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Your personal creative UPDATE!!!! New info available.

Posted by First Gen Apr 13, 2008 at 12:39pm CDT 26,301 views
Mark Simon of "Mind Your Business" reports that personal created works such as drawings, writings and video's that you've done may not belong to you much longer. A new legislation is in the works to make any form of publicly displayed art free for use by major corportations. This could mean any Transformers related works you've done and posted online could be at risk!!!


Here is an excerpt from the article:


Mind Your Business: You Will Lose All The Rights to Your Own Art
Mark Simon is mad as hell and, in this month's "Mind Your Business," he tells you why you should be too.
As you know, I usually handle the subjects in my articles with a sense of humor. That is not the case this month. I find nothing funny about the new Orphan Works legislation that is before Congress.


UPDATE!!!!

Matt Moylan of Lilformers.com has made this announcement with a reference link to contradict earlier reports of creative works rights loss.

Matt Moylan- I've sen many journal posts by artists today about this orphaned works mini-panic by artists.
(Ahhh! we're going to lose all our rights! OH NOES!! etc) The first place I went after reading about it was boingboing.net .They're very on the ball about any threats to copyright protection.

They are directing everyone to this article, which explains clearly how there is currently no such legislation, and how the guy generally doesn't know what he's talking about:

http://maradydd.livejournal.com/374886.html
Good read, I think it will put many minds at ease.

To view the original article and join the discussion, click View User Comments above.

More Bots. More News. More Awesome.

Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by First Gen Apr 13, 2008
This is something that absolutely cannot be allowed to happen. Youtube videos, Deviant Art, Fan fiction, the list goes on of what can be stolen from us. Major businesses stand to make millions off of OUR creativity. This must be stopped, no matter the cost!!!!

UPDATE!!!!

Matt Moylan of Lilformers.com has made this announcement with a reference link to contradict earlier reports of creative works rights loss.

Matt Moylan- I've sen many journal posts by artists today about this orphaned works mini-panic by artists.
(Ahhh! we're going to lose all our rights! OH NOES!! etc) The first place I went after reading about it was boingboing.net .They're very on the ball about any threats to copyright protection.

They are directing everyone to this article, which explains clearly how there is currently no such legislation, and how the guy generally doesn't know what he's talking about:

http://maradydd.livejournal.com/374886.html
Good read, I think it will put many minds at ease.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by astig Apr 13, 2008
this absolutely sucks! i suspect the inner workings of decepticon scums! :BANG_HEAD:
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Dinobot Nuva Apr 13, 2008
Shit just got real! /egoraptor
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by mattyc1007 Apr 13, 2008
that include my stop mptions on youtube?
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by UnitedJazz Apr 13, 2008
First Gen wrote:This is something that absolutely cannot be allowed to happen. Youtube videos, Deviant Art, Fan fiction, the list goes on of what can be stolen from us. Major businesses stand to make millions off of OUR creativity. This must be stopped, no matter the cost!!!!


I agree this sucks and is totally gay, but why he's so mad about it ?
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Dr. Caelus Apr 13, 2008
Does anyone have a bill number?
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by 1337W422102 Apr 13, 2008
It's funny you guys are mentioning Youtube. When you upload a video to Youtube, you sign away the distribution rights.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Archanubis Apr 13, 2008
Artwork seems to be the big concern in this article, though it does mention *any* creative work. I do have a copyright on one of the writings I posted at FictionPress, mostly because I originally intended to have it published in book form.

That means writing letters to our congressmen and representatives. That means voicing your opinion about how we need copyright protection, as we've had since 1976, that protects everything we create from the moment we create it. This is the case around the world.

Seems to be the best course of action. I have no idea how much weight a petition would have in this scenario. However, flood a Congressman or Senator's mailbox with angry letters, and they might get the message.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by An_de Apr 13, 2008
SO THAT INCLUDES MY SIGNATURE AS WELL?
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Dr. Caelus Apr 13, 2008
I don't think it is wise to go around writing letters to the powers that be without knowing what you're talking about. Politics is so dodgy and hard to follow, you may be serving a more nefarious agenda in the long run.

In that light, here are some resources you may wish to avail yourselves of:

NEWS FROM THE LIBRARY OF CONGRESS, 2007 wrote:Orphan Works Legislation

In 2005, the Copyright Office conducted a study on the “orphan works” issue. The study was a response to concerns that uncertainty surrounding ownership of orphan works might needlessly discourage subsequent creators and users from using works in socially productive ways, such as by incorporating these works in new creative efforts, or by making them available to the public. The study involved written public comments (over 850 were received), four days of public roundtable discussions (two in Washington, D.C. and two in Berkeley, Calif.), and 17 informal meetings with interested parties to discuss issues in greater depth.

The Copyright Office then submitted its “Report on Orphan Works” to Congress in January of 2006. The Office’s conclusions were as follows: 1) The orphan works problem is real. 2) The orphan works problem is elusive to quantify and describe comprehensively. 3) Some orphan works situations may be addressed by existing copyright law, but many are not. 4) Legislation is necessary to provide a meaningful solution to the orphan works problem as we know it today.
Top of Copyright

The Office recommended that the orphan works issue be addressed by an amendment to the Copyright Act’s remedies section. This amendment would limit the liability of a user of a copyrighted work who performed a good faith, “reasonably diligent search” for the copyright owner but could not find that person, and provided attribution to the author and copyright owner if known, and in a manner reasonable under the circumstances.

The House and Senate Judiciary Committees held hearings on the Report in March 2006 and April 2006, respectively. The Office’s testimony is available at http://www.copyright.gov/docs/regstat030806.html and http://judiciary.senate.gov/print_testi ... it_id=5219. The Orphan Works Act of 2006, H.R. 5439, was introduced in the House of Representatives on May 22, 2006. In large part this bill follows the recommendation of the Copyright Office. The bill was reported out of the House Subcommittee on May 24, 2006 and is available at http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5439:. The version voted out of the Subcommittee modified the Copyright Office’s initial recommendation to some extent, mostly to address concerns raised by photographers and other visual artists. The Copyright Office supported these amendments, and sees them as improvements. For example, the version reported out of the Subcommittee would: define “reasonably diligent search” to exclude situations where little or no search is performed simply because a copyright notice or other information identifying the author or owner does not appear on the face of a work; direct the Copyright Office to maintain information on its Web site about best practices and industry guidelines for conducting a “reasonably diligent search”; allow a resurfacing copyright owner to recover court costs and attorney’s fees in the case of “bad faith” negotiations by the user; and direct the Copyright Office to conduct a study on “small claims” in copyright infringement cases.

Following the House Subcommittee’s vote, the Orphan Works Act was combined with the Section 115 Reform Act of 2006 (“S1RA”), H.R. 5553, and the two became the Copyright Modernization Act of 2006, H.R. 6052. The full House Judiciary Committee took no action on the Copyright Modernization Act, but the Copyright Office suspects that work on orphan works legislation will resume during in the 110th Congress.


Hyperlinks at end are my addition.

Can't find any current bills on the topic. It sure seems like this hasn't seen the light of day for a while now.



Also, trying to find facts to support this guy's passionate article, reminded me of a particular piece of online art:

Image
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by dragons Apr 13, 2008
its funny how they forgoet to mention when the creators fanart work, or fan made films have the creators watermark on the picture or the films that they created what are they going to do if one of the fan art or films has the creators name all over the image and in the film itself cant lose it if it has your name on it can you.?


edited--- they may own the didgital work but tehy dont own the original pieces of art waork that was done on paper or taped with digital camcorder
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by saberconvoy Apr 13, 2008
Damn Thats not right he cant do that, and no i dont care if he says he can. Ill keep making movies and there is nothing he can do to stop me.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Izanami Apr 13, 2008
Not necessarily people. Do a little research.

From Matt Moylen aka the guy who does LilFormers
I've sen many journal posts by artists today about this orphaned works mini-panic by artists.
(Ahhh! we're going to lose all our rights! OH NOES!! etc) The first place I went after reading about it was boingboing.net .They're very on the ball about any threats to copyright protection.

They are directing everyone to this article, which explains clearly how there is currently no such legislation, and how the guy generally doesn't know what he's talking about:

http://maradydd.livejournal.com/374886.html
Good read, I think it will put many minds at ease.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by ashe5k Apr 13, 2008
It's my understanding that your are protected under the orphan law because if you can find your work just by doing a simple internet search then it's still yours. You DO NOT have to register it with one of the copy companies. So you do retain your copyrights and can go after companies for using your work, provided it's not a derivative work anyway. All this outrage over this and it seems like it's for nothing.

If this isn't the case, then someone please direct me to the right info.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Cyber-Kun Apr 13, 2008
Id' recommend everyone read this who are concerned.
http://maradydd.livejournal.com/374886.html
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Liege Evilmus Apr 13, 2008
So basicly as long as your a corporation, copywrites mean nothing, and you can do whatever you want with anyones ideas?

If thats correct, this is very bad!!!
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Blitz Magnus Apr 13, 2008
Ok, I have some major questions on this topic. If all of our art and works can be taken away,

Should we remove all of our creative works off the internet if possible?

Should our videos on youtube be changed to private or be removed all together?

Regarding 1337W422102's comment
"It's funny you guys are mentioning Youtube. When you upload a video to Youtube, you sign away the distribution rights."
What exactly does it mean when you sign away the distribution rights upon uploading a video?



If anyone can answer these questions, please do! I am in need of answers.

Thanks in advance.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by woosh Apr 13, 2008
I suggest WATERMARKING.
a giant watermark across the picture.
Re: Your personal creative UPDATE!!!! New info available. (view post)
Comment by Klozminded-G1 Apr 13, 2008
Why do I have a feeling this law is intended to screw the little people....

We all know this law WILL NOT apply to the use of a business's intellectual property for us little people...

So a business and government can have all the power, and we, the creators, can have NOTHING.

HOORAY for communism!!!!!
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