Orphan Works
Orphan Works 2008Commentary and Updates
A Brief History of Orphan Works
It started in January 2006 when the U.S. Copyright Office presented their Report to Congress. ...moreWhy Visual Works are Vulnerable to being Orphaned
Orphan Works legislation comes at a time when there is already daunting pressure on artists, as copyright holders, to protect their intellectual property due to the digitization and online distribution of their images. ...moreMoving Toward an Orphan Works Bill that Better Protects our Copyrights
Several new elements seek to minimize the potential abuse of Orphan Works exemptions but they fall short of addressing the issues this legislation creates. ...moreSAA Recommendations to Congress
SAA urges Congress to consider these specific recommendations. ...moreResources & Links
Other resources help to further explain the issues and offer a range of perspectives. ...more
Making your Voice Heard
Orphan Works legislation will impact all artists worldwide, directly or indirectly, so regardless of where you live, you should communicate your concern. SAA and other associations have posted resources to help make your voice heard. ...more
November 2008
No Orphan Works Bill for 2008
Despite some last minute pushes to move the Bill forward, the congressional term ended with no Orphan Works legislation passed. This is not the end, as we fully expect Orphan Works to reappear in the near future.
September 27, 2008
Bill Passes Senate; House Expected to Follow
We've now learned that the Senate bill was passed. It is troubling indeed that this legislation was pushed through in this manner, the last day of the Congressional term. As our colleagues at the Advertising Photographers of America (APA) have declared, in their email alert: "Passing controversial legislation by this process, i.e. under the radar, is deeply troubling to say the least and every Senator needs to be held accountable."
We now need to turn our attention to the House. Contact your Representative and urge them to stop the House Judiciary Committee from folding their own bill (HR5889) and moving to adopt the Senate version.
July 18, 2008
Amendments Proposed by Three Artists Groups Now Broadly Endorsed by Associations Worldwide
In April, three leading artists advocacy groups prsented a set of Amendments to the Congressional committees who are drafting Orpahan Works bills that, if adopted, would greatly improve this legislation. Since then, many fellow associastions have writen to Congress to endorse these Amendments. Read the Amendments here
July 16, 2008
Leading Photo Associations Urge Congress
to Amend Legislation
A growing chorus of concern, even outrage, about the current Orphan Works legislation demonstrates the importance of this issue for most photographers and other visual artists.
Meantime, representatives from organizations that include the largest share of U.S. advertising, editorial and stock photographers have been meeting with members of Congress and key staff. Their discussions have focused on seeking solutions for the problems of unidentified creative works and missing creators, while preserving constitutional protections for intellectual property.
SAA, along with the Advertising Photographers of America (APA), the National Press Photographers Association (NPPA) and Editorial Photographers (EP) have all stated we cannot support the Orphan Works bills in their current form. Together, these groups represent more professional media photographers than other U.S. organizations.
In recent months, representatives from APA and NPPA have met with members of Congress and legislative staff to express their concerns regarding Orphan Works bills S2913 and HR5889. The photographers' representatives offered potential solutions for limiting the legislation to works that are truly "orphaned," for non-commercial use by the cultural heritage sector - particularly non-profit libraries, museums and archives.
The associations stressed the legislation must not violate international trade agreements or cause harm to existing commercial markets. Also, a well-crafted bill can and should maintain the rights of working artists as they exist under current copyright law.
International photographer groups have also expressed their opposition to the orphan works legislation in its current form. Among those groups are the UK's Association of Photographers (AOP), FreeLens, Union des Photographes Créateurs (UPC), and the Canadian Association of Photographers and Illustrators in Communications (CAPIC).
Very vocal in their opposition are groups collectively representing more than a quarter-million visual artists and other creators, including leading associations in North America and Europe. More than 60 groups have endorsed an online resource, created by the Illustrator's Partnership, that facilitates sending opposition messages to Congress. These groups comprise a broad community of creators, including illustrators, fine artists, graphic artists, digital artists, cartoonists and musicians. To date, more than 100,000 artists have used this resource to contact their senators, representatives and Judiciary Committee members.
This coalition of artists groups agrees Orphan Works legislation must be narrowly crafted to serve the needs of the cultural heritage users for whom it was originally conceived - giving them access to truly orphaned works - while protecting the copyrights and livelihoods of artists.
May 1, 2008
Commentary by the Stock Artists Alliance
Orphan Works is back. Last month, the U.S. Congress held Hearings, making clear that the wheels were again in motion. Last week, it became official when new versions of the Orphan Works Act of 2008 were introduced by both the House and Senate.
SAA has published this document to provide an information resource for artists and other members of the visual arts community who will be affected by this legislation, sharing our perspective as the only association dedicated to the interests of professional photographers involved in stock image licensing.
We also seek to provide constructive input to the Congressional committees who are developing this legislation. We believe that there is an opportunity to build on the new ideas put forth by its drafters, in a way that balances the needs of the users whom they are trying to serve with the interests of the copyright holders whom they must continue to protect.
Otherwise, we again risk passage of legislation that will threaten copyright protections and the livelihoods of independent creators.
Following are summaries and links to each section:
A Brief History of Orphan Works
It started in January 2006 when the U.S. Copyright Office presented their Report to Congress. ...moreWhy Visual Works are Vulnerable to being Orphaned
Orphan Works legislation comes at a time when there is already daunting pressure on artists, as copyright holders, to protect their intellectual property due to the digitization and online distribution of their images. ...moreMoving Toward an Orphan Works Bill that Better Protects our Copyrights
Several new elements seek to minimize the potential abuse of Orphan Works exemptions but they fall short of addressing the issues this legislation creates. ...moreSAA Recommendations to Congress
Resources & Links
SAA urges Congress to consider these specific recommendations. ...more
Other resources help to further explain the issues and offer a range of perspectives. ...more
