An Orphan Works Update From The Illustrator's Partnership

Backers of the House version of the Orphan Works bill are now asking artists and photographers to oppose the Senate bill unless it’s amended to contain at least the “minimum provisions” that appear in the House version.

Although they don’t say so, opposing the Senate bill in this manner is a vote FOR the House bill.

We’ve been asked to explain why:
The Senate bill is similar to the bill we opposed in 2006. The House bill (H.R. 5889) is the result of a year and a half of closed door negotiations between Congress and representatives and lobbyists for special interest groups. These groups have agreed to either endorse the House bill or remain neutral to insure its passage.

The House bill endorses the concept of coerced “voluntary” registration with commercial databases and seeks to make these databases infringer-friendly.

• It would require infringers to file a simple “notice of use” before they infringe.

• It calls for an archive of the notices to be maintained by the Copyright Office or an approved third party.

Why do backers of the House bill want these databases to be infringer-friendly?
Because to thrive, commercial databases (registries) will have to do a robust business in rights-clearing and orphan certification. That means encouraging infringers to infringe.

How will these registries work? No details have been given, but experience with image banks suggests the following:

For unregistered work: infringers will use the registries to identify pictures that aren’t registered. Infringers will probably pay the registry a search fee, then use or market the “orphans” like royalty-free art.

For registered work: the registries will act as a kind of stock house: Users will go to them for one-stop shopping to clear rights to your pictures. The registry will probably charge you a commission when they do.

In other words, urging Congress to pass the House bill makes very little sense to us unless your business or organization expects to become a commercial registry. We believe the only way to oppose these bills is to oppose them both.

If you agree, now’s the time to write Congress or write again.

Tell Your Senators and Representative to Oppose the Orphan Works Act


Don't Let Congress Orphan Your Work!