Re: [microsound] orphan work law.

[Xdugef <info@xxxxxxxxxx>]

Well currently if a work matches the criteria below then how much of a
chance is there that'll you'll be sued for using by the copyright
holder or their heirs?




--- Richard Garet <richard_garet@xxxxxxxxxxx> wrote:

> 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.
> >
> > _________________________________________________________________
> > Make Windows Vista more reliable and secure with Windows Vista  
> > Service Pack 1.
> > http://www.windowsvista.com/SP1?WT.mc_id=hotmailvistasp1banner
> 
> Best regards,
> 
> Richard Garet
> www.richardgaret.com
> 
> Skype User: richard_garet
> 
> 
> 
> 


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