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Copyright at Risk?

Allison Selene
Registered User
Join date: 5 Oct 2006
Posts: 112
04-12-2008 10:57
From: Chip Midnight
Even if that's the case, this law goes about solving it the wrong way, and even if the intent of the legislation is meant only rectify that situation, it could have devastating unintended consequences.

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In short, this would change the law from saying that everything should be assumed protected by copyright unless the person who wants to use it can prove otherwise, to the assumption that everything is orphaned unless the author finds out about it and can prove otherwise. That's my take on it anyway, and it strikes me as a horrendously bad idea.


These are the fundamental points people seem to miss. The unintended consequences are dangerous. Under current copyright law, you do not need to register anything to protect your copyright. This law would reverse that and require that you have your work in every registry to have a plausible chance at protecting it, and worse, gives infringers a very easy out.

BTW, the podcast interview is much better than the article IMHO.
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Miles Beck
MilesBeck.com
Join date: 20 Mar 2007
Posts: 537
04-12-2008 11:00
From: Johan Durant
As the interview points out, a good way of addressing this concern is by empowering a board to investigate and declare orphaned works on a case by case basis. Hell, the organizations mentioned here would be good places to start in forming such a board. Certainly, the number of unattributed pieces that museums want to use in promotional materials is far far less than the amount of creative work done generally, and thus such a process is feasible.
Absolutely. It would make far more sense to place responsibility on the person or organization wishing to declare a work as "orphaned."
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