copies of older photos, films and other works because of this. With the new bill they will be able to. It will also help anyone who has photos that were taken professionally that they want to get copies of (currently you can't go to a copy shop and get copies of old wedding photos or professional portraits because you don't own the copyright, the photographer or studio does...even pictures taken at Sears or Olen Mills legally belong to the studio.)
So many of the articles and blog posts I've seen don't seem to know anything about current copyright laws. You don't need to officially register to be protected. As soon as you make something (a painting, drawing, song, story) it's your's. It's copyrighted. If you do officially register a work, it's only $45 (not $250, like I've seen some people saying) and you don't need to register each work individually. You can register works as a collection. If you have 100 pieces, you can register a collection of "Sketches and Drawings, 2005 to 2007" and only pay one $45 fee.
The bill will not automatically make your art or photos orphaned! And you will not be required to register or copyright your work. Ever. It's international copyright law that the government cannot force you register a copyright or include your work in a database.
As for people going online and copying your art...umm...can't they already do that? The bill won't really change that (except maybe to make it easier for the artist to be compensated if it does happen.) If you are truly worried about it, put a watermark on your work online, sign your work, and make sure you have contact info on your website (if you have that, I don't see how your work could be considered "orphaned")
I'm all for this bill passing. I know a lot of artist out there will think I'm on the wrong side. But I'm not just an artist, I'm also someone who loves history, libraries, and museums, and who thinks that old photos, films and documents should be seen by the public.
-----
You can read both versions of the proposed bill online. The version from
The Senate, and
The House version.
Please also read
the statement to Congress by Marybeth Peters, the Register of Copyrights. She explains why we need this amendment better than I can.