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June 26th, 2008 at 07:47 am

Orphan Works & the Dot EDUs

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?

OWOH Widget

  • 1

    Orphan bill voted down for this year, I believe. Woo Hoo!

    John on October 2nd, 2008
  • 2

    Not exactly, more like we kept it off the table for now.

    So for the moment we have a breather, at least until after elections and possible even until January.

    Watch the OWOH.org website for suggestions on what you can do in the coming weeks and months while your individual legislators are home for the elections and maybe even thru the holidays.


    wheat on October 4th, 2008


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