Once again, orphan works is being discussed in Congress. We knew it’s not going away. Ed, along with APA (American Photographic Artists) has submitted a plan for congressional consideration to compensate and photographers whose works have been “appropriated” under the banner of “orphan works”. Read the entire PDF proposal at this link.
We feel this will plug the biggest loophole in any orphan work legislation. The proposal requires that a user engage in a real life, due diligent effort to locate the source of any photo it intends to use. If after making a good faith, documented effort and failing to determine the source of the image, only if such a good faith effort is made may employ the photo without fear of being socked with a mega claim for willful copyright infringement.
This stops and prevents infringers from using the Jon Lovitz’s Tommy Flanagan “Pathological Liar” character’s typical, lame excuse “Yeah, that’s the ticket, we, ah, looked for the photographer. Yeah we really looked, really hard! Yeah, that’s it”. If you never heard Lovitz’s characterization, check this video out or Google any of his SNL skits.
If you believe the playing field ought be leveled between the typically “little guy photographer” and the usually well heeled corporate infringer, you would do well to write to your members of Congress in support of this proposal.
#1 by Matt Timmons on February 6, 2013 - 3:06 am
I thought the only way to a Congressman’s pen was though his off-shore bank account. Obviously, the only place I’d like to see Tommy Flanagan is on SNL re-runs, but I somehow can’t fathom the idea that a Congressperson is going to read any letter from anyone that isn’t in the Fortune 500 club. Hope I’m wrong on this, but presently I haven’t heard of Congress doing much of anything besides giving themselves more pay raises, more benefits, more time off and telling the rest of us peasants (including photographers) that we’re on our own. #useless
#2 by Jack and Ed on February 6, 2013 - 9:06 am
Matt, I’m afraid you’re wrong. It’s easy to do the easy knocking of Congress and being cynical these days, but things do get done. I’ve been to Washington to lobby and they take such things as letters very seriously. So few people bother that when they do get letters and such, they carry big, proportional weight, figuring it represents the feeling of a lot more constituents. It’s important to contact a representative or Senator who represents you and that you can vote for. They also pay more attention to individually written letters as opposed to form letters. Written mailed letters over email letters, but email still counts.
You are right that the Senators don’t read the letters, they usually don’t. All the work is dine by the aides.
If you go to Washington, you should contact your representative’s office and go to the congressional office buildings. You will probably see an aide but you never know. It depends on what you want to see them about and what their schedule is that day. But they do listen.
And if you don’t do anything and don’t get involved, then if they pass laws you don’t like, you really can’t complain.