Orphan Works

An ongoing copyright debate in the art world has only recently come to my attention. “Orphan Works” are artworks, images, music, video clips and etc. of unknown origin whose original author cannot be found or whose copyright holder is unknown. Imagine, if you will, the legal steps necessary to use an image (something you came across at a yard sale, in an old book or in an archive somewhere) without knowing who the “owner” is.

The U.S. copyright office has drafted legislation to remedy this problem. Although the wording is complex, if passed, it would grant a person the right to use an “orphan work” after a diligent search for the owner has come up fruitless.

Many visual artists (and creatives in other fields) would welcome the opportunity to use orphan works in much the same way as some artists use “found objects”. However, the problem arises when the original owner of the copyright comes forward… after you’ve already used or published part or all of their work (especially in an advertisement). I can certainly understand the motivation of certain communities to push the new legislation forward. Museums and educational institutions of all kinds could make works available that are vitally important to our cultural heritage but whose copyright owner is unknown.

At the same time, the bill still contains some “loopholes” that could be potentially disastrous for artists like myself. Such as the privatization of copyrighted image databases and the necessity of registering every single work with a private registry. Another words, artists and composers will no longer receive an “automatic” copyright for every thing they create – they’d have to register their work to actually “enforce” their own copyright. This wouldn’t be a major undertaking for me, as my artistic output is (currently) minimal. For some photographers and prolific creators, the costs and time consumption for this process would be overwhelming. It could certainly stifle their desire to create and their ability to live off their work.

I encourage you to take a look at the following links to learn both sides of the story. This debate begs the question: if art is appropriation, how much appropriation is appropriate in the law? Please consider both sides of the issue. Maybe post a comment? Or contact congress? Don’t stay in the dark though. As artists, this is something we all have to be aware of and active about.

–U.S. Copyright Office statement–
–Illustrator’s Partnership statement–

Sincerely,

P.S.

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