There’s a lot of Fear, Uncertainty, and Doubt (FUD) being spread by some who are opposed to orphan works legislation. Here’s a quick Myth and Fact about orphan works:
MYTH: The bills would mandate registration of all visual arts in expensive, private registries.
FACT: Neither bill contains such a mandate. Owners’ failure to register would not absolve users of their search obligations. The purpose behind the “visual registries” provisions is to help artists keep ownership information associated with their works and to help users find owners. In order to achieve this purpose, the bills contemplate the development of electronic databases of visual works in the market place. However, these registries do not have to be expensive. The bills do not require artists to use these services, nor do they require the services to charge a registration fee. Services that operate in the current marketplace, and provide services free of cost, could easily evolve into the visual registries contemplated by the bills. The bottom line is that the bills aim to encourage the market to solve a problem to help owners be found, but the bills do not require owners to register with these services.
Who could possibly be so
Who could possibly be so afraid of liberating orphaned works that they would spread such FUD? Everyone benefits, from the little guy right up to the big multimedia conglomerate.
btd, Some visual artists,
btd,
Some visual artists, like photographers, illustrators and textile graphic designers are concerned that they’re losing their rights. Rights that they rely on for their livelihoods. While we don’t believe that either bill implies any loss of rights, it’s very difficult to convince someone who’s scared vs. someone who is actively listening.
If you know one of these artists, talk to them. Ask them what their concerns are, and ask them if they would be willing to listen to your arguments. If so, try to explain to them why use of orphan works is important, and how this policy sets up a system to pay artists.
There’s been a lot of FUD
There’s been a lot of FUD smeared all over the internet on this. A lot of artists do understand that this bill is a good thing, but when they try to explain it to the artists who are freaking out, they get responses like “You should be very afraid!”, “Try using your brain” “Your words are dangerous!” and “JUST OPPOSE IT!!!!!!!!!!”
I think it just comes down to if you were paranoid about your work getting stolen before the bill, you’ll still be paranoid.
I appreciate this website and thanks, Mr. Curtis, for your common sense.
HeatherD, Any chance you
HeatherD,
Any chance you know of a conclave of artists who get it? It would be great to talk to them as a group, or at least to ask that they be more vocal.
Please send me an email if you’ve got the time.