tag:blogger.com,1999:blog-19026679759701278362011-11-30T09:12:43.160-05:00Updates for visual artists about judicial actions and proposed changes to copyright law that threaten the exclusive rights and copyright protections afforded to visual artists by the 1976 U.S. Copyright Act and international treaties and copyright conventions.<br>(Includes the archive from Illustrators' Partnership Orphan Works Resource Page)Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.comBlogger1241100tag:blogger.com,1999:blog-1902667975970127836.post-51735827326179593312011-11-28T18:09:00.005-05:002011-11-28T20:23:23.429-05:00

At last it may be possible for some illustrators to start receiving reprographic royalties. The Illustrators Partnership has been pressing this issue for  several years. Last April we announced that the New York State Supreme Court, New York County, had dismissed all claims in a million dollar lawsuit brought by the Graphic Artists Guild (GAG) against the Illustrators Partnership and five named

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-49851802959871401242011-04-27T22:40:00.000-04:002011-04-27T22:40:39.108-04:00

Last week the New York State Supreme Court, New York County, dismissed all claims in a million dollar lawsuit brought by the Graphic Artists Guild (GAG) against the Illustrators' Partnership of America (IPA) and five named individuals. In the lawsuit, GAG asserted claims for defamation and interference with contractual relations, alleging that IPA had interfered with a "business

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com5tag:blogger.com,1999:blog-1902667975970127836.post-45815720623060095342011-03-23T14:23:00.000-04:002011-03-23T14:23:16.456-04:00

Yesterday, U.S. Circuit Judge Denny Chin rejected the Book Rights Registry settlement between Google and the US Authors Guild. The $125 million commercial agreement would have rewarded both parties for the largest mass infringement of authors' copyrights in history. Instead, the judge ruled it a business deal "too far." "A Reversal of Copyright Law" is what we called this agreement in our

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-35300936387831700392010-04-10T13:58:00.011-04:002010-04-10T17:54:00.925-04:00

For the last several days, we've been responding to queries about the announced "class-action" lawsuit by "visual arts" organizations against Google in the matter of the Google Book Search project. Some perspective: The organizations suing Google are the same visual arts groups that lobbied for passage of the House version of the Orphan Works bill. That bill would have created commercial

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-7601423576981351892010-03-18T18:02:00.001-04:002010-03-19T00:56:15.655-04:00

New Copyright Czar begins Joint Strategic Plan to Protect Intellectual Property Victoria Espinel is the first U.S. Intellectual Property Enforcement Coordinator (IPEC), also known as the Copyright Czar. Congress created IPEC by an Act of Congress. Ms. Espinel serves within the Executive Office of the President to coordinate with all the federal agencies that fight the infringement of intellectual

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com7tag:blogger.com,1999:blog-1902667975970127836.post-79197949549487609432009-10-22T09:26:00.000-04:002009-10-22T09:26:03.698-04:00

OSLO NORWAY Over 60 authors organizations met here this week to discuss strategies for defending authors' rights in the digitized world. Their call to action is reminiscent of the grassroots coalition that came together in the US last year to oppose the Orphan Works bill. In addition to concerns over anti-copyright legislation, authors around the world, including visual artists, face threats from

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-24851442867363642002009-10-02T14:04:00.077-04:002010-04-10T15:09:23.400-04:00

Compelling Arguments On September 10, 2009, Marybeth Peters, Register of the US Copyright Office, testified before Congress in opposition to the Google Book Search Settlement. Her arguments on behalf of creators rights are compelling and we support them. However, we note with some irony that they are nearly identical to the arguments we made in opposing the Orphan Works bill last year. We don't

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-67888464028391416632009-09-30T11:11:00.006-04:002010-04-10T14:03:54.384-04:00

A Reversal of Copyright Law Last Friday we summarized the basic details of the Google Book Search Settlement. Like the visual arts "databases" we opposed last year, this agreement would allow both Google and a yet-to-be-created Book Rights Registry to commercially profit from an author's work whenever they say they can't locate the author. Both schemes would force authors to opt out of

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-26735864200055248322009-09-25T01:52:00.003-04:002009-09-25T13:14:24.589-04:00

We’ve been asked for news about the Orphan Works bill. Last June Intellectual Property Watch warned that it would be back during the summer. And on June 11th, Senator Orrin Hatch confirmed his intent to reintroduce the bill. We immediately put out a notice to artists. But summer’s over and we’ve had no further news. So far, so good. Of course Congress has had other priorities: the ongoing

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-55075937806284666122009-06-17T00:23:00.005-04:002009-06-17T18:49:39.279-04:00

In Orphan Works Land, no news has been good news, but that's about to change:http://www.ip-watch.org/weblog/2009/06/11/copyright-holders-acknowledge-losing-battle-for-public-consciousness-at-world-copyright-summit/US Copyright Register Marybeth Peters told Intellectual Property Watch that orphan works legislation is expected to be introduced within the next 10 days. It is her understanding there

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com2tag:blogger.com,1999:blog-1902667975970127836.post-12706318200482612372008-12-24T12:33:00.003-05:002008-12-24T12:53:42.904-05:00

December 8, 2008The Honorable John Conyers, Jr.Chairman Committee on the JudiciaryU.S. House of Representatives2426 Rayburn House Office BuildingWashington, D.C. 20515Dear Chairman Conyers:On behalf of more than 81 professional organizations – and more than half a million small business owners, we are writing to express our grave concern about the controversial Orphan Works Act of 2008 (HR 5889).

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com3tag:blogger.com,1999:blog-1902667975970127836.post-11801853915588947432008-12-08T11:24:00.002-05:002008-12-08T11:40:13.792-05:00

Through the Looking GlassOrphan Works advocates defend their proposals by saying they’re necessary to put users in touch with copyright owners. They say this isn’t happening now because of a market failure in commercial markets.Speaking at a Congressional Seminar March 31, 2006, Copyright Office attorney Jule Sigall explained why they believed artists needed Congress to “push” them to register

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com1tag:blogger.com,1999:blog-1902667975970127836.post-31721118375492911862008-12-06T16:12:00.000-05:002008-12-06T16:19:16.022-05:00

Yesterday, many of us received a letter from our Senator, one of the most prominent lawmakers in the country, expressing his support for strong intellectual property rights protections as a necessary stimulus to creativity and entrepreneurship.He stated that the Shawn Bentley Orphan Works Act of 2008, S.2913 “is currently being carefully considered by the Senate,” and he assured us:“Members of my

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-64073277112968359052008-12-04T10:52:00.003-05:002008-12-04T11:30:59.484-05:00

Moving The Cats' FoodThe Copyright Office received about 215 relevant letters to their Orphan Works Study. From this they deduced a claim of widespread market failure in commercial markets and concluded that government should “incentivize” creators to register their work with for-profit registries as a condition of protecting their copyrights.Officially, this goal is expressed benignly on page

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-1228389645787636772008-12-03T19:45:00.007-05:002008-12-04T11:11:44.568-05:00

215 Letters Nearly 300 million people live in the US. How many of them does it take to make an “orphan works problem”? Apparently 215 (give or take a few). That’s the only conclusion we can draw from the Report on Orphan Works released by the Copyright Office in 2006.In their testimony to Congress, the Copyright Office stated they had received “over 850 letters” to their Orphan Works Study. Yet

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-43395721964848391922008-12-02T01:18:00.004-05:002008-12-04T11:14:25.392-05:00

The Legislative BlueprintThe “legislative blueprint” for the Orphan Works Act was not drafted by the Copyright Office after their year-long Orphan Works study, but before it, by law students at the Glushko-Samuelson Intellectual Property Law Clinic.Their Copyright Clearance Initiative (CCI) is the document that first proposed the “limitation on remedies” that would radically change international

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-52475095733644102772008-12-01T00:45:00.005-05:002008-12-04T11:27:47.252-05:00

Little Known FactsCongress will reconvene for a lame duck session next week. That means Orphan Works backers may try again to pass their bill by suspending the rules. We believe this bill is too controversial to be passed by backroom dealing. It would let commercial interests harvest and monetize the personal property of ordinary citizens without their knowledge.The bill can be improved, and we’

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-8378637520649263992008-11-20T01:02:00.000-05:002008-12-01T01:02:45.921-05:00

The lame duck session that started yesterday recessed abruptly this morning. Lawmakers plan to reconvene December 8th, subject to the Chair's discretion. We don't know how long they'll be in session when they return and economic developments could bring them back sooner.We'll keep our eyes peeled, our ears open and update you when we learn more. In the meantime, have a great Thanksgiving, rest up

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-35269495206919715602008-11-19T00:51:00.003-05:002008-12-01T01:00:40.870-05:00

They’re scheduled to be in session until Friday, although that could change. And although sponsors of the Orphan Works bill say publicly that it won’t come up, sources have told us they’ll try to use the lame duck session to pass it by means of another back room deal.Currently the situation in Washington is fluid, but if deals are being made, they’ll be made before the bill is placed on the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-53060654081539875642008-10-09T23:41:00.001-04:002008-10-09T23:56:20.823-04:00

"Orphan works relief was vigorously opposed by visual artists... And while we have thought some of their concerns misguided, they did a fine job of organizing and getting their voices heard."That was the rueful conclusion Monday from the President of Public Knowledge. She was conducting a postmortem on her blog to explain why their last minute efforts to pass the Orphan Works Act failed last

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com2tag:blogger.com,1999:blog-1902667975970127836.post-51889522972507111552008-10-07T18:54:00.008-04:002008-11-02T14:38:10.249-05:00

On Thursday October 2, each member of the House of Representatives received the following letter:October 2, 2008Dear [Member of Congress],As lawmakers struggled Friday to prop up private financial institutions that are “too big to fail,” the Senate quietly passed a bill that would allow a few giant internet firms to swell by absorbing copyright titles from independent creators, small businesses

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com2tag:blogger.com,1999:blog-1902667975970127836.post-27798444104478397522008-10-02T23:47:00.005-04:002008-10-03T13:22:58.878-04:00

These are excerpts from written statements submitted by the Illustrators’ Partnership to the Small Business Administration September 16. The SBA Roundtable is the only forum so far conducted by the government to consider the economic impact of the Orphan Works Act on creators. The Roundtable was chaired by Tom Sullivan, Director of the Office of Advocacy of the SBA. It was initiated by the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com1tag:blogger.com,1999:blog-1902667975970127836.post-65570394578815332652008-10-02T20:27:00.000-04:002008-10-02T20:31:28.089-04:00

Phone, fax, email these congressman immediately:Delahunt phone (202) 225 3111 fax (202) 225-5658 phone: (617) 770-3700 fax: (617) 770-2984Conyers phone: (202) 225-5126 fax: (202) 225-0072 phone: (313) 961-5670 fax: (313) 226-2085Nadler phone: (202) 225-5635 fax: (202) 225-6923 phone: (212) 367-7350 fax: (212)

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com3tag:blogger.com,1999:blog-1902667975970127836.post-49320184647417988042008-10-01T17:44:00.001-04:002008-10-01T17:54:36.239-04:00

Wired Magazine has posted an article: “'Orphan Works' Copyright Law Dies Quiet Death”http://blog.wired.com/27bstroke6/2008/09/orphan-works-co.html Well, we can hope. But we’re dealing with a.) a fluid situation in Washington; and b.) special interests determined to pass this bill. So our assessment:It’s not dead till it’s dead.According to our DC sources, the most efficient way for Congress to

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-21939918653112433622008-09-30T02:42:00.000-04:002008-10-01T02:51:32.867-04:00

1. Web firms quietly win copyright victory in CongressSAN FRANCISCO (MarketWatch) Sept 29 -- As the media turned its attention last weekend to battles on Capitol Hill over the fate of the proposed Wall Street bailout bill, Internet companies including Google Inc. and Microsoft Corp. quietly walked away with a legislative victory that could facilitate their use of copyrighted material.The Senate

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-38611587147328199942008-09-29T01:59:00.003-04:002008-09-30T02:15:16.622-04:00

The architects of the Orphan Works Act have already placed testaments to the bill on their websites: Senator Leahy: http://leahy.senate.gov/issues/OrphanWorks.html Senator Hatch: http://tinyurl.com/3jsq5oThey say this "landmark intellectual property bill" will "unlock proverbial attics of copyrighted works" whose owners can't be found. Is that really what all the fuss has been about?No. If that

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-47027172117648643452008-09-28T17:05:00.001-04:002008-09-28T17:13:01.473-04:00

Never Too Busy to Pass Special Interest Legislation As lawmakers struggled Friday to clean up the mess on Wall Street, sponsors of the Orphan Works Act passed more special interest legislation. Their bill would force copyright holders to subsidize giant copyright databases run by giant internet firms.Like the companies now needing billion dollar bailouts, these copyright registries – which

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-56107889052010947162008-09-27T00:48:00.000-04:002008-09-27T02:39:17.372-04:00

SEPT 27 Yesterday, in a cynical move, the sponsors of the Senate Orphan Works Act passed their controversial bill by a controversial practice known as hotlining.With lawmakers scrambling to raise 700 billion dollars to bail out businesses that are “too big to fail,” the Senate passed a bill that would force small copyright holders to subsidize big internet interests such as Google, which has

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-28945013572061216302008-09-23T21:49:00.003-04:002008-09-27T02:58:56.073-04:00

Is it wise to concentrate our nations’ copyright wealth in the hands of a few corporate databases? With the meltdown on Wall Street, this might be a good time to ask Congress that question.Here are some of the questions we’ve raised before about this bad legislative scheme: • Who’s to be trusted with these databases? • Who’s to manage them and in whose best interests? • What happens when a

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com2tag:blogger.com,1999:blog-1902667975970127836.post-59925910355952154722008-09-15T13:26:00.004-04:002008-09-17T16:18:39.469-04:00

The following statements about the Orphan Works Act were sent from the House Judiciary Committee to a Congressman. The Congressman asked for responses from visual artists. The language in the statements is quoted verbatim from the Judiciary Committee document.Judiciary Committee: An infringement today will continue to be one after enactment of orphan works legislation. Critics of orphan works

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com4tag:blogger.com,1999:blog-1902667975970127836.post-37675269390160230372008-09-14T01:29:00.000-04:002008-10-09T01:50:38.787-04:00

Several artists have asked me to respond to a recent letter they received from John Schmelzer, President of the Graphic Artists Guild. In it, he gave his reasons for GAG’s endorsement of the House version of the Orphan Works Bill. GAG’s statements are quoted verbatim and in full. My responses follow.– Brad Holland, Sept. 14, 2008GAG: This morning I received a number of emails related to the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-54804742889057475002008-09-10T19:17:00.007-04:002008-09-16T00:42:30.248-04:00

With Congress back in session this week, Orphan Works rumors are back too.According to some sources, deals have been made to pass the bills quickly. According to others, the bills have stalled for this session. Here's what we know, independent of conflicting sources:SEPT 6 OpenCongress Lists "8 Controversial Bills That Congress Still May Pass"In Congress Gossip, by Donny Shaw, the article notes

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-38123767816711908322008-08-13T23:02:00.004-04:002008-08-16T23:25:10.082-04:00

The webcast of the Orphan Works Roundtable is now available here:http://videos.cmitnyc.com/asip.html"A Seminal Event""Unprecedented""The most effective advocacy in opposition to these bills I have seen.""The Gathering of the Tribes"These are some of the comments we've received from last Friday's Roundtable on Orphan Works, conducted by the Small Business Administration. Artists, photographers,

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-22373592973915682632008-08-09T22:58:00.001-04:002008-09-28T23:10:17.857-04:00

Opening statement by Brad Holland, delivered at the Small Business Administration Roundtable: “How Will the Orphan Works Bills Economically Impact Small Entities?” Conducted August 8, 2008 at the Salmagundi Club, New York City. Visual artists oppose the Orphan Works Act because it would impose a radically new business model on the licensing of copyrighted work. It would force artists either to

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com1tag:blogger.com,1999:blog-1902667975970127836.post-41420054890988581782008-08-08T23:54:00.010-04:002010-05-07T00:05:55.441-04:00

Director Tom Sullivan and Assistant Chief Counsel Cheryl Johns, Small Business Administration; New York Congressional Staff, Representatives of the U.S. Copyright Office, World Intellectual Property Organization, and the European Union, my name is David Rhodes. I am President of the School of Visual Arts an independent college of art located in New York City. I hope to persuade you on behalf of

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-40759699334027654622008-08-04T23:24:00.000-04:002008-08-15T23:26:12.994-04:00

A Reminder: You are invited to attendTHE ORPHAN WORKS ROUNDTABLECONDUCTED BY THE SMALL BUSINESS ADMINISTRATIONHow Will the Orphan Works Bill Economically Impact Small Entities?Friday, August 8, 200810:00 a.m. - 12:00 noonSalmagundi Club47 Fifth Avenue (between 11th & 12th Streets)New York, NY 10003212-255-7740http://www.salmagundi.orgFree AdmissionIf you live in the New York area, please attend

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-32190313713791227842008-08-01T13:57:00.020-04:002008-08-16T09:30:29.626-04:00

You are cordially invited to attendTHE ORPHAN WORKS ROUNDTABLE AND WEBCASTCONDUCTED BY THE SMALL BUSINESS ADMINISTRATIONHow Will the Orphan Works Bill Economically Impact Small Entities?August 8, 200810:00 a.m.—12:00 noon Salmagundi Club47 Fifth Avenue (between 11th & 12th Streets)New York, NY 10003212-255-7740http://www.salmagundi.orgFree AdmissionPlease attend this important industry event. Let

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com4tag:blogger.com,1999:blog-1902667975970127836.post-50354093947722914002008-07-30T23:15:00.001-04:002008-08-16T00:14:42.408-04:00

We've just received word that the Senate bill has been put "on hold." In fact, there appear to be multiple holds on it. Senators who "hold" hotlined bills do not have to identify themselves nor give their reasons for holding it. Holds are temporary. We don't know how many of you contacted your Senators on such short notice this afternoon, but many, many thanks to all of you who responded so

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-62295549678120875362008-07-30T14:30:00.000-04:002008-08-15T23:22:52.167-04:00

This means it could pass the Senate this afternoon.Please call your Senators immediately.Ask them to put a "hold" on the bill:S2913 THE SHAWN BENTLEY ORPHAN WORKS ACT OF 2008Tell them you oppose this controversial bill.Ask them not to pass it without a full and open hearing.Warn them that it will do great harm to small businesses.To find your Senators' phone numbers go to the Illustrators'

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-3442832299601468382008-07-23T23:26:00.000-04:002008-08-15T23:30:36.477-04:00

The California Copyright Conference and the Association of Independent Music Publishers have announced a joint position paper condemning the Orphan Works bills. In a five page paper they conclude: “The Orphan Works bills are deeply flawed and would have serious unintended but far reaching adverse effects.”“The final report is the result of a collaborative effort from a panel of distinguished

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-75507288996868569772008-07-15T23:30:00.001-04:002008-08-16T09:31:28.394-04:00

The Orphan Works Mark-up for this week has been postponed. This gives us more time to email and fax members of the House Judiciary Committee. Write and ask them to support the amendments submitted jointly by the Illustrators' Partnership, the Artists Rights Society and the Advertising Photographers of America.http://ipaorphanworks.blogspot.com/2008/07/hr-5889-amendments.htmlThese amendments would

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-22774160742736787292008-07-14T00:31:00.009-04:002008-08-17T12:30:41.077-04:00

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-19097256040670045572008-07-13T23:32:00.000-04:002008-08-15T23:34:38.541-04:00

We've had word that the House Judiciary Committee may mark-up the Orphan Works Bill this week. This is the session where Committee Members will propose, accept and reject amendments to H.R. 5889. After markup, the bill could be reported out of the House Committee and go to the floor for a vote.We've submitted several critical amendments for consideration: These would limit the scope of the bill

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-32338700144027574632008-07-13T21:07:00.001-04:002008-07-15T22:45:46.457-04:00

Dear Honorable ______________,As an artist and a small business owner, I’m writing to oppose H.R. 5889, the Orphan Works Act of 2008 as currently drafted. Please support the amendments submitted jointly by the Illustrators’ Partnership of America, the Artists Rights Society and the Advertising Photographers of America.Otherwise, please do not vote this bill out of committee until Congress can

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-79354998968284058232008-07-12T23:40:00.003-04:002008-07-15T22:46:49.781-04:00

Democrats(D) Michigan, 14thHonorable John Conyers, Jr., Chairman 2426 Rayburn House Office Building,District of Columbia 20515-2214Phone: (202) 225-5126Fax: (202) 225-0072(D) Florida, 20thHonorable Debbie Wasserman Schultz 118 Cannon House Office Building,District of Columbia 20515-0920Phone: (202) 225-7931Fax: (202) 226-2052(D) Florida, 19thHonorable Robert Wexler 2241 Rayburn House Office

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-29615176564678927642008-07-11T20:05:00.013-04:002008-10-04T22:12:03.688-04:00

IntroductionAs rights holders, we can summarize our hopes for the Orphan Works Act simply: to see that it becomes a true orphan works bill, with no unnecessary spillover effect to damage the everyday commercial activities of working artists. We’d be happy to work with Congress to accomplish this. No legislation regarding the use of private property should be considered without the active

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com4tag:blogger.com,1999:blog-1902667975970127836.post-66764253465981801012008-07-10T19:14:00.008-04:002008-07-15T22:47:34.460-04:00

We can summarize our hopes of this bill quite simply: we'd like to work with Congress to see that this bill becomes a true orphan works bill, with no unnecessary spillover effect that would damage the everyday commercial activities of contemporary working visual artists.For example, on June 5, the EU announced a Memorandum of Understanding towards an orphan works regime that would permit European

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-58181622726497349272008-07-02T23:35:00.000-04:002008-08-15T23:37:14.534-04:00

Last week, the International Council of Creators of Graphic, Plastic, and Photographic Arts (CIAGP) adopted the following resolution: "Resolved that the artists rights societies of 31 countries, members of CIAGP, under the aegis of the International Confederation of Societies of Authors and Composers (CISAC), hereby expresses its condemnation of any effort by the United States Congress to

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-91177575074799134822008-06-21T23:37:00.001-04:002008-08-17T12:33:47.832-04:00

We have a proposal to solve the Orphan Works issue. It would let libraries and archives digitize their collections and let individuals duplicate family photos without fear of massive infringement penalties. These are the two needs most commonly cited by the bills’ sponsors and they can be resolved quite simply. Our proposal would limit the bill’s effects to works that are really orphans, with no

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-72001538343959152972008-06-17T23:46:00.002-04:002008-08-17T12:35:33.463-04:00

Saturday June 21 2:00 PM At Sunset Grill 2001 Belcourt Ave Nashville, TN 37212 (615) 386-3663 Admission Free/Open to PublicCongressman Jim Cooper and Congressman John Hall will hold a "Town Hall Meeting" with Nashville's entertainment community this Saturday to discuss music-industry issues such as the controversial "Orphan Works" bill. The event is free and open to the public.We hope all

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-78449755894337253492008-06-17T23:44:00.001-04:002008-08-17T12:36:43.599-04:00

http://www.petitiononline.com/Stop2913/petition.htmlWe support this petition. We urge you to sign it. Please forward the link and urge others to sign.You can help increase the power of the petition by signing your real name and listing your artistic specialties. If you are not a US citizen, we suggest that you note your country, and state if it is a member of the Berne Convention.The petition is

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-67687299936953342842008-06-14T23:48:00.005-04:002008-09-03T17:45:50.051-04:00

Over 100,000 letters have gone out to Senators and Congressmen from our online advocacy site. Opposition to the Orphan Works Act continues to grow.Here are some of organizations who oppose it:http://illustratorspartnership.org/01_topics/article.php?searchterm=00273And here are some of the excellent position papers written by some of these groups: NUJ condemns "free for all" US Orphan Works

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-83044900921685423922008-06-13T23:53:00.000-04:002008-08-15T23:54:39.741-04:00

On June 12, three leading textile trade associations announced their support for the Orphan Works bill.Writing in Textile World, James A. Morrissey writes: “The legislation, which has cleared a House subcommittee, is supported by the American Manufacturing Trade Action Coalition, the National Textile Association (NTA) and the Decorative Fabrics Association.” http://tinyurl.com/6g27fuFunny, that’s

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-88686485973153918642008-06-10T23:55:00.001-04:002008-08-17T12:39:12.173-04:00

Last week over two dozen visual artists, representing illustrators, photographers, fine artists and the arts licensing trades went to Capital Hill to explain to legislators how the Orphan Works Act will harm creators and the hundreds of thousands of art-related small businesses that serve and are dependent on them. At the same time, independent music labels have joined the opposition to orphan

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-23900030250936999282008-06-03T23:57:00.001-04:002008-08-16T00:00:17.453-04:00

Should the general public care about the Orphan Works Act? Yes, because the effects of this bill will expose any citizen's visual images to infringement, including infringement for commercial purposes or distasteful uses.Most people don't understand current copyright law. But under current law, they don't have to - the law itself protects them from not understanding it. Anything you create is

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-18718183890601511132008-06-02T00:01:00.001-04:002008-08-17T12:41:21.209-04:00

Backers of the House version of the Orphan Works bill are now asking artists and photographers to oppose the Senate bill unless it’s amended to contain at least the “minimum provisions” that appear in the House version.Although they don’t say so, opposing the Senate bill in this manner is a vote for the House bill.We’ve been asked to explain why:The Senate bill is similar to the bill we opposed

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-14283324527872958082008-05-12T00:04:00.000-04:002008-08-16T00:06:22.987-04:00

Some backers of the controversial Orphan Works bill say they’re launching a campaign to “Rescue Orphan Works.”From whom?We’re not the ones interested in infringing other people’s copyrights.We’re only interested in protecting our own.If the “Rescue Orphan Works” folks really want to use only true orphaned work, they’d join us in asking that this bill be drafted accordingly.From our written

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-46135512945999707772008-05-09T00:06:00.000-04:002008-08-16T00:09:41.838-04:00

“Neither the House nor the Senate drafts of the bill contain the word “registries,” [they write] but rather they require users to search non-governmental databases of copyrighted works. The purpose of any database is not meant to take the place of copyright registration, but to have a way to search for visual images. Any participation in such a database would be voluntary.” But this doesn’t mean

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-48935100830948039282008-05-08T12:50:00.001-04:002008-08-17T12:53:01.718-04:00

Since yesterday, over 31, 000 letters have gone out from our Orphan Works advocacy site.Q: What can we do next?1. Write the House Judiciary Committee. We’ve set up a special alert to contact members of this important committee.Go to our Take Action/Alert site: http://capwiz.com/illustratorspartnership/home/ Look for the sample letter labeled "Contact House Judiciary Committee NOW" and send it.

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-39024177080979970032008-05-07T12:53:00.000-04:002008-08-17T12:55:01.535-04:00

We’ve set up an online site for visual artists to e-mail their Senators and Representatives with one click.This site is open to professional artists, photographers and any member of the image-making public. We’ve provided sample letters from individuals representing different sectors of the visual arts.If you’re opposed to the Orphan Works act, this site is yours to use.For international artists

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-76645734606293335532008-05-01T13:00:00.001-04:002008-08-17T13:04:40.249-04:00

Don’t Let Congress Orphan Your WorkAn open forum to oppose the Orphan Works Act of 2008Tuesday, May 6 6:00 PMThe Society of Illustrators128 East 63rd StreetNew York, NY 10065Admission will be freeThe Orphan Works Act of 2008 will endanger the rights of anyone who creates intellectual property.It will expose your art to commercial infringement. It will include work from professional paintings to

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-70948789248911825992008-04-30T11:50:00.001-04:002008-08-17T12:12:08.371-04:00

FromIllustrators' Partnership of AmericaAdvertising Photographers of AmericaArtists Foundation of MassachusettsRespectfully submitted toMajority StaffChairman, Patrick LeahyandMinority StaffRanking Member Senator Arlen SpecterSubcommittee on Intellectual PropertyCommittee on the JudiciaryU.S. SenateApril 30, 2008Mr. Chairman and Members of the Subcommittee, on behalf of the Illustrators’

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-6528712213864073062008-04-25T13:05:00.000-04:002008-08-17T13:07:12.716-04:00

Both House and Senate versions of the Orphan Works Act of 2008 can be downloaded from the IPA homepage:http://illustratorspartnership.org/ Many groups are coming together to oppose this bill. We’re preparing letters you can customize and send to your representatives through our push-button link. Please stay tuned and we’ll give you the tools we need to make our voices heard.For additional

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-17441274984485887372008-04-22T13:08:00.000-04:002008-08-17T13:18:18.577-04:00

Today the House and Senate sent us draft copies of the new Orphan Works Act of 2008. They haven’t officially released it yet, but we’ve been told the Senate will do so this week. A quick analysis confirms our worst fears and our early warnings. If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-50096682676102299462008-04-16T13:18:00.001-04:002008-08-17T13:33:18.870-04:00

We’ve seen “Six Misconceptions About Orphan Works” circulating on the Internet. It’s a well-reasoned piece, but has one problem. The author cites current copyright law to “debunk” concerns about an amendment that would change the law she cites.How would the proposed amendment change the law? We’ll get to that and other questions in a minute. But first, let’s answer the broader charge that news of

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-20975460247962420522008-04-02T22:16:00.000-04:002008-08-15T22:20:32.878-04:00

When the Copyright Office spawned the Orphan Works bill (2006), they said it would not cause problems for artists. They were wrong. Now they concede the problems, but say registries are the solution. Wrong again.PicScout is one of the technologies being developed for locating visual art. On March 13, they touted their capabilities to the House IP subcommittee:“Our technology can match images, or

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-53768926390444750582008-03-27T22:21:00.000-04:002008-08-15T22:22:50.997-04:00

The New “Improved” Orphan Works bill is due out next week. We expect it to be much the same as the last one. Unfortunately, the Orphan Works landscape has changed.Several groups which opposed the bill last time will not oppose it this time. They’re ready to concede defeat in return for concessions for their groups. They’ve also insisted that no other visual artists speak out against it. They say

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-90715266958387539022008-03-20T21:41:00.005-04:002008-08-15T22:14:42.209-04:00

On Behalf of the Illustrators’ Partnership of AmericaConcerning Orphan Works LegislationThe Subcommittee on Courts, the Internet and Intellectual PropertyCommittee on the JudiciaryU.S. House of RepresentativesMarch 20, 2008Mr. Chairman and Members of the Subcommittee, while this statement is being filed by the co-chairs of the Illustrators Partnership of America, it reflects a statement

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-79022262847252990432008-03-19T13:35:00.000-04:002008-08-17T13:36:09.926-04:00

Many artists have contacted us, asking if it’s time to write Congress about the new Orphan Works bill. No, Congress hasn’t released an actual bill yet and lawmakers tend to ignore letters when there is no bill.But when we do ask you to act, it will have to be quickly. We expect a bill to be released after the Easter recess. Sources say it will be introduced in the House and Senate simultaneously

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-18132108681773451362008-03-14T13:36:00.000-04:002008-08-17T13:37:57.354-04:00

Yesterday the House subcommittee on Intellectual Property held their first hearing on new Orphan Works legislation. Note the title:“Hearing on Promoting the Use of Orphan Works: Balancing the Interests of Copyright Owners and Users”http://judiciary.house.gov/oversight.aspx?ID=427Balance, however doesn’t seem to be part of the Orphan Works juggernaut. Indeed, after this hearing, we can no longer

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-70449703869526963312008-02-26T13:38:00.000-05:002008-08-17T13:39:42.417-04:00

Just when you thought it was safe to draw a picture without putting a copyright symbol on it, the Orphan Works bill has returned.Orphan Works “will likely be a priority...this spring” for the House Judiciary Committee, writes Andrew Noyes in the National Journal, Feb. 21, 2008According to Noyes, “American Library Association copyright specialist Carrie Russell said her members are ‘excited about

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-36131332732698473012007-01-29T13:40:00.000-05:002008-08-17T13:44:14.178-04:00

Twenty visual arts groups met in Washington Monday to discuss a unified orphan works strategy.The interest groups included freelance artists and photographers, graphic designers, picture agencies and the estates of deceased fine artists.Since we expect the Orphan Works bill to be resurrected soon, with strong congressional support at its back, the groups have agreed that we must work together to

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-37019475584705114432007-01-23T13:41:00.000-05:002008-08-17T13:43:42.281-04:00

It appears that Orphan Works legislation will soon rear its head again.The word from Washington is that it will again be fast-tracked and itssponsors will resist “any significant modifications to the existingdraft.Last year, visual arts groups came together as an informalcoalition. We shared information and coordinated a letter writingcampaign. Monday, Jan. 29 these groups are scheduled to meet

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-57820327724382956492006-09-27T18:48:00.001-04:002008-09-18T21:02:25.813-04:00

Copyright Modernization Act pulled from this Congress, Smith vows to pass it next sessionFirst the good news: The Copyright Modernization Act (aka Orphan Works Act) appears to be dead for this year. For the third time in as many weeks the bill failed to make it out of mark-up today, and in two days Congress adjourns for this session.Now the bad news: Lamar Smith seems committed to this awful bill

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-16138234639019688732006-09-20T18:48:00.001-04:002008-09-18T21:04:15.093-04:00

Amendment to Copyright Modernization Act requires the Copyright Office to create a text-searchable database of visual works.The Copyright Modernization Act was scheduled for mark-up today but has been delayed again, perhaps until next week.In response to criticism from visual artists, Rep. Lamar Smith (R-Texas) has now introduced a “Manager’s Amendment” to the bill that would require the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-24787054055735117692006-09-18T18:48:00.001-04:002008-09-18T21:12:41.627-04:00

It’s transparently irresponsible to legalize the abuse of private property on the premise that you might create some undefined “remedies” to handle the abuse.The new Copyright Modernization Act sugarcoats the Orphan Works bill by proposing to consider "Remedies for Small Copyright Claims." We’ve already noted the problems this raises in our March 2 post, “No Time to Go Wobbly”:http://

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-69176452812955248292006-09-14T18:48:00.001-04:002008-09-18T20:54:28.400-04:00

The Copyright Modernization Act of 2006 was pulled from the schedule for mark-up today. House Judiciary IP Subcommittee Chairman Lamar Smith said that representatives of the various interests were meeting with him and Ranking Member Berman, or their senior staff, for further discussion.We will keep you updated on the bill's status.— Brad Holland and Cynthia Turner,for the Board of the

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-4576781511201705982006-09-12T18:48:00.001-04:002008-09-18T21:13:44.739-04:00

Smith introduces The Copyright Modernization Act of 2006In our Senate testimony on Orphan Works, we warned that “the Orphan Works Act is not an Orphan Works Act at all, but a radically new copyright law.” Today comes the confirmation.We’ve just been informed that Congress has drafted a new bill, tentatively called “The Copyright Modernization Act of 2006.” It’s scheduled for mark-up, perhaps as

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-4079552966100336832006-07-27T18:48:00.000-04:002008-09-18T20:59:46.543-04:00

Because of the concerns raised by the textile industry, the bill may not come out of the House Judiciary Committee before Congress recesses for the summer.The Orphan Works Act will not leave the Judiciary Committee before fall. That’s the news from Ms. Corinne Kevorkian, Senior Vice President, General Counsel & Secretary of F. Schumacher & Co., one of our allies in the fight against the Orphan

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-64766706230397177512006-07-21T18:48:00.000-04:002008-09-18T21:30:56.842-04:00

The Blue Girl infringement letter we published Wednesday has really hit a chord with working artists. It seems everyone understands its implications. We’ve received only one critical response, but since it anticipates the criticism we expect from the bill’s advocates, we think it’s worth addressing:Argument: The Blue Girl case is “a standard copyright infringement case.” Since the artist’s name

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-24065072713440845932006-07-19T18:48:00.000-04:002008-09-18T21:40:07.465-04:00

The story of Michiko Stehrenberger and her “Blue Girl” artWe’ve asked for permission to share this letter because it demonstrates the kind of abuse which is going on now, but which the Orphan Works bill would legalize. Because this is a real-life example, not legal theory, we’ve asked several artists to fax copies of this letter to their own Congressional representatives. Nothing else we’ve read

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-87743788235942020242006-07-18T18:48:00.000-04:002008-09-18T21:44:13.948-04:00

“Sponsors are likely to plow ahead full steam”We’ve been advised that the sponsors of the Orphan Works bill “are likely to plow ahead full-steam.” They’re expected to “try to get the bill up to a House vote as soon as possible, maybe even this week or next,” before our opposition can affect the outcome. In short, we were told “it is paramount that the opposition scale up quickly.”To write your

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-46641746105587151722006-07-14T18:48:00.000-04:002008-09-18T21:48:44.087-04:00

Here's a reminder that your letters opposing the Orphan Works Act of 2006 are important. Congress is hearing from many advocates who support the bill and are determined to push it through. Here's a sampling:Human Advocacy Networkhttp://capwiz.com/humanitiesadvocacy/issues/alert/?alertid=8870326Public Knowledgehttp://www.publicknowledge.org/node/487/actIndy Filmmakers Go to Washingtonhttp://

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-85756129137590014082006-07-13T18:48:00.000-04:002008-09-18T21:50:13.590-04:00

We’ve been advised of three more Congressional districts that merit special attention in opposing the Orphan Works Act. Would all artists in the following area codes: (262), (513), and (630) please email your representatives:Representative James Sensenbrenner ( R-WI 5th) Fax (262) 784-9437 (Chairman of the House Committee on the Judiciary)Representative John A. Boehner (R-OH 8th) Fax (513) 779-

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-313335443834759402006-07-06T18:48:00.000-04:002008-09-18T21:53:25.692-04:00

by David Carney, Publisher and Author of Tech Law JournalDavid Carney is author and publisher of the respected Tech Law Journal. These excerpts are from his analysis of the Orphan Works Act. We quote from it with permission. The emphasis (in bold) is ours.The [Orphan Works] bill is supported by representatives of libraries, museums, and universities. It is also supported by the trade groups that

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-61078344926170926492006-06-29T18:48:00.000-04:002008-09-18T22:00:29.282-04:00

Artists and photographers have been joined by writers, textile manufacturers and others in realizing the threat of the Orphan Works Act of 2006 (HR5439). As we continue to spread the word, it’s time again to act in concert. Others in related fields will be doing the same. Starting in about one week — as soon as Congress returns from its Fourth of July recess, we’ll be emailing lawmakers in

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-32119107344380618672006-06-06T18:48:00.000-04:002008-09-18T22:05:22.526-04:00

“Current available picture matching technology is still in its infancy. If one of the motivations of [Orphan Works] legislation is to facilitate market development of a database for visual arts — the effective date should correlate to a time where a database could realistically be functional.”— The Honorable Howard L. Berman For the Mark-up of H.R.5439, the “Orphan Works Act of 2006,” May 23,

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-67661578329810136382006-06-05T18:48:00.000-04:002008-09-18T22:09:25.287-04:00

Legal analysts are debating Orphan Works legislation in terms of statute law, but many seem unfamiliar with how we actually license art in the marketplace. As a result, they find our opposition to the bill hard to understand. Some of their questions are good ones and deserve a direct response.Q: How realistic is it to fear that recent photographs and illustrations will actually be declared "

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-70928360273370030112006-05-31T18:48:00.000-04:002008-09-18T22:12:54.655-04:00

by Honorable Howard L. Berman, Ranking Member of the House Subcommittee on the Courts, the Internet and Intellectual PropertyThe following quotes are from the statement of the Honorable Howard L. Berman (D-CA) Ranking Member of the House Subcommittee on the Courts, the Internet and Intellectual Property. They were made May 23, 2006, during the Mark-up of H.R.5439, the "Orphan Works Act of 2006.”"

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-45756425046583433652006-05-30T18:48:00.000-04:002008-09-18T22:26:21.747-04:00

The Orphan Works bill contains a terrible new provision that gives an infringer exclusive rights to the entirety of an orphaned work if the infringer uses that work in a “derivative work.” A derivative work is one made by incorporating the work of others.House negotiators have removed the requirement that infringed art be used in a derivative that contains substantial original expression. This

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-292676822530055092006-05-24T18:48:00.001-04:002008-09-18T22:33:49.553-04:00

First the good news. It appears that the Orphan Works bill won’t let someone infringe your work just by saying he couldn’t find copyright information on the work itself. He’ll have to say he’s also made a good faith effort to find you through other means. The bad news is you can either take his word that he’s done so or you can take him to Federal court.We haven’t had time to get a professional

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-14377484619349444462006-05-24T18:48:00.000-04:002008-09-18T22:32:20.142-04:00

Review the Orphan Works Bill and try substituting “thief” or “theft” for “infringer” and “infringement “ and it’s clear what a stunning reversal of common sense this bill embodies toward the treatment of private property:109TH CONGRESS2D SESSION H. R. 5439 To amend title 17, United States Code, to provide for limitation of remediesin cases in which the copyright owner cannot be located, and for

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-1677414375027707542006-05-22T18:48:00.001-04:002008-09-18T22:38:50.571-04:00

After nearly three months of closed-door negotiations, the House Subcommittee on Courts, the Internet and Intellectual Property has drafted an Orphan Works bill.It incorporates a number of changes that will improve the draft language originally proposed by the Copyright Office. These changes will limit the damage the original proposal would have caused, but there are still major areas that will

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-59033138918941246532006-05-22T18:48:00.000-04:002008-09-18T22:37:42.943-04:00

by Rep. Lamar Smith, et al 109TH CONGRESS2D SESSION H. R. ____To amend title 17, United States Code, to provide for limitation of remediesin cases in which the copyright owner cannot be located, and for otherpurposes.IN THE HOUSE OF REPRESENTATIVESMr. SMITH of Texas introduced the following

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-51468321798184793422006-04-15T18:48:00.000-04:002008-09-18T22:41:40.088-04:00

The Senate hearings on Orphan Works have shown that artists and photographers are united in opposing this bad amendment. We went to Washington to say that this proposal is either poorly conceived or something other than what it appears to be: You don’t need to expose everybody’s work to abuse by anybody for any purpose in order to make abandoned work available to some people for proper use. You

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-39758750654082976582006-04-06T18:48:00.000-04:002008-09-18T22:43:52.182-04:00

Statement of Brad Holland Founding Board Member Illustrators' Partnership of America Subcommittee on Intellectual Property Committee on the Judiciary U.S. Senate Hearing on “Orphan Works: Proposals for a Legislative Solution” April 6, 2006Chairman Hatch, Ranking Member Leahy, distinguished members of the Subcommittee: Last year, the Illustrators’ Partnership filed a submission to the Orphan

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-83101914917868410632006-03-29T18:48:00.001-05:002008-09-18T22:47:19.996-04:00

Webcast of the Oversight Hearing“Remedies for Small Copyright Claims”House Judiciary Subcommittee on Courts, The Internet, and Intellectual Propertyhttp://judiciary.house.gov/oversight.aspx?ID=226Look under HEARING DOCUMENTATION and then click on “Video Webcast”.The complete video is 54:54 minutes long and uses RealPlayer.Witness ListPaul Aiken Executive Director, Authors Guild.Jenny Toomey

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-12162185635965826422006-03-29T18:48:00.000-05:002008-09-18T22:45:11.489-04:00

Statement of Brad Holland Founding Board Member Illustrators' Partnership of America Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary U.S. House of Representatives March 29th, 2006 Re: Oversight Hearings on Remedies for Small Copyright ClaimsChairman Smith, Ranking Member Berman, members of the Subcommittee: My name is Brad Holland. I’ve been a

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-53746987433606174062006-03-22T18:48:00.000-05:002008-09-18T22:51:34.303-04:00

This is the text of IPA’s written testimony to the House Judiciary Subcommittee, submitted March 14, 2006.by Brad Holland and Cynthia TurnerRE: Orphan Works Amendment to 1976 Copyright ActThe Orphan Works proposal would legalize the infringement of any work of art, regardless of age, country of origin, published or unpublished, where the rights holder cannot be identified or located. This would

Illustrators' Partnership of Americahttp://www.blogger.com/profile/03444709819428474209noreply@blogger.com0tag:blogger.com,1999:blog-1902667975970127836.post-34761522567088165622006-03-21T18:48:00.000-05:002008-09-18T22:57:01.270-04:00

For over a year, we’ve used these emails to warn you about the coming Orphan Works amendment. Now it’s time to call it by its real name: This is not an “orphan works amendment.” An OW amendment would have applied to old work whose authors are hard to find. This proposal will apply to past, present and future work. It will be retroactive. It will interfere with working artists and commercial

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