Archived posting to the Leica Users Group, 2008/05/12

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Subject: [Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!
From: images at comporium.net (Tina Manley)
Date: Mon May 12 06:04:07 2008
References: <0K0Q009PN5STT040@l-daemon> <00b701c8b3b5$f94302b0$80f510ac@chris0436b6050> <049901c8b3b6$9d5aea20$0302a8c0@robertbxucevjs> <200805120137.AQJ68949@rg5.comporium.net> <015801c8b3e8$f9755520$ec5fff60$@net>

At 12:30 AM 5/12/2008, you wrote:

>If you want to bitch about paying $45 to register all the art you have made
>over your lifetime, and then once a year after that, go ahead.  Bitch.  It
>is your money.
>
>But maybe you should save your bitching for getting some meat into the laws
>to really protect you.  And maybe this law will help you do just that.......
>
>Frank Filippone
Frank -

My objection to this law has nothing to do with registering or not 
registering my work.  I always register all of my work with the 
Copyright Office.  In fact, I am one of the beta testers for the new 
on-line registration.  It has some kinks but is coming along.
As the law currently stands, if I find that someone has used one of 
my photos without my permission, and without paying, I can charge 
them three times the normal rate for usage.  If they don't pay, I can 
take them to court and recover the usage fee plus punitive 
damages.  If the Orphan Works bill passes and someone uses one of my 
photos without permission, they can claim that the couldn't find the 
owner of the photo (there are millions of photos and it is easy to 
strip out all metadata and copyright notices).  My only recourse, if 
they used the photo commercially - in advertising - is to file a 
complaint.  The infringer would have to pay what THEY consider to be 
a "reasonable" amount and stop using the work.  If the infringer used 
the photo editorially, or in a documentary, or for educational use, I 
would get NOTHING!!!  They would have to stop using the photo, but 
they would not have to pay for any prior usage.  All of the photos 
that I lease are used editorially.  My life's work would be 
worthless.  This law would in no way protect me or my work.

Tina

Tina Manley
ASMP, NPPA, EP, PI
http://www.tinamanley.com 


Replies: Reply from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
In reply to: Message from tedgrant at shaw.ca (Ted Grant) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER! YOU WERE WARNED!!!)
Message from leicachris at worldnet.att.net (Chris Williams) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from robertmeier at usjet.net (Robert Meier) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from images at comporium.net (Tina Manley) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)
Message from red735i at earthlink.net (Frank Filippone) ([Leica] Orphan Works - . A MUST READ EVERYONE! :-( DON'T CRYLATER!YOU WERE WARNED!!!)