All Things Copyright

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.

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 the rest of this entry »

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.