Great article on the Orphan Works copyright bill

[layla]

I really meant to post this at the start of the month, but have been bouncing around from one thing to another and keep forgetting to do it. There's been a lot of free-floating anxiety and paranoia around graphic design blogs and message boards relating to the so-called Orphan Works bills pending in Congress. ellenmillion has a well-researched and refreshingly non-alarmist article on the subject at emg_zine this month. (Links to the full text of the bills throughout their various incarnations is available in the article.)

This is particularly noteworthy:

The bill does not say anyone can just use your work for free by saying 'orphan work!' and then not pay you. In fact, it says they have to pay you, it only limits how much you could sue them for.

The bill does not require all artwork to be registered, by the government or otherwise, to be afforded protection by the law.

What is most worth reiterating: in no way does this bill strip an artist of their copyright, and in fact, it spells out that orphan works are explicitly protected and that using a piece as an orphan work does not mean the loss of copyright in the future. What it primarily does is protect a well-meaning user (one who thoroughly documents their attempt to find a copyright owner first and pays them fairly when they show up, as well as respects their wishes for further use), from punitive law suits that could be so devastating that the mere possibility keeps them from sharing, preserving or enjoying creative work.