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Nate Williams
Nate Williams is an illustrator based in Buenos Aires, Argentina

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ORPHAN WORKS INFORMATION

ORPHAN WORKS INFORMATION

Posted By: Nate Williams
March 22, 2006
Sponser: Rob Dunlavey

Orphan Works in a nutshell:

Basically, The Orphan Works Amendment to the US Copyright Law will protect users of copyrighted intellectual property when no clear of the work author can be found. Users are required to make a "diligent" search for the creator before they choose to use it. This amendment makes sense to many users of intellectual property who feel that copyright protections are too limiting on their ability to practice their business.

In the event that after the fact, a creator does come forward to assert their authorship, the responsibility will now be theirs to pursue legal action to end the infringement. In addition, the Orphan Works law would put a cap of $200.00 for compensation in these instances.

Why artists should care:

Under the new Orphan Works language, any work that is separated from its creator could become an orphan and will therefore be vulnerable. This separation can occur quite easily: many clients require that artists not sign their works and credits are often missing in magazines that print our work. In the digital environment where many of our works live in one form or another, credit is often left out accidentally or by design. If I were a business and I could get the right illustrations for $200 for my big-budget campaign, I think I might really like this new Orphan Works law!

What you can do:

Right now? Not much but get informed. The period of time for direct citizen input (i.e.: writing letters to your congress-persons) has concluded and the bill is being debated in the House Judiciary Subcommittee. When the subcommittee releases the language there may be additional opportunities to inform your representatives of your opinions.

Prepared by Rob Dunlavey 3/23/06
www.robd.com

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