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May. 9th, 2008

Update on the Orphan Works Act

FROM THE ILLUSTRATORS’ PARTNERSHIP



Backers of the Orphan Works bill are circulating their Talking Points:




“Neither the House nor the Senate drafts of the bill contain the word
“registries,” [they write] but rather they require users to search
non-governmental databases of copyrighted works. The purpose of any
database is not meant to take the place of copyright registration, but
to have a way to search for visual images. Any participation in such a
database would be voluntary.”




But this doesn’t mean what it appears to say. Take it point by point:




Talking Point #1: “Neither the House nor the Senate drafts of the bill contain the word ‘registries.’ ”

Response: Correct. They contain the word “databases,” a synonym:




Registry: register: an official written record of names or events or transactions

http://wordnet.princeton.edu/perl/webwn




Database: A database is a structured collection of records or data

http://en.wikipedia.org/wiki/Database




Q: Why a synonym?

A: Because international copyright law forbids member countries to
impose registries as a condition of protecting copyrights:
Berne/Article 5(2) ”The enjoyment and the exercise of these rights
shall not be subject to any formality.”
http://www.law.cornell.edu/treaties/berne/5.html




In other words, if they used the word “registries” in the bills, it
would be a red flag to other countries that the US is flirting with
non-compliance with international treaties.




Talking Point #2: “...rather they [the bills] require users to search non-governmental databases of copyrighted works.”

Response: Non-governmental databases” means databases maintained in the private sector.

For users to find your work in these commercial databases, your work would first have to be in the database.

Work not in the database would be orphaned.




Talking Point #3: “Any participation in such a database would be voluntary.”

Response: Congress cannot pass a bill making registration mandatory because that would violate Berne/Article 5(2).

And that would state explicitly to other countries that the US no longer intends to honor its international agreements.

There are red flags all over these talking points.




Summing up: The Orphan Work bills would mandate the creation of registries by commercial interests.

You would not be legally forced to place your work with these for-profit registries.

But failure to do so would orphan your work.




The deceptive talking points accompanying this bill are another red flag.




— Brad Holland and Cynthia Turner, for the Board of the Illustrators’ Partnership




Take Action/ Write Congress http://capwiz.com/illustratorspartnership/home/




Over 37,000 messages have been sent from the site in the last 48 hours. Please spread the word.




Please forward or post this announcement in its entirety to any interested party.

Apr. 29th, 2008

New Work: Leanan Sidhe

The Leanan Sidhe, or Fairy Muse, is both the blessing and bane of creative minds. Learn more about this dual nature fae in the near future, but for now enjoy your first glimpse.

leanan sidhe- the fairy muse

Prints available in the Store.

Apr. 27th, 2008

unicorn

New Work: Pixie

This tricksy pixie may look friendly and inviting but beware. Those who allow themselves to be pixie-led often never return.

Pixie

Prints available in the Grimm Visions Store

Apr. 23rd, 2008

Orphan Works Act

Orp
FROM THE ILLUSTRATORS’ PARTNERSHIP

Today the House and Senate sent us draft copies of the new Orphan Works Act of 2008. They haven’t officially released it yet, but we’ve been told the Senate will do so this week. A quick analysis confirms our worst fears and our early warnings. If these proposals are enacted into law, all the work you have ever done or will do could be orphaned and exposed to commercial infringement from the moment you create it. 

You’ve probably already heard Mark Simon’s webcast interview with Brad Holland. If not, please listen to it at:

Then forget the spin you’ve heard from backers of this bill. This radical proposal, now pending before Congress, could cost you your past and future copyrights

The Illustrators’ Partnership is currently working with our attorney - in concert with the other 12 groups in the American Society of Illustrators Partnership to have our voices – and yours - heard in Congress. We’ll keep you posted regarding how you can do your part. 

Please forward this information to every creative person and group you know. Mr. Holland and Mr. Simon have given their permission for this audio file to be copied and transferred and replayed.

For additional information about Orphan Works developments, go to the IPA Orphan Works Resource Page for Artists   

Mar. 20th, 2008

Ebay Auctions

4 Grimm Visions Auctions end in the next 6 hrs.

Don't lose out, visit the ebay store now.

Feb. 24th, 2008

Grimm Visions Ebay Sale

Check out the new Grimm Visions Auctions available on Ebay now.

Nov. 27th, 2007

unicorn

Grimm Visions 2008 Calendar now available.

The Grimm Visions 2008 Calendar is now available!

Get one today, just in time for the holidays.

2008cover.jpg

Nov. 14th, 2007

New Project Grimm Visions: First 3 issues available

A few months ago I launched a brand new website and a brand new project, Grimm Visions.

Grimm Visions are faerie tales set in a modern setting and inspired by the older original tales that weren't all pretty princes and happily ever afters. Check out the new site http://www.grimmvisions.com

The first 3 Issues are available....
Images and InformationCollapse )

Oct. 18th, 2007

New Work

Wow, I just realized I haven't posted anything in... well, forever. I'm trying to get better about keeping up with this stuff so here's a few pictures for now.

New ImagesCollapse )

Oct. 2nd, 2006

The Fairies Panties?

I don't know if any of you are familiar with the Devils Panties. If you aren't you should be. Its and semi-autobiographical online webcomic (and print comic) by Jennie Breeden. I've run into Jennie at a couple of cons now and after DragonCon I've made an appearance. Okay, well to be honest, Jeremy made it into Devil's Panties. I guess when you have a hot guy running around wearing nothing but a loincloth and wings and carrying a spear its only a matter of time.

Here he is... I guess he's the star, well he does look better in a loincloth so I guess that's fair.

http://devilspanties.keenspot.com/d/20060930.html

And, while not seen, he's still the topic of conversation.

http://devilspanties.keenspot.com/d/20061002.html

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