Art News Around the Globe

I am going to devote this entire page to an issue that affects every artist, collector, museum, and art lover: copyright. There is a considerable amount of discussion right now about a proposed law in front of congress to force artists to register every single piece they create in order to protect its copyright. Let's start first with the objections to this bill, and then show some contrary positions. You must judge for yourself, but if there is the slightest chance that this bill will be enacted it is essential that we all take action against it. Note that there are numerous links offered - it pays to be knowledgeable! I am quoting from an informed and intelligent source in the art community.

Dear Artists,

There is a bill currently before Congress, which would allow other people to take the copyright of your creative labors and use it for their own profit. This is most important to your career as an artist. As if there wasn't enough exploitation of artists rampant already, they've decided to make it legal. The name of the bill is: The Orphaned Artwork Bill. As of now, your copyright is legally protected internationally, automatically. You do not have to register. Here are the basic facts if this bill is passed. Everything produced within the last 35 years will be open game unless the artist pays a fee to "register" each and every piece produced, individually. Right now you do not have to register or pay to own your work.

In time honored fashion, they're thinking only of the short term profits and not the long term effects of this legislation. The proposers of this bill don't seem to realize that if you force struggling artists to pay fee after fee to "register" their work, people will stop sharing their work and most will stop producing it. The artistic culture of this nation will shrivel up and wither like a rose in December. Not only will millions of artists lose their rights and ability to make feed and clothe themselves worldwide, but every sector of the society will be affected. We depend upon the innovation and invention of creatives to fuel our economy.

SIGN the Petition >>> http://www.petitiononline.com/dAvsOW/petition.html

If you need more information here are some resources :

Please read this article from Animation World Magazine for the complete picture of the critical situation artists are in with the passing of this bill. ! Go to "Mind Your Business" link. >>> http://mag.awn.com/?ltype Animation World Magazine: Mind your Business: You will Loose All the Rights to Your Own Art

ORPHAN WORKS RESOURCE PAGE FOR ARTISTS >>> http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00185

Listen to the audio interview on this bill >>> http://www.sellyourtvconceptnow.com/orphan.html

Contact Elected Officials >>> http://www.usa.gov/Contact/Elected.shtml

Another artist's "In the know" journal >>> http://realitysquared.deviantart.com/journal/17811892/

Now here is a contrary opinion: http://maradydd.livejournal.com/374886.html

And, from Eleanor Dickinson in San Francisco, the following email:

"A couple of corrections: there is no bill at present 'before Congress' although much talk of another one being introduced. [A later email from Eleanor told me she heard there is a bill, but needs to confirm this.)

Eleanor continues: "The problem is that many writers, art historians, etc. need to be able to quote from published works or reproduce drawings and other art in books. It is very difficult to locate a particular artist, photographer, writer, etc. to get permission. The legislators are trying to find a way to protect the originator of the work and also allow the work to be referred to. An Artists' Registry would help, for example, to keep updated addresses. One proposal was for the historian, company, publisher, etc. to make all reasonable efforts the publisher would then pay them a "reasonable fee" for the one time use of the image.

There has been a lot of discussion/ agitation on this for several years. I'm on the CA Lawyers for the Arts Board and keep them informed on this with the general idea that the CLA can offer to help, give legal advice, etc. Some graphic arts groups are agitating against it, College Art Assoc. is for it; the U.S. Copyright office proposed a ten year test period to see what would work; so far as I have heard, no one likes that idea.

Other corrections: you don't have to pay to register each work of art: you can do contact sheets of a number of works, put lots of pages in a binder and copyright the whole collection for the one Registration Fee. The creator's copyright last for the lifetime of the artist plus 50 years (or 75) which is a very long time to wait for writers, publishers, etc. I doubt if any hassles of registration would make an artist quit working: their copy right of each work is theirs without registration: the registration is helpful because if it is violated the violator has to pay the lawyer's fees to enforce it. I doubt if many artists bother to register. Also there isn't a lot of money in allowing a work to be used: there is some, but few artists would try to live off of those fees. The culture of the U.S. would not wither away. I agree that artists need every fee they can get, but an occasional $25. or $50. fee would not support them very well. The people more at risk are probably various creators in the film business where there are higher fees."

Note to viewers: I have signed the petition, but would love to hear from any of you about your thoughts on this very important issue. One of my objections is that I find it offensive to suggest that I need to pay a fee to establish ownership of my own work. I also don't want to spend negative energy doing paperwork and dealing with government. I can tell you from first-hand experience how frustrating it is - I already have an international copyright and the attorney's fees never stop: every time a change in the law takes place you have to update.

c. Corinne Whitaker 2008

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