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Orphaned Works Awareness by =Mercuralis:iconMercuralis:


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Submitted: April 12
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Artist's Comments

I've had a lot of people note me about this, some in support, some to inform me that it was a hoax, some to say "this is over and done with and you shouldn't be causing so much stress in the community."

None of which are the point.

The point is, yes this happened a few years ago. It was turned down. But the fact is that it's still floating around out there. There are still laws, still people who would like to change things, and make it harder for artists to make a living. There are companies who try to use your work for free, people who think nothing of using your work without credit.

The only way to combat this is awareness and education. Saying "It's over, don't think about it" is only shutting up people when what we need to do is talk. We need to talk to each other about ways to protect our rights, ways to make sure that credits stay where they belong, that licensing is respected, that art theft is no longer more common than shoplifting. We need to be talking to our parents and children, our students and teachers, our friends our congressmen, about the challenges we face as artists when it comes to protecting our rights.

This isn't JUST about the Orphaned Works thing. This is more important, bigger than that. If it's not current, it doesn't mean that it won't ever come up again--IT WILL. And if we're not on the lookout for it, if we're not paying attention to what the lawmakers are doing or the big companies, someday it'll go through and by the time we find out it will be too late. Why did it take TWO YEARS for this to come to the attention of deviantARTISTS en masse? Think about that.

I'm not, and never was advocating drastic measures. What I want is for people to be aware of their rights, to talk to others about them. I'm overwhelmed by the response this received, but I'll tell you right now I wish it wasn't one of the most popular things in my gallery. I wish I didn't even feel the need to make it. I wish it were unnecessary.

All I ask is that--regardless of whether the issue of Orphaned Works is a current or past threat--that you take the time to think about whether there would even BE orphaned works to be concerned about if we all took steps to ensure that our work was protected and properly marked and credited, if we made sure that other people were aware of copyright laws and how they apply to things like family photographs, children's drawings, research papers, letters, etc. How much art theft would there be if everyone was aware that it was wrong?


Because I think that education is still the biggest issue here, I'm leaving up the link list on the Orphaned Works bill. Read it yourself, make informed decisions, educate.

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I've always believed that the absolute best way to combat art theft, copyright infringement, and ignorance is EDUCATION.

I created this to raise awareness and provide a place for people to start talking about these things. Feel free to download it and print it yourself. Link to it, use it as a thumbnail in your journals or blogs. Use it as a talking point to start a conversation about copyrights, about orphaned works, about artist's rights. Same rules apply though: No changing it, and please make sure my name stays on it, or that it's properly credited. No commercial use.

Oh, and one other thing, since someone has already asked. The characters in the painting are from an older painting of mine. One that's been stolen a couple of times and used without permission. The characters in "The Goblin Gang" (which can be found elsewhere in my gallery) are ruffians, but not orphans. I'm quite proud to be their mother and I'm not disowning them anytime soon.

Devious Comments


~DistillersRock:iconDistillersRock: Apr 12, 2008, 11:52:47 AM Mood: Wow!
wow

--
I am the music that we make together
I am the pictures that we paint together
I am yours to hide
To smile with
I am your treasure
*kyrn:iconkyrn: Apr 12, 2008, 12:12:05 PM
I plan on writing letters when I am able to. There are too many ways this gives people and excuse to steal art.

--
prints @meredithdillman.com
Read Mercury Brightman THE FIRST SIGN
~ryoko25:iconryoko25: Apr 12, 2008, 12:13:16 PM
Lol the thing that they're talking about is the works that aren't signed, or water-marked, or other such stuff. So, as long as you leave your mark on your work, it's fine.

Good job Mercuralis!

--
"... sorta like cheese whiz... it tastes disgusting... but I LOVE it..." ~Mr. Mitchell referring to High School Musical and it's sequel.

"YOU'RE PUSHING ME CROOKED!" ~me

Memento mori. - Remember we all die.
=Mercuralis:iconMercuralis: Apr 12, 2008, 12:16:51 PM
what happens to my artwork that is regularly stolen, and my name cropped off? And reposted online?

also.. why should I have to PAY to protect my copyright? Under the current version of this, if I want to be able to enforce my right to license my work, I would have to pay a fee for every work I want to protect to, not just one, but SEVERAL private registries. That's where companies will go to see if a work is being protected.

If my name doesn't turn up in whichever one they search, they're free to use my work. If I then take them to court, I have to jump through hoops to prove my claim, and even then I'm only entitled to a "reasonable fee" and no lawyers fees or legal fees.

--
My Blog
_____
Do you see Goblins?
~ryoko25:iconryoko25: Apr 12, 2008, 12:19:29 PM
... then I do not know. That was just what I'd heard. And I wasn't being sarcastic, you are doing a good job with saying something with that picture.

And I know, it sucks. The government's corrupt, and needs to be cleaned up.

--
"... sorta like cheese whiz... it tastes disgusting... but I LOVE it..." ~Mr. Mitchell referring to High School Musical and it's sequel.

"YOU'RE PUSHING ME CROOKED!" ~me

Memento mori. - Remember we all die.
~zulas-apperentice:iconzulas-apperentice: Apr 12, 2008, 12:22:14 PM Mood: Outraged
SCREW THE ORPHANED WORKS ACT!!!

Us artist should be entitled to letting others us or work with permission and/or payment.

What the hell?! What makes these people think they can just take ownership of something that's not their's?! Do they know how hard we work?

I want to be an artist when I grow up, but if this gets passed, forget it! I'd have to pay so much money registering my work that I'd never get out of debt! :X

LOOK HERE FOR MORE INFO:
[link]

--
Open your eyes, dreamer. Awake and know, you think, therefore, you are.

Cogito ergo sum.

I'm a Nine Inch Nails ninja of the Village Hidden in the Pants-of-Trent-Reznor
*quickreaver:iconquickreaver: Apr 12, 2008, 12:35:34 PM
Wonderful idea!! Well done, Melissa... :clap:
=Mercuralis:iconMercuralis: Apr 12, 2008, 12:36:08 PM
That's what this bill is counting on. That people will only read what it does on the surface and not look at the loopholes it creates or look at how it changes your current copyright protection.

Unfortunately, under it's current incarnation, even IF you've already registered your work through the US copyright office, it won't do any good. You'd still need to re-register through the private registries.

The government needs to step up to the plate here, and make sure that this protects the artists rights. If our government is corrupt, then it's our duty to clean it up.

--
My Blog
_____
Do you see Goblins?
~RogueVampire:iconRogueVampire: Apr 12, 2008, 12:41:42 PM
:clap:

--
Buffy: So...how've you been?
Amy: Rat. You?
Buffy: Dead.
Amy: Hm.

Buffy:What are you doing here? Five words or less.
Spike: Out-For-A-Walk...Bitch
~ryoko25:iconryoko25: Apr 12, 2008, 12:54:57 PM
*ish too young to vote or do anything* I will do my best, but I'm not to sure what I can do, other than write to a governor who will probably ignore the letter completely.

--
"... sorta like cheese whiz... it tastes disgusting... but I LOVE it..." ~Mr. Mitchell referring to High School Musical and it's sequel.

"YOU'RE PUSHING ME CROOKED!" ~me

Memento mori. - Remember we all die.