Q: Why are artists opposing these bills?
A: Because they have been drafted so broadly that their effects cannot be limited to works that are really orphans.
1. The bills will allow anyone to use an illustration, design, photograph, musical composition, film or piece of writing for any purpose- without the copyright holder’s knowledge or permission - if they are unable to find the copyright holder after a still-to-be-defined "reasonably diligent search."
2. The bills will allow an infringer to create-and copyright-a derivative work even if the copyright holder of the original work objects.
3. The bills require that creators digitize all their intellectual property at their own expense and hand it over to privately owned commercial databases in an effort to protect it. Unregistered work will be exposed to infringement by any party in the US for any reason, no matter how commercial or distasteful.
4. The bills "limit" any effective penalties for infringement, which currently help creators protect their copyrights. This means wherever an infringer successfully asserts an orphan works defense, the copyright holder will not be able to recoup court costs and legal fees, nor will they receive statutory damages. While statutory damages are seldom sought by artists they have proven extremely effective at deterring rampant and willful infringement.
5. The bills will effectively strip every citizen of the passive copyright protection we now enjoy because they will nullify the creator’s exclusive right of copyright to any form of intellectual property. This right is currently ensured to every citizen upon creation whether or not the work is ever registered with the Copyright Office.
Click here for a comprehensive explanation of the House Bill’s impact on
visual artists:
Click here for a comprehensive explanation of the Senate Bill’s impact
on visual artists: