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FROM THE ILLUSTRATORS' PARTNERSHIP
Backers of the Orphan Works bill are circulating their Talking Points:
"Neither the House nor the Senate drafts of the bill contain the word "registries," [they write] but rather they require users to search non-governmental databases of copyrighted works. The purpose of any database is not meant to take the place of copyright registration, but to have a way to search for visual images. Any participation in such a database would be voluntary."
But this doesn't mean what it appears to say. Take it point by point:
Talking Point #1: "Neither the House nor the Senate drafts of the bill contain the word 'registries.' "
Response: Correct. They contain the word "databases," a synonym:
Registry: register: an official written record of names or events or transactions
wordnet.princeton.edu/perl/web…
Database: A database is a structured collection of records or data
en.wikipedia.org/wiki/Database
Q: Why a synonym?
A: Because international copyright law forbids member countries to impose registries as a condition of protecting copyrights: Berne/Article 5(2) "The enjoyment and the exercise of these rights shall not be subject to any formality." www.law.cornell.edu/treaties/b…
In other words, if they used the word "registries" in the bills, it would be a red flag to other countries that the US is flirting with non-compliance with international treaties.
Talking Point #2: "...rather they [the bills] require users to search non-governmental databases of copyrighted works."
Response: Non-governmental databases" means databases maintained in the private sector.
For users to find your work in these commercial databases, your work would first have to be in the database.
Work not in the database would be orphaned.
Talking Point #3: "Any participation in such a database would be voluntary."
Response: Congress cannot pass a bill making registration mandatory because that would violate Berne/Article 5(2).
And that would state explicitly to other countries that the US no longer intends to honor its international agreements.
There are red flags all over these talking points.
Summing up: The Orphan Work bills would mandate the creation of registries by commercial interests.
You would not be legally forced to place your work with these for-profit registries.
But failure to do so would orphan your work.
The deceptive talking points accompanying this bill are another red flag.
— Brad Holland and Cynthia Turner, for the Board of the Illustrators' Partnership
Take Action/ Write Congress capwiz.com/illustratorspartner…
Over 37,000 messages have been sent from the site in the last 48 hours. Please spread the word.
Please forward or post this announcement in its entirety to any interested party.
Backers of the Orphan Works bill are circulating their Talking Points:
"Neither the House nor the Senate drafts of the bill contain the word "registries," [they write] but rather they require users to search non-governmental databases of copyrighted works. The purpose of any database is not meant to take the place of copyright registration, but to have a way to search for visual images. Any participation in such a database would be voluntary."
But this doesn't mean what it appears to say. Take it point by point:
Talking Point #1: "Neither the House nor the Senate drafts of the bill contain the word 'registries.' "
Response: Correct. They contain the word "databases," a synonym:
Registry: register: an official written record of names or events or transactions
wordnet.princeton.edu/perl/web…
Database: A database is a structured collection of records or data
en.wikipedia.org/wiki/Database
Q: Why a synonym?
A: Because international copyright law forbids member countries to impose registries as a condition of protecting copyrights: Berne/Article 5(2) "The enjoyment and the exercise of these rights shall not be subject to any formality." www.law.cornell.edu/treaties/b…
In other words, if they used the word "registries" in the bills, it would be a red flag to other countries that the US is flirting with non-compliance with international treaties.
Talking Point #2: "...rather they [the bills] require users to search non-governmental databases of copyrighted works."
Response: Non-governmental databases" means databases maintained in the private sector.
For users to find your work in these commercial databases, your work would first have to be in the database.
Work not in the database would be orphaned.
Talking Point #3: "Any participation in such a database would be voluntary."
Response: Congress cannot pass a bill making registration mandatory because that would violate Berne/Article 5(2).
And that would state explicitly to other countries that the US no longer intends to honor its international agreements.
There are red flags all over these talking points.
Summing up: The Orphan Work bills would mandate the creation of registries by commercial interests.
You would not be legally forced to place your work with these for-profit registries.
But failure to do so would orphan your work.
The deceptive talking points accompanying this bill are another red flag.
— Brad Holland and Cynthia Turner, for the Board of the Illustrators' Partnership
Take Action/ Write Congress capwiz.com/illustratorspartner…
Over 37,000 messages have been sent from the site in the last 48 hours. Please spread the word.
Please forward or post this announcement in its entirety to any interested party.
Walt Stanchfield: Drawn to Life
Currently tearing through Vol. 1 of Walt Stanchfield's notes in the book Drawn to Life... Awesome stuff. I can't wait to start school again to have a planned time slot to animate. Also I can't wait to get Vol. 2.
I need to draw more. Gotta start carrying a sketchbook with me where ever I go.
Better leave one in the car.
Summer Studies
Just working on my life drawing and animation timing. Hopefully I will have a good head start for next semester.
No Time...
Animating takes a long time. It takes a lot of effort and creative thinking. That's if you want it to be good. I want to do my best for my classes at Columbia, but with work, doctor's appointments and the rest of life, I feel like there just isn't enough time!!!
Does anyone have some time to spare? I'll gladly take it off your hands...
School Rant
So I am so glad to have mostly animation classes this semester, but my only other class is driving me crazy. It's a screenwriting class and the teacher has this thick Romanian accent. I actually love his accent, it reminds me a lot of grandpa. Anyway... its frustrating because the class goes so slow and choppy. Students won't understand what he is saying, and he won't understand what they're saying. Its just on huge mess. Let alone I am not the best writer, so I have to spend more time to crunch out something worth while.
Ah... Whatever.
Well, I am glad I cut back to just four classes this semester. Hopefully I'll be able to concentrate on
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