Category: Orphan Works
An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder in order to license the work. This situation can arise for many reasons. The author could have never been publicly known because the work was published anonymously or the work may have never been traditionally published at all. The identity of the author could have been once known but the information lost over time. Even if the author is known, it may not be possible to determine who inherited the copyright and presently owns it. Nearly any work where a reasonable effort to locate the current copyright owner fails can be considered orphaned. However the designation is often used loosely and in some jurisdictions there is no legal definition at all. Compulsory license schemes, which would exclude orphaned works from copyright protections, have been considered by many governments in the recent past but are rarely acceptable under international copyright treaties.
News
Photographer Associations express concerns with Orphan Works bills S2913 and HR5889
For several years now the US Congress has been debating orphan works legislation which would allow publishers to use copyrighted works without a license in the event that it is difficult or impossible to identify and contact the copyright holder. As in recent years, organizations representing artists and copyright holders have made it clear that they cannot support this legislation in its current form. The Advertising Photographers of America (APA), the National Press Photographers Association (NPPA), the Stock Artists Alliance (SAA) and Editorial Photographers (EP) on behalf of their members are urging congress to change Orphan Works bills S2913 and HR5889 as they bad for copyright holders and inconsistent with international trade agreements.
News
PACA Orphan Search matches lost image to its creator in less than 60 minutes
In response to concerns about Orphan Works legislation and what qualifies as a “reasonable search” effort to identify the copyright owner for a particular work, the Picture Archive Council of America (PACA) has launched surprisingly low-tech solution to assist buyers in finding the creator of an orphaned image. All the buyer has to do is email the image to and a PACA staff member forwards the image to its entire list of members and affiliated associations. In a recent test this solution was able to locate the rightful owner of an image in less than 60 minutes.
EditorialsNews
The Stock Artists Alliance publishes Orphan Works 2008 Commentary
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.
News
Orphan Works bill dies (at least for now)
The American Society of Media Photographers (ASMP) is reporting on the demise of the Orphan Works bill (the Copyright Modernization Act of 2006, HR 6052) which appears to have died in committee. The bill was sponsored by Rep. Lamar Smith (R-TX) who announced that he was withdrawing the bill from consideration at that markup session, which is likely to be the last one this year. The bill was stopped due to strong opposition put forth by organizations like the SAA, ASMP, APA, IPA, PACA, and many others. In addition, Rep. Smith had tied the Orphan Works bill to a digital music licensing bill creating further opposition from the music industry.
FeaturesNews
Caricatures, orphan works, and the legacy of the Normans
Stefan Hartmann interviews Charles Swan
The English lawyer Charles Swan is considered one of Europe’s leading experts on the law relating to photography. After leaving the Simkins Partnership last year, he set up Swan Turton, a London based media law firm comprising twelve lawyers covering all areas of the media and entertainment sectors including music, film and TV, theatre, advertising, publishing, visual arts and photography.
Swan is also Chairman of the international lawyers’ association Adlaw International, which advises advertisers and agencies on cross-border advertising campaigns. He was the first non-photographer director of the Association of Photographers in the UK.
Features
More on Orphan Works
On March 14, 2006, the illustrators trade association, Illustrators Partnership of America (IPA,) submitted an eloquent assessment of the Orphan Works issue to the House Judiciary Subcommittee responsible for recommending revisions to Orphan Works legislation. As we have reported here, the new language under consideration severely compromises artists copyrights in works whose origin may become difficult to determine. Two artists, Brad Holland and Cynthia Turner, composed this text on behalf of IPA which provides a clear and detailed evaluation of the matter. In addition, IPA’s web-site has more articles about Orphan Works.
Features
PACA and ASMP leading the charge on Orphan Works
Nancy Wolff, Counsel to the Executive Committee of the Picture Archive Council of America (PACA) and Victor Perlman, General Counsel to the American Society of Media Photographers (ASMP,) have recently joined forces with other concerned parties to ensure that pending amendments to current legislation concerning “Orphan Works” (i.e., illustrations, photographs, paintings, etc. of unknown authorship) adequately protect photographers, illustrators and other artists, while also permitting proper use of works that truly have no attribution. The US Copyright Office has examined the issue and come up with recommended changes to Orphan Works legislation that Wolff and Perlman agree, as currently worded, place the authors of those works on weak legal footing. Congress will, ultimately consider enacting into law the recommended language from the Copyright Office. The attorneys from PACA, ASMP and other interested groups hope to convince Congress to change the language to strengthen the rights and remedies of the creators of Orphan Works. They address three essential issues covered by the proposed legislation:
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