The Illustrators’ Partnership has stressed that Orphan Works legislation should be limited to true orphaned work and not act as an unwarranted compulsory license imposed on commercial markets. IPA, the Advertising Photographers of America and the Artists Rights Society have joined to offer amendments to that effect.
Excerpted from the Washington Internet Daily, Monday June 09, 2008:
The visual-arts community hit the Hill last week to protest what it portrays as a hijacking of the orphan-works issue as it was presented in a 2005 Copyright Office report...In the same article, Washington Internet Daily also reports that the leading group of independent music labels has broken with the corporate music trade associations. The American Association of Independent Music has published a position paper opposing the current orphan works bills. The article quotes a music industry executive: "I can tell you that nobody in the music business" sought the bill.
The Copyright Office ran a bait-and-switch from its 2005 notice of intent, which focused on facilitating libraries', museums' and other nonprofits' efforts to digitize collections to improve access to them, [Illustrators’ Partnership co-founder Brad] Holland said. Artists want the issue narrowed back to that focus, scrapping commercial use, he said...Copyright Office roundtables on orphan works never addressed alternates to registries, an "untested, untried, unaccountable market system" favoring Google, Getty, Corbis and other commercial aggregators, Holland said. [Cynthia] Turner [also of the Partnership] said artists would incur high costs registering works, and they hesitate to hand over high-res, commercial versions to Google or others.
... the executive said the bill is "de facto... establishing a new compulsory license" by putting unregistered artists at a legal disadvantage in court. The law can't explicitly require registration or it will violate the Berne Convention, TRIPS and other treaties the U.S. has signed, the executive said. Book publishers and music executives in the U.K. think the U.S. will be in trouble, the executive said, citing a recent visit: "I can tell you there are European commissioners that are looking at this right now."
– Excerpts from “Orphan-Works Bills Scorned by Visual Arts, Indie Labels” by Greg Piper, Washington Internet Daily June 09, 2008