Archived posting to the Leica Users Group, 2008/05/11

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Subject: [Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!
From: images at comporium.net (Tina Manley)
Date: Sun May 11 14:01:27 2008
References: <0K0O00CK3OGA8A60@l-daemon> <0K0P0046CPYWM620@l-daemon> <6b9bd80a0805111021o62758888j4b06310172087f85@mail.gmail.com> <200805112000.m4BK0EWV084993@server1.waverley.reid.org> <48275A12.2080300@san.rr.com>

At 04:41 PM 5/11/2008, you wrote:

>Until someone tells me how it could affect ME or those I know 
>of;  "I ain't doin' nuthin'. "
>
>Jerry Lehrer

Read the links, Jerry!!  Right now, everything you photograph is 
considered to be copyright protected the second you press the 
shutter.  If this bill passes, you will have to register everything 
with the copyright office (at about $45 per registration) and, even 
if it is registered, anyone who finds your photo on the internet 
without any identifying information (or strips the information out) 
can use the photo (an Orphan Work) any way they want!  If you find 
out that they have used the photo without your permission, they are 
then required to pay you what THEY consider to be a fair amount for 
the usage.  The discovery is up to you, there are no penalties, and 
the payment amount is up to the infringer.

Does that sound good?  NO!!  I don't approve of ASMP's stance on this 
because they think the best they can do is get a provision to prevent 
Orphan Works from being used commercially.  Any editorial, 
documentary, non-profit or educational use would be fine!!  That's 
what I do for a living.  I have tried for 30 years to convince 
photo-buyers for non-profit organizations that photographers should 
be paid for their work - just like CEO's or secretaries or solicitors 
who work for non-profits!   This bill would convince them that photos 
should be free as long as they are used for any documentary, 
educational, non-profit, or educational use!  If one of your photos 
is stolen from the internet, and you discover the use later, the 
infringer would only have to pay you what THEY consider to be a 
reasonable amount.  In these days of micro-stock, that could be less 
than 1$.  They could use your photo in ways that you don't want the 
photo to be used - to support causes that you don't support.  None of 
that would matter.  And you would have to be the one to trace down 
the usage and contact the infringer to demand your "payment".

There is nothing good about this bill for photographers.  Please read 
the links and respond!

You can read ASMP's take on this here:
http://www.asmp.org/news/spec2008/orphan_update.php

You can protest here:
http://capwiz.com/illustratorspartnership/home/

Tina



Replies: Reply from s.dimitrov at charter.net (slobodan dimitrov) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Reply from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
In reply to: Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . HERE YOU ARE! A MUST READ EVERYONE! :-()
Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from gwpics at googlemail.com (Gerry Walden) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from marcsmall at comcast.net (Marc James Small) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)
Message from glehrer at san.rr.com (Jerry Lehrer) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRY LATER! YOU WERE WARNED!!!)