I had intended on posting more about this bill, links, my opinion and how I see the bill affecting photographers a few days back but have been unable to break away from my busy schedule.
I read this Bill…at least the house version…there is a “different” version for the senate.
Get either version here on the APA page.
Get the “differences” highlighted in a pdf from the Photo Attorney Carolyn Wright Here
So back to what I read. See page 5 (House Bill) as follows
‘‘(I) performed and documented a qualifying search, in good faith, for the owner of the infringed copyright;and ‘‘(II) was unable to locate the owner of the infringed copyright; ‘‘(ii) before using the work, filed with the Register of Copyrights a Notice of Use under paragraph (3);”
Anyone can Claim they made a Reasonable search even if they don’t. They can make up a document showing their search that can lead to no where. And we all know MANY MANY instances where good Photographers works were Stolen and Used…I recal Rebekka (sp?) from Flickr who’s photos were stolen and reissued and an Arizona to Photographer Friend of mine also had an issue just last month! Read about it Here
This is a Bill and not a Law but in either case they are “broad” and “interpreted” by Lawyers. Other than some things on the surface I do not posse the legal skills to interpret the ramifications of this bill.
Search Google for “Orphan Works Carolyn E. Wright” and read what a real Attorney has to say on the Bill. This bill has been around since 2005, there are many good discussions on the proposal…check them out.
Also, a good friend of mine found the following from Photo Business and News
I have also emailed the guys at TWiP (This Week in Photography – link to the right) to see what they think. Hopefully they will give us their thoughts on their podcast; I love these guys, great stuff.
[LT]
