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[microsound] orphan work law.



What do you all think about this?

watch this youtube link first then read the rest below.

http://youtube.com/watch?v=CqBZd0cP5Yc

http://newsgrist.typepad.com/underbelly/2008/05/support-the-orp.html

http://www.publicknowledge.org/node/1478

http://www.asmp.org/news/spec2008/orphan_update.php

Definition of an Orphan Work: http://en.wikipedia.org/wiki/Orphan_works

Here is some counter information on the bill and what it represents: http://www.publicknowledge.org/node/1553

For Immediate Release: May 7, 2008

Background: The House Intellectual Property Subcommittee today approved H.R. 5889, the Orphan Works Act of 2008. Orphan works are works, such as photographs, music or film, or other works for which the copyright holder can't be found by someone who wants to use the work in a way that normally would require permission. Works can become "orphaned" for a number of reasons: the owner did not register the work, the owner sold rights in the work and did not register the transfer, the owner died and his heirs cannot be found.

The following statement is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:

"We are pleased that the Subcommittee has approved this legislation with the promise to continue to discuss issues of concern with stakeholders before a full Judiciary Committee markup. Overall, we believe the bill would restore much needed balance to copyright law by freeing up for use by follow on creators so-called orphan works.

"We recognize there are some issues going forward on which we would like to work with the subcommittee before the bill is considered by the full Judiciary Committee. The 'notice of use' archive provision, would impose onerous filing requirements on users without providing any real benefits to owners by requiring users to submit summaries of their searches along with a notice of intended use. Rep. Zoe Lofgren (D-CA) on behalf of herself and Rep. Rick Boucher (D-VA), noted during the markup that there are already provisions in the bill that obviate the need for such an archive.

"We thank Subcommittee Chairman Berman, Ranking Member Coble and their staff for taking the time to work with us. We look forward to working with them on these issues of concern."

more info here:
http://www.plagiarismtoday.com/2008/05/07/asmp-supports-orphan-works- bill/
http://www.publicknowledge.org/node/1553



I will continue downloading music because there is an incredible amount o=f> stuff out there that I need to listen to but can't afford, and because I> like the idea of art being available to anyone. That said, I would love =to> see some sort of grassroots return to physical media. Wouldn't it be fun=to> have to exercise tantric listening? To have to wait to hear something br=and> new? Someday, when I have more money, I'll go back to buying physical> albums. someday...

why anyone would download these releases from the official radiohead/nin shop over, say, soulseek or torrents is hard for me to understand. nobody should have a moral obligation to financially support nine inch nails--take one look at reznor's studio, then listen to the music he's passing off as such these days. the entire paradigm has been subverted, and this is just the inevitable mainstream artists that happen to be somewhat hip/ progressive to current consumption trends acting on it. either way, it's still commodity, virtual or physical, free or expensive. in any case, technology (home recording technology, free soft synths, myspace, the internet in general, filesharing, etc) is obviously making widespread distribution available to pretty much anyone, the only thing that matters is whether you can generate a buzz or not. as consumers, we ask ourselves a few moral questions about payment, artists' rights, etc, but as music fans, we base our decisions qualitatively on the products being offered. the wider availability of sounds in a postmodern world has definitely degraded the selection process, and consumers have more trash art to sort through than ever before, and it's disguised in a variety of new trends. it's a degrading experience both as a consumer and a producer. nine inch nails makes a great example of this, because his music was actually pertinent back when he was young, had a few beat up old drum machines, a lot of angst, fighting a record company, and no money. now, all those elements are gone, and the music is a boring laptop and expensive modular processed version of its former self. an astute artist knows the power of boundaries and limits being introduced to the creative process, distribution process, marketing process, etc, whether by chance or not. these days, the attitute is one of taking all advantages available, but the result is far too comfortable to have force. in a postmodern era, the path of least resistance is not going to produce good art. the current trend is one towards paying for things not with money, but with your soul and subjecting your art to a base paradigm--either that, or furthering marketing schemes or advertising--what's the difference? my point with all this is that music still needs to be quality and challenge, both in the content and the distribution, artists' image, lifestyle--everything. consumer is the one who decides, but bear in mind that the music we listen to encompasses these things, it's a large and important value judgment with consequences, ultimately, on the sort of quality music one can expect to be available. i don't think the technological distribution revolution over the past decade has helped the fundamental quality of music much at all, it just makes more garbage more readily available--not enough individuals are willing to do anything but subject their art to processing, both in production and distribution, and nine inch nails are obvious victims of this phenomenon (among other things). in any case, it'll always be a challege to keep art relevant. some things change, other things don't.

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Best regards,

Richard Garet
www.richardgaret.com

Skype User: richard_garet