June 26th, 2008 at 07:47 am » Comments (0)

A GREAT DEAL has been said about the common good, but is that really true, I WONDER (but don’t really know…. yet)

Because I am tired of typing Museum, Library, licensed educational institution, let’s just call that group the “dot edu”.

HOW will this legislation effect these “dot edus”

Here are some passing thoughts, offered without benefit of researching. And perhaps influenced to heavily by repeated readings of Unintended Consequences…

1. If my understanding is correct, under current law, if sued, while they likely not be expected to pay damages because, for example some conscious stricken WWII Nazi War Criminal donated a Monet into the collection of the Guggenheim,
‘
Further, the law would allow the Dot Edu to be awarded Court Costs, apparently no so under Orphan Works,
The Dot Edu *would* have to pay to defend itself if sued for the return of the item.

2. What about the Registries, OPPS, I Mean “DataBases”, won’t their collections need to be included?

Will you and I as tax payers be footing the bill for them to prepare and register what is in their collection?

3. Will there be any “Good for the Goose”

Meaning could these DataBases that are Registries by another name, not be used by those to whom items in a collection rightfully belong to make claims and institute suits for recovery of thier family heirlooms that were stolen in times of War

Or, is the “5-10 years” intended to allow for the natural elimination of those who might have the knowledge to reclaim their family’s heirlooms.

Will large institutions already mostly funded by the Government care about this, not really after all they work for the folks who can print money when the need it.

4. What about small community museums, the kind you find in millions of small town across the Americas, usually run by the local Historical Society more as a labor of love than with any real dollars,

How will they be effected?

And, why, does a bill purported to be about Orphan Works, not address these “protections” unless, of course, the bills are not really Orphan Works, but rather, Intellectual Property Hi-Jacks.

And, last but not least,

If first they came for Music, and because I do not sign, I did not help,

Then they came for personal liberty, but we all want to be secure in our Homeland don’t we

now they come for our Art and other Intellectual Property, ….

Exactly what will be next?

June 7th, 2008 at 08:30 am » Comments (0)

On Thursday evening, the Senate Bill was “hot Listed”. Apparently, I am now told by the VERY SAME PERSON who assured me Several Times this would NOT happen.

This means that the Senate’s Democratic Majority have agreed they will approve the bill.

Once that is done, no more cease and desist, no more injunctive relief, no more out of court settlements, just big bucks to fight drawn out court battles and
EVEN IF YOU WIN, you will have lost the $$$, because no court costs, the infringer will be able to continue using your work AND will be the one who decides how much they are willing to pay you for its continued use, although by then likely it won’t have much value and you won’t even be able to control how it used.

If this issue is important to you, please call your Senators & Members of Congress.

If it is not yet important to you, then I ask that you take a look at a PDF - One Page flow chart that shows what you need to NOW to protect your work and What you will need to do THEN if it is signed into law.

http://wheatcarr.com/Orphan_Works/OWOH-Now-Then.pdf

Obviously those Senators who view this as their legacy (Leahey) or who, like Howard Berman has now decided what he should tell Linn Singer (read his 2002-2003 testimony) when asked what Congress can do to protect working artists (nothing, just make it impossible for them to protect and control how their work is used.)

They have decided to sponsor a bill that creates appears to give Libraries, Museums and legitimate educational institutions what they already have,

And Grants A License to Steal to everyone else.

Its your future, make your own decisions.

Mine? I will actively work against ANY elected representative to ensure they will not have another chance to destroy my choice in how I can fairly earn my living and who choose to impose unfunded mandates that equate to taxing the Artists for their creativity.

Fortunately, like the staffers who are lawyers and will certainly have some excellent job prospects given the litigation this bill REQUIRES to settle any dispute (unlike now when one can easily and comparatively inexpensively get injunctive relief if a simple cease and desist fails) I do have other career options.

Do you? If not, then consider contacting your Senators and Congressman to
VOTE NO to the Orphan Work Acts before the Senate & Congress.

Wheat

June 2nd, 2008 at 13:50 pm » Comments (0)

Did you miss out on the 60’s?

Haven’t you ALWAYS wanted to say that you went to Washington to fight for your rights???

Here’s your chance to make a difference!!!

PLEASE JOIN US IN WASHINGTON DC ON JUNE 4 AND 5.

We’ll be meeting Wednesday and Thursday mornings at 8:30 a.m. at the Harte Senate building in the ground floor cafeteria, right hand side near the glass windows when you walk in.

Also, we plan on assigning someone to sit there for the day to help direct people to their appointments, pass out our literature, etc. We could use a volunteer for this, too.

If anyone lives in the area, even if you can come for one day, we invite you to join us. If you don’t want to talk, that’s ok, just being there will help reinforce our position. The more, the better!

Note, we want to look as professional as possible so please keep this in mind. (We will be in business attire)

Bring along some printouts of your art to share with the Senators and Congressmen! Or your kid’s art!

Let them see what’s at risk. Have you been infringed? Share your story on a flyer. It’s the personal aspect of this that will get their attention.

When they see that we’ve gone to the extreme of leaving our studios to come to Washington, they’ll know we are committed to our cause.

PLEASE COME!!!

Meanwhile, Please visit out OPPOSITION WEBSITE
for up to date info and resources.

http://www.owoh.org

Hope to see you there,

Don’t Let Congress Kill Creativity -
Help Stop the ORPHAN WORKS BILL -
ACT NOW - Visit: http://www.owoh.org