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DPChallenge Forums >> General Discussion >> The Orphaned Works Act
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04/08/2007 10:46:50 AM · #1
Have you heard of this act that our government is trying to pass into legislation?

O.W.A.

the O.W.A. bill over view.

Found out about it in "Shutterbug" magazine.

Essentially, like the magazine stated, and what I have been reading is that the government wants to make it possible for anyone to be able to use any art work that has been "orphaned".

As long as the 'user' of the art work tried to "reasonably" locate the artist before using the art work, the user can have the art for their own interest.

(SC, can you please put an 'H' in the title of this thread to read Orphaned. Thanks.)

Message edited by author 2007-04-08 10:51:35.
04/08/2007 11:10:40 AM · #2
My concern would be with the definition of reasonably.

Also, once someone steals something and passes it on then the link to the artist is lost. Just look at what happened with scalvert's image a few days ago.
04/08/2007 11:41:37 AM · #3
Originally posted by cpanaioti:

My concern would be with the definition of reasonably.

Also, once someone steals something and passes it on then the link to the artist is lost. Just look at what happened with scalvert's image a few days ago.


Exactly the point to be made.

What determines the act of, and the term of "Reasonable"?

Saving for the web erases metadata.

Not everyone knows how to use watermarks.

How does an image that someone put time and effort into, and calls their "art" get contacted when the metadata is lost, and no watermarks.

That "art" is up for grabs by anyone.
04/08/2007 01:26:18 PM · #4
Not a big deal. Once it becomes known who the owner is, he is still due fair payment for his work unless the work was used for purposes that already fall under 'fair use' or stops using it as soon as the owner is known. Without this provision in place it becomes impossible to use items that are legitimatelly public domain -- far too often the status of any specific work is unknown.

If you're worried about it, register all your images with the copyright office. The proposed law also includes a provision that for any attempt to find the owner to be considered 'reasonable' it must include as a bare minimum a search through the copyright registry.

David
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