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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 03 Jun 2008 (Tuesday) 18:24
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THIS IS THE MOST IMPORTANT THING FOR YOU TO READ!!!!

 
Cougar548
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Jun 03, 2008 18:24 |  #1

Everyone, I don't know if this has been posted yet, if it has then I'm just helping the cause. If any of you have EVER taken a picture (and here that should be all of us), we all need to be concerned about this. Please read this article!

http://mag.awn.com …ne&article_no=3​605&page=1 (external link)

I highly recommend that all of you contact your representatives about this. Here is where you can contact any elected official:

http://www.usa.gov/Con​tact/Elected.shtml (external link)

Please pass all this along to anyone you know. We have to protect our rights!




  
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sapearl
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Jun 03, 2008 18:49 |  #2

Interesting, my Intranet security settings got very upset when I tried to access that first link. I'll have to disable security to look at it - any idea why that is?


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bbeck4x4
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Jun 03, 2008 18:56 |  #3

it is not a valid page here, it is dumping me to one of those "you typed the name wrong" web sites.


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sapearl
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Jun 03, 2008 19:01 |  #4

Yup - that's one of the things I was getting. Hey couger, what's the deal with the link you provided... some sort of bogus site, or just a typo?;)


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musicmaster
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Jun 03, 2008 19:03 |  #5

Heres the proper link

http://mag.awn.com …ne&article_no=3​605&page=1 (external link)


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gjl711
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Jun 03, 2008 19:04 |  #6

I have a feeling is the orphaned image bill thats been tossed about for the last few years. Just a guess based on the dire warning.


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Cougar548
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Jun 03, 2008 19:05 as a reply to  @ musicmaster's post |  #7

Thanks musicmaster. Not sure what I did wrong...

I really hope everyone goes back to read the article now!




  
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gjl711
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Jun 03, 2008 19:07 |  #8

Hey, I was right, anyway, here is the full bill
http://www.publicknowl​edge.org/pdf/ow-act-2006.pdf (external link)


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mr_e
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Jun 03, 2008 20:44 |  #9

That article seems a bit sensationalist and a bit (read: lot) biased...

[Corbis and Getty Images] sell art and photos inexpensively and are trying to build giant royalty-free databases.

Do you know who owns Corbis? Bill Gates. He doesn't do anything unless it can make a huge amount of money.

Our government is NOW WORKING AGAINST US by allowing our own fellow citizens TO STEAL OUR CREATIVE WORKS.

And where are it's sources? It doesn't even cite the bill in question, I can only assume the one gfl711 linked is what the article is referencing.

After reading through the whole bill, I don't even know where he got this bit, aside from maybe out of his butt...

It gets even better. Anyone can submit images, including your images. They would then be excused from any liability for infringement (also known as THEFT) unless the legitimate rights owner (you) responds within a certain period of time to grant or deny permission to use your work.

The bill basically states that

1. You're not infringing if you tried to find the owner of the work, documented your attempt, and attributed the author in the work (if known)

2. Trying to find the owner does not mean simply pointing out there's no copyright notice on the work and calling it a day

3. At the minimum they must review the information maintained by the Register of Copyrights

4. They must also utilize expert assistance (if reasonably available) and available technology which may include resources which you have to pay for

5. If they did try, but couldn't find you, when you find out about it you can't sue for damages, but you can charge them reasonable compensation for the work (unless they're using it for charitable/religious/e​ducational purposes or they stop using it after receiving notice)


I'm not a lawyer, and I'm not saying I entirely agree with the bill, but it's not the end all to society's creativity as we know it like some of these articles are wanting us to believe


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EnronRocks
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Jun 03, 2008 21:39 |  #10

This is just like most blogs, full of useless information. It has no sources what so ever, nothing to pin point. I love how he opens the article trying to convince us that we need our art to make money, than SLAMS Bill Gates for trying to make money.

I think this would be a good idea personally. It would get all those people that throw pictures on the internet, and a company like Yahoo tries to use it, they sue them for millions. Same with Creative Commons licenses, all these bloggers throwing that stupid image on their site while they just copy and paste stories from other websites.


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gjl711
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Jun 03, 2008 22:21 |  #11

Did a bit more digging. It seems that this bill has been popping up a couple times now.
H.R. 5439 [109th]: Orphan Works Act of 2006 - was killed (the link I posted)
H.R. 6052 [109th]: Copyright Modernization Act of 2006 - also killed
H.R. 5889: Orphan Works Act of 2008 - just introduced

I'm hoping that this one too gets killed.


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sfaust
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Jun 03, 2008 22:21 |  #12

If you search for orphan works bill, and include any of the major photography associations you feel are respectible, you get a lot of good useful information. Its a real bill, and very bad for photographers. Yea, there are some sensationalism by some, but its because they are quite emotional about the bill.

Reading the whole bill will take a lot of time, and probably won't really get everyone to see the full ramifications of it. So instead, so see what the APA, ASMP, PPA, NAPA, EP, WPA, or any other association you feel comfortable with, and see what they are saying. Most have had the time to really understand the bill and made public their position. Most are against it because it is a severe loss of rights for photographers. There are so many better ways to address the problem rather than how the bill has addressed it.

If you haven't take the time to read up on it, you really should. Otherwise you'll be kicking yourself in the pants down the road while complaining about how ti happened.

If you skipped the next few evenings of reading about techniques, lighting, which tripod to buy, or what to charge, and instead took that time to read up on orphan works and wrote your representative, it will have a more significant impact on your photography and its earning potential in the future. If you ever plan on doing this as a business, you really need to take that time!


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