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Imaginary and Glorious new Orphaned works Bill

Journal Entry: Sat Apr 12, 2008, 3:10 PM
It seems that the USA has decided to help out art theft by planning to introduce the "Orphaned Works Bill".
I've already got about 150 notes already telling me to write something about the issue, so here I am. So, instead of writing me more notes- post responses in this journal. I've got about 100 different articles and journals talking about the bill... however I don't actually see the bill itself (since it's not released to the public or displayed anywhere).... so lets call it "Imaginary" for now and using all the information gathered, lets imagine what it's about and what will happen once it's out:

This is apparently a bill that is in plans to be passed this summer in the USA.
Basically, it's about ability to Google artworks, take them and sell them, if you "can't find an owner".

This bill does NOT legalize art theft. It merely MIGHT give art thieves a new type of defense in court outlined in...
This Imaginary example, in the imaginary world of teh future:
Person A steals your artwork and makes 10'000 dollars off it. You sue them. They claim that they found the work on Google and it had no signature.
This is all because some random idiot B decided to crop your signature out and post your artwork on their blog.
Person A tries to contact blogger B, but blogger B forever abandoned his blog, changed his email and went to join myspace instead, died horribly from myspace-itis and therefore he can't be reached.
Person A says that he did years and years of research and couldn't find the original artist, therefore he can't be blamed.
You lose the case and get nothing except for massive legal fees that you have to pay your lawyer for fighting person A.





It's all VERY theoretical- and will be decided in real life once this bill is passed and such a defense is actually used in court.


Another theory that jumps out of this bill is that companies will spring up all over USA that will scam poor gullible artists into "copyright protection", by registering their work. Many of these companies are "predicted" to fail, not actually protect your art, and take your money with them to the grave.



MORE imaginary problems that MIGHT spawn once the bill is passed:
It's rather easy to remove signature/watermark from your artwork and claim that as an orphaned piece.
People have done that already! I had to go and beat an apology and mah credit out of them.
Currently there's about 10'000 copies of my artworks floating on the internet- in many of them my signature was either cropped out, removed or somebody else's logo pasted over them. Do you expect me to run around after EVERY website?
Especially massive websites like imageshack, Flickr [link] , Photobucket where people post my art under the pretense of sharing, not reading any agreements that they shouldn't post work that doesn't belong to them or edit it?

Just take a look at these websites found this week by my fans:
[link]
(this website credited me in Russian only and pasted their logo over my signature in some paintings)

[link]
(this website gives my image out as cellphone wallpapers without even crediting me)

-----

Main problem with this issue is that the bill isn't out yet for us to read and all the bad and good sides that stem from it as just theories.
So we're merely fighting theories that might occur in a foreseeable future.

!!!!!!!!!!!!!!!!!!!!!!!!!!


To confirm and add to a thousand rants:
We have to wait until the bill is released to the public to be 100% certain about it.
We do not have an actual bill, except for the 2005 version if it, which was rejected back then.


!!!!!!!!!!!!!!!!!!!!!!!!!!

If u do wish to inform zee world the bill:
Write your own journal about it, with linkage to here.



So far we have 3 parties formed on the interwebz, represented by following emoticons for clarity:
:angered: , :heart: and :confused:


1) :fork: I HATE THAT idiotic bill:
(audio broadcast)
[link]

2) :blowkiss: I LOVE the bill, because it is awesome:
[link]

3) :invisible: The bill does not exist, it's all in your minds people:
[link]

Who will you join?

Knowledge is power. However- whether any argument is correct we shall know once the 2008 bill is actually released to the public.
(This journal updated further as more information comes in via internet highways.)

~~~~~~~~~
On an unrelated note, feel free to join mah awesome contest and win subscriptionz:
[link]

Devious Comments

love 0 0 joy 0 0 wow 1 1 mad 17 17 sad 0 0 fear 0 0 neutral 1 1

*Underoathboy777:iconUnderoathboy777: Apr 12, 2008, 1:45:40 PM
Bahahaha... the images on this journal made me LOL.

I'll have to see about finding my area's senator..

--
"Quotes are overrated." -Me
~Brought2youby:iconBrought2youby: Apr 12, 2008, 1:46:42 PM
So, basically, there are no benefits for us, just a signature for people to crop out and for others to take?

--
"I don't think this is a real plane crash, because I just happened to notice I'm not wearing any pants." ~ADAM SAVAGE.
Vulgar from the *PendeoClub
Kid "Atlas" Vega from *Elysian-Academy
~JasonDaath:iconJasonDaath: Apr 12, 2008, 1:46:49 PM Mood: Outraged
Oh, I just love this. 'Cause definitely, what we need to do is make art something only rich people can do.

Lord knows there isn't enough stuff that only people with money can do in this world.

--
There is none so callous and unfeeling as an optimist, for the optimistic mindset is the mindset that will point out to a grieving father that at least he need not spend money to feed his child any longer.
~Lotay:iconLotay: Apr 12, 2008, 1:47:56 PM
Despite the fact that it is proposed in the states, and a company or person could steal out of country work and bring it in, the domino effect will takeover if legalized, so in essence all artists, not just ones from the states are screwed if this passes; either from the domino effect or other countries following suit with the states. One example, the one I'm in, as well as you Alex, Canada, let me just put this way: we are viewed by some as America Junior for a reason.

--
...It starts with one and multiplies til you can taste the sun and burnt by the sky you try to take it from. - M. Shinoda...
:noes:Please Visit My Celestial Gallery:noes:
~huskies5565:iconhuskies5565: Apr 12, 2008, 1:48:30 PM Mood: Anger
This is why America will eventually fall... I can't believe their might actually let this happen!!!
~MewOfTheClouds:iconMewOfTheClouds: Apr 12, 2008, 1:48:39 PM
And once again, people are finding even more dumbass ways to cheat other people. :<

--
“Any idiot can face a crisis, it is this day-to-day living that wears you out.” Anton Chekhov
=alexiuss:iconalexiuss: Apr 12, 2008, 1:51:38 PM
there is a benefit in it for you only if you want stock.

A) you google a painting of a man
B) you do research and find that the original artist died from a very fatal decease.
c) you take the artwork, re-paint it and sell it, without crediting anyone

--
See my gallery...
Or I shall eat your brain...
With a rusty spoon forged from forks and nails of the ancients...
[link]
*SophiaDragonMaster:iconSophiaDragonMaster: Apr 12, 2008, 1:51:54 PM
That bill is just gah...pure madness. I'm not in the USA, but it's still annoys me to no ends.

I hate art thieves and now people are giving them new types of defense.
I'll write a journal 'bout it and put a link to here.

--
I am a proud rebel clone~

99.8% of anime fans are obsessing over Naruto. If you are the last few of the clan who can think up three better animes than this, paste this on your signature.

All hail our Dread father!
=alexiuss:iconalexiuss: Apr 12, 2008, 1:52:11 PM
sure go for it. well... first it'd be nice to actually SEE the bill.
what we have now are just fragments of it.

--
See my gallery...
Or I shall eat your brain...
With a rusty spoon forged from forks and nails of the ancients...
[link]