Share Your Thoughts on Orphaned Works Legislation

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.

• 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?

At the core of this concern are artist groups like the Illustrator's Partnership, which (while thoughtful) may -- by requiring that creative professionals register their works with a database to establish their ownerships -- place unfair and unrealistic responsiblity on the natural copyright holder.

How many readers of this blog would like to have to register every creation they make in order to protect their copyright over that work?

The situation is complicated as these things go, but there are a variety of artist groups who are working to oppose or amend the current legislation. And there are lots of resources out there that permit you to contact your congressperson and thereby share your take. (I gotta say though, it disturbs me a little that you can e-send a letter to your congressperson without, um, actually reading it. I trust the denizens of this Planet Deke to make thoughtful choices.)

Complex thoughts that I share with you this Tuesday . . .