Orphan Works' Bill or Greedy Will?

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Instead of just stepping on And casually walking across, You better think to question, The fibers that's been flossed. The carpet's been laid out before us, 'Tis carefully woven and groomed, So we can't see the loopholes within, So cleverly they've been loomed. Ask! What is really underneath? What is really on their hook? [ STOP ], lift up that carpet! Take a closer look!!! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Written by Sharon Donnelly
© 4/18/2008

I warn anyone & everyone that this diary entry is loaded with 'explosive expression'!!! But....I'll be damned if I'll just roll over & play dead, while these bastards try & get away with this!!!

This is LUDICROUS!!!
http://mag.awn.com/index.php?ltype=pageone&article_no=3605&page=1

Many are criticising this person, Mark Simon, The Artist Advocate - marksimonbooks@yahoo.com. Maybe his article has some aspects that aren't perfect, but I believe he has the whole idea down pat. The trouble is, people have a tendency to be naive, therefore easily duped & don't honestly believe that our government would really do such a thing. Oh, but this is where those of you that think this way are wrong. Remember, MONEY TALKS & BULLSHIT WALKS! You can bet there are some greedy bastards that are already counting their speculative monies they will be gaining from such. I say, let them count their chickens, but we ALL need to keep their 'eggs from hatching'!!!

If all of us artists of ANY GENRE don't speak up, act against this LUDICROUS NOTION of these money grubbing, THIEVES, we will ALL lose our RIGHTS TO ALL OF OUR CREATIVE WORKS!!!

Get the word out there, so these bastards don't get their way to make MEGA AMOUNTS OF MONEY at our expense! The term 'orphan works' is a misnomer. They are using it to make us think it's only about works that the author just isn't to be found for reasons such as they've died, for instance. This is sooooooo NOT THE CASE! I'd advise every artist, creator of any sort, genre, to give a listen to this:

http://www.sellyourtvconceptnow.com/orphan.html

Don't be afraid to look at the page it's on, too. Brad Holland of the Illustrator's Partnership explains how this bill is REALLY going to affect artists & their works. It took me with dial-up about 7 - 8 hours to download it, but it was worth it.

http://www.house.gov/
Americans...write to your Representatives, Congressmen, whoever, whatever it will take to get this bill either killed or at least changed in our, the artists', favour!

The bill can be read here:
http://www.law.duke.edu/cspd/pdf/cspdproposal.pdf

Ok, so I read this & basically all I get is sympathy wanted for those that want to use copyrighted works or 'orphan works' as they put it. It's a bit too easy in my opinion to make a creation to get classified as an orphan work. I picked up no sympathy for the creators, whatsoever. Where are most of the artists going to get the money to register their works? Most artists can't afford this & these big conglomerates know it! Google is already got its eye on all of the so-called orphan works. Bill Gates, who has more money than God, wants to profit from these 'orphaned works', too. What the hell is a 30-day posting on a site going to do for the creator? How many creators will even become aware that such a site exists & what about the creators that don't even have a computer? What about all the money that will be handed over under-the-table, like you scratch my back, I'll scratch yours? We all know how trustworthy people in high places are! NOT!!! Hmmm...Ugh! Since when will an advocate of a bill speak up against his own bill? ...And so what...a lawyer's name is given? Well, if that ain't the fox guarding the hen house!

I'm going to write to Nancy Pelosi, the Speaker of the House of Representatives. She's about as near to the top as can be gotten AND she supports the arts in many ways, many organizations of the arts. I'm going to see if I can get from her in layman's terms JUST WHAT THIS BILL HOLDS FOR THE CREATORS, THE ARTISTS THEMSELVES. 

http://news.deviantart.com/article/46491/
...And what exactly is who hiding here? James Boyle doesn't want his email posted? Why not?

Deviant's interpretation:
Summary of his response:
1. Registering material for copyright will not be mandatory.
2. This bill wouldn't even apply to recent works, but would specify types and ages.
3. Rules on what constitutes a "reasonable search" for a copyright holder would be laid down, for which proof must be provided before a piece of work is deemd Orphan Work.
4. If a piece of work, deemed orphan work, is used, and then the original copyright holder appears and asks for it to be taken down, the user would be obliged.
5. The original copyright holder never loses copyright or control over their work.

Very loose interpretation, if I must say so myself. Besides, a website that makes money from 'us creators' is certainly not going to be against such a bill, either. After all, their 'contract' is already in question. Therefore, I would not put my stock in Deviantart, either.

Supposedly this is a better explanation? Where? How? I still see virtually nothing in regards for the creators:
http://www.publicknowledge.org/issues/ow

Orphan Works Act of 2006:
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5439

Guess what? EMPTY PAGE!

In my opinion this is one of those 'back doors' that this wonderful government of ours likes to use to get what they ARE REALLY AFTER. If anyone doesn't think there aren't some major kickbacks that are already in place to line the pockets of those that are SUPPOSED TO BE LOOKING OUT FOR OUR BEST INTERESTS, guess again!!! I know first hand knowledge how the whole lobbying in Washington works. It's UNBELIEVABLE the amount of pull they have behind them. I have a personal friend that helps with working against these lobbyists. This is what many people fail to see, THEIR HIDDEN AGENDA! This is all about the sneaky, underhanded bastards of the high & mighty corporations & BIG businesses getting their grubby hands on the works of us for NOTHING, so they can make BILLIONS more, while we, the creators, most of us, live like & are paupers! Greed, nothing but pure & unmitigated DAMN GREED!!!

Someone asked me what I thought...
Actually, I think it could be very bad for all artists, if everyone decides to have a cavalier, naive attitude about this. I don't put anything past the greedy bastards in this country, whatsoever. I can't speak about other countries & wouldn't try to speak about something I know nothing about, but when it comes to this USA, I know much & I will speak. I think this is very interesting to listen to... Brad Holland of the Illustrator's Partnership talks explains how this bill is REALLY going to affect artists & their works:
http://www.sellyourtvconceptnow.com/orphan.html

This is where they are deceiving the public. The general public doesn't see or realise their 'true meaning' of orphaned works or just how flimsy of an excuse these big companies will have at their disposal on how to get works deemed as orphaned. Everyone is so busy blasting Mark Simon & his few minor imperfections, they aren't seeing the forest for the trees. I certainly would not put any faith in a spokesperson for Deviantart, since they are part of the group that would benefit from such. Anyone that makes money from artists' works, are not going to discourage the passing of this bill. Besides, their contract leaves a lot to be desired. :/

I don't know what people in other countries can do, but I know what I can do & I've already made several contacts & will proceed to keep making more, as many as I can. You can bet I'm going to make a lot of noise & I'm going to encourage others to do the same. It is said, "The squeaky cog gets the grease." I've also heard & read that this is also something that Europe wants to do as well. So, if it can be squashed here, maybe this same squashing can/will happen anywhere else there may be such a notion to try this ludicrous idea. :/

Just a couple of reasons why I have little faith in this so-called wonderful government of ours....
Here's one example: How many American people are aware that this wonderful American government wants to eventually make it mandatory that ALL US citizens will have to submit to having a micro chip put in their bodies? Why? So the government can watch & eventually CONTROL each & every little thing we do or don't do. What does anyone think their back door is? Why, it's b/c so people with Alzheimer's & such can be tracked, so they don't get lost. This sounds like a good idea, doesn't it? This is where they get us all! They use a plausible means to get their foot in the door. Once in, they have us! American people need to WAKE UP! Our rights are being slowly stripped & most of us are not even the wiser to what's really going on!

Here's another: How many people think that the FDA (Food & Drug Administration) is here for the welfare of the American public? Well, if you think so, guess again. When you have employees in the FDA that are affiliates/associates for/with the American Pharmaceuticals' Corporations, to hell with the fox guarding the hen house! It's the wolves that are! It's all about the money! Why does anyone think the reason is we can't get more access to 'natural health care products'? Because the Pharmaceutical Corporations can't obtain patents for 'natural' substances that everyone already has the right to. No patents, no monopoly...therefore, NO MONEY for the Pharmaceutical Companies! To hell with the fact that we could then treat a variety of ailments & such in a healthy way WITHOUT SIDE EFFECTS, & so therefore, no need for more & more health issues, which the drugs (which are actually poisons) create! The more health issues, the more money for the Pharmaceutical Corporations! These drug companies don't want healthy people. Hell no! They can't make any money from healthy people, ONLY FROM SICK PEOPLE!

So, I therefore, am going to lean in the direction that the Copyright Office doesn't have us, THE CREATORS' best interests at heart. either. You can best believe there are gold diggers behind this, too!

We need NOT to leave this up to chance! I can not afford to register each & every one of my works, nor can I spend mega hours going through all the various "private sector", 'copyright registries' that would come to be, to see if someone is trying to get my work deemed as "orphanised". If by chance you do have your works registered as of now & this whole scenario comes to fruition, you would have to 're-register' your works with these private sector registries & you had better wish you chose the right one, too!!!

I'm an artist, writer & musician, so I will not leave this up to chance & just hope that the right thing gets done. Oh, no! ...And being a poet, of course, I'd have to put it poetically....

Orphan Works' Bill or Greedy Will?

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Instead of just stepping on And casually walking across, You better think to question, The fibers that's been flossed. The carpet's been laid out before us, 'Tis carefully woven and groomed, So we can't see the loopholes within, So cleverly they've been loomed. Ask! What is really underneath? What is really on their hook? [ STOP ], lift up that carpet! Take a closer look!!! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Written by Sharon Donnelly
© 4/18/2008

50 years should be ENOUGH!

‏
From: (daughter) (--------------)
Sent: Tue 3/04/08
To: Mom (----------------)

Hey, Mom!

This came to me in an email. I know how you are with copyright issues and the rich always getting richer, while the ones who do all the work get ripped off!

Subject: 50 years should be enough!

Copyright in sound recordings currently lasts for 50 years. An independent review (the "Gowers review") commissioned and endorsed by the UK government says it should remain at 50 years. Yet the recording industry continues to demand that this term be extended. But term extension would be an injustice to European musicians and musical culture, and may harm our economy.

Major record labels want to keep control of sound recordings well beyond the current 50 year term so that they can continue to make marginal profits from the few recordings that are still commercially viable half a century after they were laid down. Yet if the balance of copyright tips in their favour, it will damage the music industry as a whole, and also individual artists, libraries, academics, businesses and the public.

If you agree that copyright term on sound recordings should not be extended past 50 years, please, sign this petition today:
www.soundcopyright.eu
Together, we can defeat copyright term extension.


I emailed (forwarded) this to all I think might be interested.