Congress Considers Reform On Orphaned Works

I Don't Believe in Imaginary Property writes "Bills have been introduced in both the House and the Senate to liberalize copyright law in the case of orphaned works. The almost-identical bills would limit the penalties for infringement in cases where the copyright holder could no longer be identified. The idea is that one could declare their intent to use the work with the Copyright Office and if the copyright holder didn't care to respond, they would only be able to get 'reasonable compensation' instead of excessive statutory penalties. Public Knowledge has more details on the bills."

Comments

Reasonable Compensation

[dreamchaser]

I did RTFA but I haven't yet read the text of the two bills (I'll get to it, I read a lot of bills...yeah I know, get a life). I would love to know what 'reasonable compensation' is. If the copyright holder cannot be found or doesn't exist, there should be no compensation if suddenly 10 years later someone who was once a member of the company that once held the copyright shows up and says give me money.

Re:Reasonable Compensation

[yroJJory]

The "reasonable compensation" argument is simply window dressing. What this bill is really about is making copyright registration mandatory if you want to ever get paid for your works. Currently, all creations are copyright the moment they are completed. Registration is optional, but helps in seeking legal actions against infringers.

Re:Reasonable Compensation

[shmlco]

Putting on my tinfoil hat, why do I suspect that the big media companies have more to gain from this than anyone else? "Well, your Honor, we made a reasonable effort to find the author, couldn't do so... and then we made the movie."

The flaw is internet anonymization.

[davolfman]

This has been discussed many places and the consensus is that it severely weakens private copyright. With this an artist who shows work low-res online could be anonymized by someone else grabbing the work to post on a forum or the like. This breaks the chain and makes the artist impossible to track. This isn't a problem if you're the RIAA or other MAFIAA as your spy network will catch it for you, but for the little guy, such as ever private artist and photographer out there this is total murder.

When you think about it this has mostly just been produced as a bandaid to allow things like archiving to occur in the absence of a strong public domain and working fair use.

Re:Orphaned work you say ?

[quanticle]

No. This means that when the members of the RIAA/MPAA/BSA want to use someone else's work, they only have to show that they "couldn't identify" the copyright holder, and so can use work while paying only a token penalty. Basically, now a small copyright holder has to undertake the same sort of monitoring as a large record studio. Otherwise they risk having their work appropriated by larger corporation.