If you live in the United states, and you are an artist producing original works. You should know that as of yesterday, you are well and truly on your way to being fucked. Not fucked as in taken out to dinner and seduced and then having passionate sex with someone you find attractive, but fucked as in you dropped the soap in the shower in a bad prison movie.
You see, your representatives in the senate have decided that the protections afforded to artists under the current Copyright act are too restrictive. Apparently, they have been convinced that copyright law should be loosened so that "Orphaned Works" can be used without consequence. The scenario that the proponents of this legislation (see
[link]) like to bandy about is this: imagine you were to find at a yard sale a diary written by someone hiding in an attic in Holland during the Nazi occupation (yeah, the Diary of Anne Frank). According to "them", the way copyright law works now, you would not be able to use that to teach people about the evils of the holocaust.
This is bald faced crap. Current copyright law and legal precedents allow for the use of copyrighted material for fair use. This principle has been defined by courts over the past 30 or so years and is a recognized and understood concept. Thus this is a scenario that does not require any further legislation in order to make it happen.
What this bill does has nothing to do with educational uses. It lowers the bar for usage to making a "good faith" effort to find the copyright holder. Thus a porn producer or an extreme right wing nazi group can now use your work to promote their ideas if they make a "good faith" effort to find you and ask for your permission. Not only that, but once you find the person using your art, you then have to sue them to get them to stop using it. BUT WAIT! THERE"S MORE!! Once you sue them, and you prove that their good faith effort was not really in good faith, you are entitled only to "reasonable" compensation. You read that correctly, there are no longer punitive damages (currently up to $150,000) and you are no longer entitled to recoup any legal fees that you may have had to pay.
It is telling that the main backers of the bill are the major MPAA, Google, Corbis, and Getty. The MPAA members want to be able to use images and artwork in their movies, Google wants to be able to incorporate images into its mapping applications, and the stock image companies, well, to quote Rodney Dangerfield from
Back to School "... those guys aren't the Boy Scouts...". Lined up in opposition are the textile designers, photographers, and illustrators.
Time to go to find your senator (
[link]) or representative (
[link]) and write them a little note explaining how this will impact their constituents.