Thursday, October 09, 2008
Artist Walter King sounds a call against the legislation in the House in his Absolute Arts blog:
Orphan Works Act 2008 - To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.
This bill would limit the amount of damages a copyright holder could collect from an infringer if the infringer performed a diligent search for the copyright holder before using their work. The goal of the legislation is to free up for reuse copyrighted works whose holders cannot be found. It would also set up a process for the Copyright Office to certify commercially-produced visual registries to help people locate the holder of a copyright and prevent the orphaning of works in the future.
An article in Art Print Issues: Orphan Works Act 2008 - Artists' Rights Under Fire?. It summarizes the controversy and provides numerous sources for differing viewpoints.