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DPChallenge Forums >> Business of Photography >> Orphan Works legislation
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09/29/2008 04:30:54 PM · #1
I was wondering if any of you were aware of this bill that is currently going through the house and the senate. It could very well be very damaging to you and your photography now and in the future. Here is an article that appeared in NPPA magazine in August and brings alot of it into perspective. I would suggest that you read it and make up your own mind. If you feel this could hurt you and your works please be sure and contact your congressman/woman or Senator.

Matt
09/29/2008 05:45:17 PM · #2
I guess it never occurs to some people that if it isn't your work, and if you cannot find the owner, and there is no release to the public domain available, then you just don't get to use it.

It is so easy to strip off the exif data, remove any invisible embedded watermark, and change file names that it is almost impossible for any photographer to tract their works. Unless it is on the web under its original file name, or is on the front page of mass circulation magazines, you are unlikely to find that you have been infringed.

I attened a desk top publishing seminar a couple of years ago, where the subject of photo rights came up. The speaker flat told the audience, the bigger the publication, the more widely it is read, the more likely you are to get caught. So if you are doing an inhouse bulletin or flyer, you can do just about whatever you want. When asked if that wasn't illegal, he responded "Technically yes, but it isn't like you will ever get caught. Even if you are, if it is an office newsletter or flyer, and you aren't Coca Cola or Xerox with deep pockets, they are just going to ask you not to do it again."

I see the attitudes have not changed, only now congress is making it legal. If you see something you want, and it is too much trouble to find out whom to pay, then just take it.

Too bad that doesn't extend to cars. I saw a nice Ferrari last weekend, I wanted it, the owner wasn't around... If he had been around, I wouldn't have taken it.
09/30/2008 12:15:08 AM · #3
I agree this is bad stuff, it irritates me the special interest groups who are pushing this through, and yet the people who it could hurt the most arent being as vocal as they should be.

Matt
09/30/2008 12:30:12 AM · #4
How the west was won. (I think there may have been an earlier thread about this, but don't know where).
09/30/2008 12:32:11 AM · #5
Originally posted by tnun:

How the west was won. (I think there may have been an earlier thread about this, but don't know where).


I searched and couldnt find anything, however I'm not real good with searching on this site.

Matt
09/30/2008 01:23:33 AM · #6
We will just have to put a huge (C) with our names right in the middle of our photos. Or we could do what EA did with spore and make it so that each image is software that has to be activated via the web before it can be viewed. DRM.
09/30/2008 05:06:19 AM · #7
Orphan Works
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