Orphan Works Act of 2008

Last week the Senate passed the Orphan Works Act by sneaking it through while news media and congress were more concerned with our recent economic crisis. This means that the House of Representatives must now pass the act for it to become law which will limit or do away with the rights of artists to own their own work in the United States. If you have the money to protect yourself, you may survive; but it is more likely that those with money will now have a legal way to take what is yours.

The creative freedom, which the Internet has spawned, will be altered forever. An artist will no longer be able to safely use the Internet to display any personal work, without the fear of losing ownership rights to that work. Check here for updates. Here is a link to several informative sites.

I personally plan not to vote for anyone in congress who has either voted for or did not bother to vote against this bill. This includes any Senator running for president. I need to check the records; but I have a strong intuition that I may not be voting in this year's presidential election.

The Monster that is the Orphan Works Bill

Your rights as an artist to your creations may be going down the toilet.

The Orphan Works Bill is still hanging around congress and may be slated for a quick passage, before anyone knows what has happened. 

Drop over to Tom Richmond's blog for an update.

Orphan Works Act of 2008

Here is a response by Senator Barbara Boxer's office to my letter about the Orphan Works Act. It almost sounds like she is trying to distance herself from any responsibility in the matter.


Dear Mr. Kwiat:

Thank you for contacting me regarding S.2913, the Shawn Bentley Orphan Works Act of 2008. I appreciate hearing from you on this issue.

As you may know, "orphan works" are typically defined as copyrighted works whose owner cannot be found. S.2913 seeks to limit damages in copyright infringement cases for users exhibiting orphan works.

This legislation is currently being considered by the Senate Judiciary Committee, of which I am not a member. Rest assured, I will keep your views in mind should S.2913 come to the Senate floor.

Again, thank you for writing to me. Please feel free to contact me again about any issue of importance to you.

Barbara Boxer
United States Senator

Please visit my website at http://boxer.senate.gov

Orphan Works Act of 2008

Here is a response to my letter to my congress members from California Senator Dianne Feinstein's office. It is noncommittal and vague. Is she more interested in the industry or the artists? Who is to decide what "…the protection they deserve." is? This is not an encouraging note of support to creators.


Dear Mr. Kwiat:

Thank you for writing to me about orphan works copyright legislation. I appreciate hearing from you.

America's copyright industry is one of our most important economic engines, and giving artists the incentive to produce their works is vital to our country. As I am sure you know, the creative process is so important that our Founding Fathers put copyright protection into the U.S. Constitution. That is why I feel so strongly that we must continue to give copyrighted works the protection they deserve.

I understand your concerns regarding the status of orphan works, and I believe that all artists should be able to maintain their right to be compensated for their hard work. Please know that if the Senate considers legislation that affects orphan works I will be sure to keep your thoughts and concerns in mind.

Again, thank you for writing. If you should have any further comments or questions, please do not hesitate to contact my Washington, DC staff at (202) 224-3841 or http://feinstein.senate.gov.

Sincerely yours,

Dianne Feinstein
United States Senator

Oppose the Orphan Works Act of 2008

Congress is once again getting ready to vote on a new version of the Orphan Works Act. It is a change to the US copyright law that could allow artists, illustrators, photographers, and any creative individual to loose ownership of their work.

At DRAWN! blog you will find a post which has links to the text of the bill itself and some other information about what you can do to help.