Orphan Works Bill Could Spell Disaster for Most Photographers
Tuesday April 29, 2008
Its time for another Orphan Works fight in the United States. Defeated several years ago, the Orphan Works bills are back as H.R. 5439 and S. 2913. While most photographers and other artists understand the need for an Orphan Works bill, the current versions are troubling.
An orphan work is meant to be a work that cannot be traced back to the creator/copyright owner. However, the current bills could possibly deem almost all photographs orphan works and remove the viability of legal recourse. Like most bills, the language is confusing. However, there are several great resources that explain the bill provisions and state the position of various creative organizations.
Orphan Works
American Society of Media Photographers
Professional Photographers of America
US Copyright Office Position
An orphan work is meant to be a work that cannot be traced back to the creator/copyright owner. However, the current bills could possibly deem almost all photographs orphan works and remove the viability of legal recourse. Like most bills, the language is confusing. However, there are several great resources that explain the bill provisions and state the position of various creative organizations.
Orphan Works
American Society of Media Photographers
Professional Photographers of America
US Copyright Office Position
Comments
your pointer to the ASMP is out of date; the current (2008, rather than 2006) version says that “ASMP believes that, on balance, the House version is a bill that photographers can support. We believe that the Senate version could still benefit from some changes.”
see Update on 2008 Orphan Works legislation