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
