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Author Topic: Orphaned works  (Read 3881 times)

KevinA

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Orphaned works
« on: May 12, 2008, 07:03:00 am »

Michael,
Is it possible we could get some kind of organised partition going here. I know there are plenty on the net already and I have signed them. I think if we can protest from as many directions as possible it will show a general outrage from those of us that are going to get mugged big time.
This is possibly the biggest threat to the creative industry ever, the thought that we as small individuals should be walked over to feather the pockets of already rich big business makes me sick.
Michael could you put something up for us to register with?

Kevin.
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Kevin.

The View

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« Reply #1 on: May 12, 2008, 03:53:39 pm »

Quote
Michael,
Is it possible we could get some kind of organised partition going here. I know there are plenty on the net already and I have signed them. I think if we can protest from as many directions as possible it will show a general outrage from those of us that are going to get mugged big time.
This is possibly the biggest threat to the creative industry ever, the thought that we as small individuals should be walked over to feather the pockets of already rich big business makes me sick.
Michael could you put something up for us to register with?

Kevin.
[a href=\"index.php?act=findpost&pid=195177\"][{POST_SNAPBACK}][/a]

I see what you mean.

Looks like this could open doors to any photo user to just use an image.

The term "hard to find copyright owner" is a true rubber term, and very stretchable.

Could be an easy way into copyright abuse for those who want to do it.
« Last Edit: May 12, 2008, 03:54:20 pm by The View »
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KevinA

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« Reply #2 on: May 12, 2008, 05:14:30 pm »

Quote
I see what you mean.

Looks like this could open doors to any photo user to just use an image.

The term "hard to find copyright owner" is a true rubber term, and very stretchable.

Could be an easy way into copyright abuse for those who want to do it.
[a href=\"index.php?act=findpost&pid=195269\"][{POST_SNAPBACK}][/a]

It might be US legislation but it affects everyone in the world that creates imagery or music or film or anything to do with the arts.
It's complete madness, making a grey area out of something that is now clear cut.
Everyone in the World needs to be heard on this one.

Kevin.
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Kevin.

JDClements

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« Reply #3 on: May 12, 2008, 08:13:17 pm »

Quote
It might be US legislation but it affects everyone in the world that creates imagery or music or film or anything to do with the arts.
It's complete madness, making a grey area out of something that is now clear cut.
Everyone in the World needs to be heard on this one.
[a href=\"index.php?act=findpost&pid=195286\"][{POST_SNAPBACK}][/a]

True. The fact that it is US legislation just means that only someone in the US can use it to rip off what ever they want, no matter where in the world the creator resides. Of course, only US citizens have any power to stop it.
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dalethorn

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« Reply #4 on: May 12, 2008, 11:00:55 pm »

Seeing as how Big Time Law is never made for the benefit of the hoi polloi, there must be a major beneficiary waiting in the wings on this one.  Seems the sooner you can ID that/those beneficiaries, the better chance you have of exposing the scam and embarrassing the bureaucrats back into their pigeonholes.
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The View

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« Reply #5 on: May 13, 2008, 01:59:07 am »

It practically makes it impossible to get damages for copyright infringement.

Any big company can steal an image, and then say it was "difficult" to locate the photographer.

I just wonder where this mad idea started out.

Possibly in the office of a corporate lawyer...
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KevinA

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« Reply #6 on: May 13, 2008, 04:09:29 am »

Quote
Seeing as how Big Time Law is never made for the benefit of the hoi polloi, there must be a major beneficiary waiting in the wings on this one.  Seems the sooner you can ID that/those beneficiaries, the better chance you have of exposing the scam and embarrassing the bureaucrats back into their pigeonholes.
[a href=\"index.php?act=findpost&pid=195357\"][{POST_SNAPBACK}][/a]

Their will be be private companies you have to PAY to register your work with, that's the scam angle. No doubt some politicians are needing to get their back pockets enlarged to take the extra cash coming their way when this goes through.

Kevin.
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Kevin.

Dinarius

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« Reply #7 on: May 13, 2008, 05:17:36 am »

I have a sneaking suspicion about this..........

Most of us are sole practitioners, and have no chance of defending our images against this if they get it through.

However, I have a feeling that if some wiseacre lifts a still image from a DVD of a Hollywood movie ("No, Your Honour. I didn't know that was Tom Cruise. Never seen him in my life before.") then the might of a Hollywood studio's legal department will show this up for the rubbish that it is.

It needs a test case at the other end to get rid of it once and for all.

D.
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KevinA

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« Reply #8 on: May 15, 2008, 12:44:11 pm »

Quote
I have a sneaking suspicion about this..........

Most of us are sole practitioners, and have no chance of defending our images against this if they get it through.

However, I have a feeling that if some wiseacre lifts a still image from a DVD of a Hollywood movie ("No, Your Honour. I didn't know that was Tom Cruise. Never seen him in my life before.") then the might of a Hollywood studio's legal department will show this up for the rubbish that it is.

It needs a test case at the other end to get rid of it once and for all.

D.
[a href=\"index.php?act=findpost&pid=195426\"][{POST_SNAPBACK}][/a]

It would be on a case by case basis and the scenario you mentioned is not going to happen.
I also wonder about people in a picture, what rights would they have if their image was used for something unflattering. Without a property release or model release would not the publishers be liable for damages?

Kevin.
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Kevin.

DarkPenguin

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Orphaned works
« Reply #9 on: May 15, 2008, 12:48:42 pm »

I've a bunch of photos I no longer want to be associated with.  Where should I leave the basket?
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