All Things Copyright

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.

Blog Post at Copyright Alliance Underscores Importance of Defending Copyright 

Patrick Ross wrote a great piece at the Copyright Alliance blog about his artist daughter and her possible future career.  His main concern is that she always retains the right to do with her work as she desires, and we couldn’t agree more.

Ross is the Executive Director of the Copyright Alliance.  The Graphic Artists Guild is a member of the Copyright Alliance, an organization that’s dedicated to the value of copyright as an agent for creativity, jobs and growth.

As Ross points out, no one is entitled to make a living as an artist.  Only talent and perseverance will make that a reality in today’s marketplace.  But regardless of talent level or professional status, no one has the right to take the work of another without permission or proper compensation.

Ross encouraged his daughter to study English, because liberal arts schools evaluate students’ performance in the subject as a primary consideration for admissions.  That might be true, but today’s artist needs a solid background in business as well.  The realities of the marketplace demand a pragmatic approach to our profession more than ever before.

Copyright is one of our most valuable tools.  There’s little question about that, but its power lies in our individual and collective ability to properly defend it.  In a world awash in images, taking tighter control of our own property is a necessity.

The digital age is both a blessing and a curse bringing many challenges and opportunities.  It’s easier to find prospects, but competition is fiercer than ever.  Software simplified our work and expanded our creativity, but those same tools are often in the hands of those with little talent and people seeking lower fees.  Displaying our work to large audiences is more efficient, but it makes us equally vulnerable to theft. 

Most of us know that every advance of the digital age requires artists to be smarter, more vigilant and keener professionals.  As Mr. Ross’ daughter ventures out into the world of artistic commerce today, she must be cognizant that ours is a profession in a state of constant change from both sides of the coin - technologically and culturally.

That’s why all artists must stand behind their own copyright just as Mr. Ross, the Guild and thousands of others have done for decades.  Copyright is an active possession - not a passive one.

Thank you Mr. Ross for being an active copyright defender, a lesson your daughter has undoubtedly taken to heart. 

Boucher Named Chair of the House Energy and Commerce Subcommittee on Communications, Technology and the Internet 

Representative Rick Boucher (D-VA) was named chair of the U.S. House Energy and Commerce Committee’s Subcommittee on Communications, Technology and the Internet on January 8.  While we don’t know what impact this appointment will have for the creative community, Boucher has repeatedly sought copyright reform to the detriment of rights owners.

Boucher sought to reduce anti-duplication protections in the Digital Millennium Copyright Act, and wrote a column in CNet defending the right of users, primarily consumers, to make limited copies of copyrighted material as a critical element of exercising their First Amendment rights.

Most recently, Boucher introduced the Freedom And Innovation Revitalizing U.S. Entrepreneurship Act of 2007 (also called the FAIR USE Act of 2007 - not to be confused with the fair use section of the copyright law) with John Doolittle (R-CA) that would have allowed consumers to circumvent digital locks on media and limited statutory damages against individuals and firms that engaged in contributory infringement, inducement of infringement, vicarious liability and indirect infringement.

As always, the Guild will keep you informed of any further developments.

The year is winding down and so is this Congressional session.  Megan Gray, the Guild’s lobbyist, continued having meetings with key House and Senate offices and the different industries and associations that are part of the long list of Orphan Works stakeholders. These meetings continued our efforts to advocate on behalf of artists’ interests and to educate key people about the graphic arts industry and its vital role in the US economy.

We all know that the Senate version of the bill, which the Guild opposed, passed in September, but we were able to block the passage of that version in the House because of our insistence on a Notice of Use clause and the strategic decision on our part to back the House version based on the Notice of Use clause. We know that not everyone understands that decision, but if we had not done that, the Senate bill would have likely swept through the House with as little opposition as it encountered in the Senate itself.

As this session of Congress wound down, the House bill seemed to have stalled. The reasons for this are varied, including a preoccupation with the economic crisis the country is facing, and the fact that two other key stakeholders, both of whom are strongly in favor of the basic contours of the bill as it stands, have recently butted heads over a provision in the bill that doesn’t really affect visual artists one way or another. At the moment, this works in our favor. Read more …

Legislation Has Three Possible Outcomes

House Judiciary Chairman John Conyers, Jr. (D-MI) announced on November 12 the abolishment of the Subcommittee on Courts, the Internet and Intellectual Property.  Among the legislation the subcommittee was pursuing is Orphan Works (OW).   See original CongressDaily article here.

The move opens up almost any possibility for the future of OW except one - some law will most certainly pass.  The remainder of the potential outcomes fall into one of three categories: 

1. H.R. 5889 that includes the exclusion of useful articles and the Notice of Use provisions could pass in the House.  A reconciliation process between Senate-approved S. 2913 and H.R. 5889 would then take place prior to the bill being sent to the President to become law. 

 

2. S. 2913 could be pushed through the House to become law as it is without any Notice of Use clause.  

 

3. An entirely new bill could be crafted in the next Congress.  This is the worst of the three prospects, because many outside interests oppose the provisions the Guild fought to get into the law. If those provisions are stripped out, the law will be far worse for artists of all types.  This is precisely why the Guild felt compelled to support H.R. 5889 earlier this year. 

OW will not die or be permanently defeated.  It has been reintroduced five times during the last three Congressional sessions, and there’s absolutely no reason to believe the 111^th Congress will be any different.  The interests behind the legislation will continue their pursuit of the matter as they have during the past six years.  The pro-OW parties include: 

• American Association of Museums
• American Library Association
• Association of American Publishers
• Association of American Universities
• Library of Congress
• Copyright Office
• Motion Picture Association of America
• Public Knowledge
• Recording Industry Association of America 

The period between November 17 when Congress is scheduled to reconvene and the new Congress in 2009 is known as a “lame duck” session.  Most believe the majority of effort during this term will be spent on the economic crisis, but it’s possible that one of the first two prospects listed above could pushed through during the session.  All three of the itemized possibilities are in play during the next session.

Our lobbyist, Megan E. Gray, is working Capitol Hill for us now to get a better read on the situation.  If there is significant, confirmed news during the lame duck session, we will apprise our members of the situation.  If the legislation is still pending when the new session of Congress convenes in 2009, the Guild will be there in force to work for the best possible outcome.

We strongly urge our members to resist the temptation to claim victory and turn their attention away from this crucial law for our profession.  Such an idea is not only false, it also risks taking the pressure off lawmakers, which could give them the room to pass a more damaging law to our interests.  Remain engaged in this issue. 

The Guild will continue the fight on Capitol Hill   We need artists to be unified and involved in the process.

Our Response

The Orphan Works legislation has stirred up a storm of emotion, and the letter that follows is just one of many we’ve received.

Please read the entirety of the letter we received and our response by following this link.  Read more …