All Things Copyright

Best Practices Workshop

The Software and Information Industry Association is hosting the Copyright Registration Best Practices Workshop in Washington, DC on May 5 from noon to 2:15 p.m. EST.  Attendance in person or via webcast is free. RSVP at https://www.siia.net/events/prereg.asp?eventid=1364

Speakers:

Ted Hirakawa, Assistant Chief, Literary Division, U.S. Copyright Office
William Briganti, Assistant Chief, Visual Arts Division, U.S. Copyright Office

Topics that will be addressed:

• Best practices within the context of changed registration procedures
• Current ways of submitting claims within the Office’s electronic registration system.
• Recent developments in copyright registration, especially those for works disseminated electronically, e.g., database claims, works published within websites, works fixed in newer formats.
• The speakers will also present a demonstration of the electronic system in which we’re now examining claims to copyright and creating permanent registration records.

Be proactive and learn how to protect yourself and your work by attending the seminar in person or via webinar.

Accolades for the Artist Groups that Worked Together

Patrick Ross, Executive Director of the Copyright Alliance, applauded artists of every kind in a blog post yesterday for working together to protect their rights by filing a lawsuit to halt the Google Library Project. He cited John Schmelzer, President of the Graphic Artists Guild, for his personal and professional support. Read the blog post and the “Disclosure” remarks about Mr. Schmelzer at the Copyright Alliance’s website.  You may also visit the Guild’s main website here.

Copyright Protection in Digital Era a Cultural Priority

In response to what the Graphic Artists Guild calls a threat to the U.S. Constitution and the basic fabric of American culture, we filed suit today along with four sister creative organizations against Google, Inc. to halt further development of the Google Library project.

Please see the release that has details about an effort by the Obama administration to strengthen intellectual property laws at the same time current law is being challenged in court. The complaint against Google may be read here.  Visit the main Graphic Artists Guild website here.

President Bush signed the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act) on October 13, 2008 in an effort to bolster U.S. intellectual property law. Although the act has many welcome changes within its provisions, such as an executive-level intellectual property enforcement coordinator, it also has several weaknesses from the perspective of visual creators.

The Graphic Artists Guild responded to a request from Ms. Victoria A Espinel, U.S. Intellectual Property Coordinator, for input regarding the enforcement and strengthening of United State Intellectual Property law.  The Guild’s response to the input request for the PRO-IP Act can be read here.

The notice below is being circulated by the Copyright Alliance. The Graphic Artists Guild is a member of the Alliance, and we encourage our members and artists everywhere to speak up in defense of strong copyright protection and a vibrant creative community.

Dear Copyright Advocates,

The Obama Administration is asking to hear from YOU, the creative backbone of our country, about how intellectual property infringement affects YOUR livelihood. The Administration is also seeking advice on what the government could be doing to better protect the rights of artists and creators in our country. HERE’S A CHANCE FOR YOU TO BE HEARD!

BACKGROUND:
Last year President Obama appointed and the U.S. Senate confirmed Victoria Espinel to be the first U.S. Intellectual Property Enforcement Coordinator. Her job is “to help protect the creativity of the American public” by coordinating with all the federal agencies that fight the infringement of intellectual property, which includes creating and selling counterfeit goods; pirating video games, music, and books; and infringing upon the many other creative works that are produced by artists in this country.

As you know, the unauthorized copying, sale, and distribution of artists’ intellectual property directly impact the ability of artists and creators to control the use of their own creativity, not to mention their ability to receive income they have earned from their labor. This impacts U.S. employment and the economy, and our ability to globally compete.

As required by an Act of Congress (The PRO-IP Act of 2008), Ms. Espinel and her White House team are preparing a Joint Strategic Plan that will include YOUR FEEDBACK on the costs and risks that intellectual property infringement has on the American public.

Here’s how to make yourself heard!

1. Send an email to Ms. Espinel and the Obama Administration: intellectualproperty@omb.eop.gov and copy the Copyright Alliance on your email: info@copyrightalliance.org

2. Begin your letter with “The Copyright Alliance has informed me of this welcome invitation from the Obama Administration to share my thoughts on my rights as a creator.”

3. Include in your email: your story, why intellectual property rights are important to you, how piracy and infringement affect you, and what the U.S. government can do to better protect the rights of creative Americans.

4. Also include in your email: your name, city, state, and what type of artist you are.

5. DO NOT include any personal or private information as all comments will be posted publically on the White House website.

All comments must be submitted by Wednesday, March 24 by 5:00 p.m. EST. To read the entire call for comments, click here.

Don’t be shy! Take two minutes today to make your voice heard, and don’t forget to spread the word to everyone you know. Forward this notice using this short URL - http://bit.ly/cjDZJt - by email, MySpace, Facebook, Twitter, and more!

Best,
Lucinda Dugger

P.S. If you received this email from a friend, and you are interested in receiving more information about how you can speak up for your rights, sign up for our network of Copyright Advocates.

Citing too much information to digest, Judge Chin told a packed courtroom (actually two courtrooms - there was what was called an “overflow room” where people watched the proceedings on a monitor) that he would not rule yesterday on the fairness of the amended Google Settlement. He indicated that he would write an opinion, that he has an open mind and would listen to both sides of the argument as well as the US Department of Justice and both parties in the case.

Only five parties spoke in support of the settlement, mostly citing cultural and public welfare arguments, i.e., a thriving public culture needs access to copyrighted works, preservation of books in danger of being lost to time and age, etc.

More than 25 objectors took to the podium after the supporters spoke and covered, in some cases repeatedly, issues like privacy concerns about the information that Google would collect and ultimately use for their own end, the fact that Google violated current copyright law, and the problems with an opt out versus an opt in system on whether or not you were part of the settlement. These objectors included class members, foreign countries, lawyers, a consumer watchdog group, Amazon, and Microsoft.

The Guild from the very beginning has always considered Google scanning the books in question to be copyright infringement since they never sought permission from any of the rights holders prior to scanning. Google’s actions, along with the libraries that allowed the scanning, show a total disregard for creators’ rights and would create dangerous precedent if not challenged by the creative community.  We hope the judge understands the very real concerns raised at the fairness hearing and does the right thing.

The Site for News About Copyright Infringement

Welcome to All Things Copyright.  This site was formerly known as Orphan Works News, but it became clear to us at the Guild that a more formidable website was needed to address all types of challenges to copyright law.  Artists and creatives everywhere are facing unique tests to their copyright ownership in the digital era, and this site has expanded its mission to address all the issues we face.

The latest dispute involved a website incredibly named Pilfered Magazine that openly stole and displayed visual art without permission of any kind.  The name of the digital publication bragged of the theft and taunted the creative community.  The alleged “creative director” and self-appointed “Robin Hood” for the masses argued that his unabashed theft of some 50 images was in service of “web democracy.” (See post at Copyright Alliance for more information).

The idea that creative work should be made available to the public at large without any payment or credit for the creator is growing at an alarming rate.  This is where the war for creative integrity must be fought, and it can’t be limited to a single battleground.  Large sectors of the public believe in a utopian vision in which they are enriched by the beauty of art, literature and music free of charge while the creators are impoverished.  Such a model is unsustainable of course, but that won’t stop others from trying.

We’re pleased to report that Pilfered Magazine has been taken down, but ours is an era in which we can expect to see more of the same very soon.

That’s why All Things Copyright will be here.  We’re here to inform creatives of the latest issues and threats to their rights.  We’re here to inform the general public about how copyright works and why they should support it to provide market incentive for artists.  We’re here to protect an industry that has been an inspiration to every generation of humanity and to ensure it remains for generations yet to come.

Happy Holidays from the Graphic Artists Guild.

We know 2009 was a crazy and demanding year and we’re glad to see it come to a close. One good note is that Orphan Works did not make an appearance. We’ll be back in 2010 with updates and information as it becomes available.

On behalf of the Graphic Artists Guild, have a wonderful holiday and may the New Year bring much joy and many blessings to you and yours.

All the Best,

Tricia McKiernan
Executive Director

There have been a number of accounts on the Internet and elsewhere reporting that passage of Orphan Works (OW) legislation is imminent. The Guild’s contacts on the Hill are extensive and constant. We have been assured by Congressional staff that no OW bill is imminent, nor is it expected in the near future. We will continue to monitor the situation and keep you posted.

Copyright Supporters Losing Badly 

The website Economist.com is featuring a debate about the virtues, or lack thereof, regarding copyright law.  The most alarming part of the matter is that supporters of copyright protection are currently losing badly.  Let’s change that right now. 

We’re encouraging the entire artistic community to visit the Economist site and vote on this vital issue that protects our economic interests.  Vote against the stated motion on the site that says, “This house believes that existing copyright laws do more harm than good.” 

Please also read the comments of moderator Kenneth Cukier, copyright opponent Professor William Fisher, and copyright supporter Professor Justin Hughes.  The Guild urges all artists to support Professor Hughes’ viewpoint with professional and insightful comments in addition to voting against the proposed idea about copyright being harmful. 

This is an excellent opportunity for our community to reach out to the readers of the Economist who are interested in business and world affairs issues. Tell them ours is a profession of value, and we will defend it with practical and actionable business positions. 

Please visit the Economist site now to vote and comment responsibly.