orphan works

Last month, I listened to a panel discussion at the Microsoft Pro Photo Summit. Ever since, I've been trying to put together a comprehensive post about "orphaned works" legislation currently pending before the US Congress. (Here's a link to the full text of the Senate version.)

The term "orphan works" refers to pieces of intellectual property for which copyright is indeterminable. Read more » 

• On one hand, you can imagine legitimate reasons for wanting to be able to display or disseminate artworks by unknown (and unknowable) artists without fear of legal reprisal. This site in particular is a big believer that, once you put it out there, it becomes part of the Great Internet Ether. The purpose of copyright law, after all, is to further creativity, not inhibit it.

• On the other hand, we all know the attraction of public-domain art. It's remarkably easy for digital imagery, in particular, to get separated from the name of its creator. Who wouldn't want to stake an illegitimate claim on a really great piece of orphaned work just because, hell, it's a nice piece and who wants to pay the artist adequate compensation?