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.
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. ...more
Why 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. ...more
Moving 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. ...more
SAA Recommendations to Congress
SAA urges Congress to consider these specific recommendations. ...more
Resources & Links
Other resources help to further explain the issues and offer a range of perspectives. ...more
SAA’s Orphan Works 2008 commentary was prepared by: David Sanger, SAA Legal Chair
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