Shop Mobile More Submit  Join Login
About Varied / Student ErinFemale/United States Recent Activity
Deviant for 5 Years
Needs Premium Membership
Statistics 417 Deviations 5,658 Comments 22,213 Pageviews

Newest Deviations

Favourites

Friends

Watchers

Reposted from TheArtFrog


Yes, it's real. This link takes you to the official document on the Copyright.gov site: copyright.gov/orphan/reports/o…

Foreword:
 
There was some confusion as to the authenticity of this legislation, but Brollonks brought it to my attention that this is indeed real, and provided links to the official government website that back this up. 

However we do not need to be afraid! As Homophones has brought to my attention, the "legislation" is actually just a "note of inquiry". That means that it is a hearing where comments and opinions are invited, but no rules have as yet been proposed. There is no bill yet... this is only one of multiple preliminary moves required by law before a bill can start to go through Congress. 

We are OKAY for now! Nothing will change yetbut it is still important to be vigilant and aware of such matters, as they could easily progress and become worse if we do nothing to stop them.
To view updates to the journal, please scroll to the bottom of this journal. 

Please read and +fav favourite this journal and feel free to leave a comment. This is still an issue that we need to raise awareness of.



Hello everyone on Deviantart. I am making this journal to address a very pressing matter, and to help raise awareness of a topic that I am, quite frankly, horrified that people aren't talking about more. Even the news seems mostly ignorant of such a serious issue. I am talking about new proposed copyright laws that basically mean your art is no longer protected since you make it.
It basically legalised copyright infringement, and may cost thousands, if not millions of artists their jobs.

The future of every artist, musician, songwriter, graphics artist, illustrator, designer, novel author, architect, indie-game maker, poet, photographer, and writer could be in grave danger. I fear that we may not even have a future anymore...

* * * * *

Without further adieu, I'll explain what this is about and what it means for artists.

As outlined by the below video, new legislation is going to be put in place by the US Congress to replace all existing copyright law. This would likely mean that these new laws would replace international copyright laws, so it affects artists throughout the world.

At the moment:
  • Any work you produce is protected by copyright since the time you made it. 
If/when this new legislation is allowed to pass:
  • You would have to register any works you want to protect including but not limited to photos, sketches, and paintings. This may cost money in registration fees as well, which most artists have a really tough time making and wouldn't be able to afford.
Professional artists rely on the sale of their work to make a living. Art is their job. It is what they do to stay alive, and it is very difficult. Many, many artists have to hold down a second or even third job just to afford basic living expenses. 

I, myself, am a student in art college. I have spent the last decade of my life (pretty much half my life) preparing to be a professional artist. In addition to this I have made my own music, created my own short animations and I am (slowly) writing my own book. They were intended as a sort of backup source of money should I not make enough with just my art alone. I was also planning on making money from my artwork through royalties in the future. Everything I do pretty much involves the creation of original works. If this legislation gets passed I won't have a future as an artist. In fact, I may not have a future.

This legislation means that it will be impossible to sustain a job as a fine artist if I have to register everything to keep copyright. I'll probably have to pay more money towards registration than some of the pieces I make would sell for. This kind of legislation is wrong. It is severely damaging for anyone whose job relies on the creation of intellectual property and original works.



What can you do to help?


As I said earlier, please +fav favourite this journal and leave a comment and help spread this journal to raise awareness of this concerning issue. 

You can GET INVOLVED TOO, by going to the description of this video, where there are numerous links that enable you to help out. 


This site also provides similar links and instructions on how to write a letter to the Copyright Office if you don't know how. ipaorphanworks.blogspot.ie/




* * * * *

Here are some more important links about the issue:

The Copyright Office Notice of Inquiry.



* * * * *

Lastly, I'd like to thank Punk-a-cat for posting a comment with a link to the video (below) on the The Art Theft Discussion journal. Without seeing you're comment, I wouldn't even be aware of this massive threat. Thanks for that! :) (Smile)




UPDATE 1: Great news! It looks like we're safe after all!!! 
"18 Jul 2015 — The act turned out to be nothing but a sham.People tried to get it passed two years ago,but it didn't even stand a chance,I believe that there were thoughts of trying again,but hopefully your support has shot that thought down,thank you for the support,however!You may rest assured that your art is safe!"
- Source: www.change.org/p/act-do-not-le…

What a relief!!! I think we're safe after all! Thank you everyone for your help! You're the best! 

And a massive thanks to scottrosenfeld who brought the above piece of news to my attention! It's nice to know that this legislation won't be passing anytime soon! :) (Smile) :squee: 



UPDATE 2: Very bad news! It turns out that the 'sham petition' could be the real sham and that this legislation actually does exist! :( (Sad)

Why would professional artists band together to warn about this legislation if it was fake? They must've seen evidence that it was real. In addition to this, to quote Brollonks : 
Nothing is over. Look at this: copyright.gov/ And from there, look at the left lower side. When you read the line "Recent Reports and Studies" click on the link underneath (or at the link in this comment, which is the same link you can find on the site). This is the actual thing, nothing is over! Everyone can read it themselves.
Here, a part within the text says:
Section 514(e) Copyright for Derivative Works and Compilations
If an infringer qualifies for limitations on remedies, he can still obtain copyright
protection for a derivative work or compilation that uses preexisting material in a manner that is
technically infringing under this section
And there we are with the limitations regarding infringers getting away with what they do without the artist's approval:
MONETARY RELIEF

(A)
GENERAL RULE
.

Subject to subparagraph (B), an award for
monetary relief (including actual damages, statutory damages,
costs, and
attorney’s
fees) may not be made other than an order
requiring the infringer to pay reasonable compensation to the
owner of the exclusive right under the infringed copyright for the
use of the infringed work.
(B)
FURTHER LIMITATIONS

An order requiring the infringer to
pay reasonable compensation for the use of the infringed work may
not be made under subparagraph (A) if the infringer is a nonprofit
educational institution, museum, library, archives, or a public
broadcasting entity (as defined in subsection (f) of section 118), or
any of such
entities’
employees acting within the scope of their
employment, and the infringer proves by a preponderance of the
evidence that

(i)
the infringement was performed without any purpose of
direct or indirect commercial advantage;
(ii)
the infringement was primarily educational, religious,
or charitable in nature; and
(iii)
after receiving a notice of claim of infringement, and
having an opportunity to conduct an expeditious good faith
investigation of the claim, the infringer promptly ceased the
infringement
June 4, 2015 - Orphan Works and Mass Digitization

IT TURNS OUT THAT THIS IS REAL AFTER ALL! :( (Sad)



UPDATE 3: Homophones has brought this to my attention, clearing up the issue once and for all! :D (Big Grin) To quote them:
There is no existing bill. A notice of inquiry only means that comments are open, but no rules are currently being considered. The reason people are banding together is because nobody actually has any idea what they're talking about.
The long version:
The links provided in www.io-home.org/home/newsarchi… do not actually show anything suggesting the existence of a bill--let alone one that is about to be passed. Regarding the PDF of that federal register, I checked the actual copyright office website and did not see congressional hearings scheduled or open rulemakings regarding this so-called Orphan Works Act.
What you see on the above site is a policy report, which, yes, has some nasty remedy suggestions, but no, is not a bill. Currently mass digitization (which is the only part relevant to us, as orphan works are completely unrelated) is an active policy study. But there is no proposed bill, certainly not one that is going through Congress next week.
What you are seeing scheduled is a notice of inquiry, which, if anybody actually did their research they would realize is a hearing where comments and opinions are invited, but no rules have as yet been proposed. There is no bill. And this is only one of multiple preliminary moves required by law before a bill can start to go through Congress.
In short: There is no "Orphan Works Act" out to strip us of our rights. Yes, send in your comments so they know that we don't want our control to be taken away, but also know that there is no bill about to be passed that would do so. Please calm down.

  • Mood: Euphoric
  • Watching: VanossGaming

deviantID

ShinyAquaBlueRibbon
Erin
Artist | Student | Varied
United States
I am a Christian artist who loves dinosaurs, fantasy, and telling stories through comics. I'm looking into getting a degree in art, and I went to Pre-College Perspectives at Ringling College of Art and Design in the summer of 2011. I'm also looking into video-game design.

Current Residence: Florida, USA
Interests

AdCast - Ads from the Community

Donate

ShinyAquaBlueRibbon has started a donation pool!
126 / 42
Yay, points. :icontrollfaceplz: Donate to the cause of the answer to life, the universe, and everything.

You must be logged in to donate.

Groups

Comments


Add a Comment:
 
:iconpinerain:
PineRain Featured By Owner Jul 18, 2015  Hobbyist General Artist
Ta da!
Moth Man 1 by PineRain
Reply
:iconpinerain:
PineRain Featured By Owner Edited Jul 17, 2015  Hobbyist General Artist
Whoa...why wasn't I watching you before?... It has been fixed! ;u;

Also, your comic has gotten me in a real Mothman mood. I may have to draw him now. XD
Reply
:iconshinyaquablueribbon:
ShinyAquaBlueRibbon Featured By Owner Jul 18, 2015  Student General Artist
Well now I'm going to be thinking about the Mothman comic for the next month. XD HOW DO YOU HAVE THIS ABILITYYYYY
Reply
:iconpinerain:
PineRain Featured By Owner Jul 18, 2015  Hobbyist General Artist
Haha that's awesome!
If this influences you to make more of the comic, I might have to draw fanart all the time. ;)
Reply
:iconshinyaquablueribbon:
ShinyAquaBlueRibbon Featured By Owner Jul 18, 2015  Student General Artist
Don't even tempt my narcissism like that, Piney. XD Just don't. 

Okay maybe a little. Because you already have.
Reply
(1 Reply)
:iconpaulweber:
PaulWeber Featured By Owner Jul 11, 2015  Hobbyist Photographer
Thanks for the favorites.
Reply
:iconshinyaquablueribbon:
ShinyAquaBlueRibbon Featured By Owner Jul 12, 2015  Student General Artist
You're welcome! Keep taking those awesome photos :)
Reply
:icondontknowwhattodraw94:
Dontknowwhattodraw94 Featured By Owner Jul 10, 2015  Hobbyist Traditional Artist
Thank you for the favorites :)
Reply
:iconshinyaquablueribbon:
ShinyAquaBlueRibbon Featured By Owner Jul 10, 2015  Student General Artist
^u^ No problem!~
Reply
:iconropen7789:
ropen7789 Featured By Owner Jul 9, 2015  Student General Artist
thx 4 faving :)
Reply
Add a Comment: