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The Orphan Works amendment to the US copyright law threatens to unleash a HUGE legal loophole that would put at risk EVERY ARTIST's creations.

As reported by many other artists on DA and elsewhere--this is FOR REAL. You NEED to start emailing, faxing, and calling your Senators if you are an artist or a friend of an artist and get this amendment stamped out.

Here is a press release by the ASMP, as well as an easy-to-use Draft Letter for reaching Senators and Representatives. I have also posted another draft letter on my own site below, and the Fax Numbers of Senators that are on the committee, deciding the fate of YOUR WORK. So USE THEM. Fax them. If you are a Canadian Citizen, there's info for you, too.

HERE. Do it NOW, while you're all riled up.

Do something and PASS THIS INFORMATION AROUND, or else all our unique creations may be at risk.

stolen from caramittin's DA journal
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.


( 19 comments — Leave a comment )
Mar. 9th, 2006 06:20 pm (UTC)
Call me stupid, but is there a direct link to this loophole?
Mar. 9th, 2006 06:23 pm (UTC)
Read the blue text under the heading "The Problem" on this page. It has a couple links pointing to the exact wording and rationale.

Also try reading some of the comments in the Deviantart journal, those helped clarify some things.
Mar. 18th, 2006 06:55 pm (UTC)
You're Not Stupid ;3
"The bottom line is that, even if you have done everything right, including registering your photographs immediately at the Copyright Office, every photograph that you publish may be up for grabs if it doesn't have a published credit. Yes, people have to contact publishers to try to identify and locate you, but if that doesn't produce your name and/or contact information for any reason, they may be entitled to a free, or almost free, pass." ~ASMP
Mar. 9th, 2006 09:26 pm (UTC)
And if you're not american or canadian?
Mar. 9th, 2006 09:32 pm (UTC)
Yeah, we can't do a fat lot XD
Mar. 9th, 2006 09:33 pm (UTC)
i feel stupid because i have read that page so many times and still don't get the problem...

O.o we need out full name, a copyright symbol or the word copyright, and the year on a picture... riight?
Mar. 9th, 2006 10:52 pm (UTC)
It looks like this is more a problem for folks who have let their art get out into the public without attaching a name or anything to it. Basically, anyone will be able to take that art and make money off it and the original artist will have no recourse in the matter. Right now, the copier can be sued and all that.

My understanding has always been that all art is copyrighted automatically at the moment of creation.

Being Canadian, I'm not sure how (or if) this will affect me. Especially since my art (sculpture) is not something that can really be copied, and I sign and date everything.
Mar. 9th, 2006 11:04 pm (UTC)
well most of my art has "artwork (c) Mandy "Synchra" Draeger 2006 (or whatever the date is)" written on it, but I know my older stuff does not, but i could easily just go and take it down or put new (c)'s on it.

I had a class on copyright last year and... it already was the law to have (c) and date on it.. and as soon as the art is created and "published" it is (c) to you. Submitting artwork to the internet counts as being "published"

I think this law goes for canadians and americans... I don't think you have to worry about the sculptures, but photographs of them i would if they weren't dated and stuff.
Mar. 10th, 2006 01:24 pm (UTC)
"I think this law goes for canadians and americans"

I suspect that too. I was just thrown by the opening statement of: 'that would put at risk EVERY ARTIST's creations'

They should have said every artist (within the usa or canada) really |:/

Mar. 10th, 2006 03:20 pm (UTC)
yeah. XD I don't think it's a rish for people is sweden or anything. haha.
Mar. 16th, 2006 11:06 am (UTC)
Well, I can't well sue anyone in the US stealing my art, whether there's a law saying they can do so or not, so the only difference such a law makes, is that it'll be legal in the US for someone to nab my art.

Not that it's not already pretty much free of risk, considering all I could really do about it is post about them on here. :P

This stupid amendment is just giving the thieves affirmation that what they're doing is okay.

Mar. 16th, 2006 12:41 pm (UTC)
wow.. that is so fucked up. O.o
Mar. 16th, 2006 12:54 pm (UTC)
That's how it works, though, or at least how I've understood it -- to sue a US resident for copyright infringement, I would have to do so in US court. Unless it's a matter of a multi-million corporation picking furry pr0n off VCL to use for a company logotype, or Marvel starting to publish my webcomic in a best-selling new magazine, I don't see how that would ever work out economically.

Which sucks, because there should be some kind of international copyright agreement that included countries working together (something working roughly like if Joe Merican makes prints of my art and sells them on his website, I can bring my originals of the same art to a Swedish courthouse and they'll tell the US copyright enforcement agency to fine his ass), but that's never going to happen.

Mar. 10th, 2006 07:43 pm (UTC)

This is a US copyright issue. I still fail to see how it would affect Canadians, aside from the obvious use of Canadian art copied in the US.

Considering how common stealing, copying, and mass-producing international art to sell internationally is in China, the only difference to me is that China is now downstairs...

... when I have more time, I'll look into this, especially regarding how/if this will affect canadian copyright laws. Actually, I should look into them anyways for my own sake.
Mar. 18th, 2006 06:57 pm (UTC)
Not just that, you have to leave enough infomation for them to CONTACT you. Like, "(C) KAGEKISS / April Wheeler 2005" isn't good enough, because there's got to be thousands of April Wheelers in California alone and if they couldn't find ME within a reasonable amount of time, they get to use my stuff for free anyway.
Mar. 18th, 2006 06:59 pm (UTC)
Er... 2006... LOL!
Mar. 18th, 2006 11:34 pm (UTC)
well.. there is only one "Mandy Draeger" in the entire US, but there is another Amanda Draeger. O.O
Mar. 9th, 2006 10:55 pm (UTC)
Mar. 10th, 2006 01:05 am (UTC)
Wasn't this posted before?
( 19 comments — Leave a comment )


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