Do you like the random, generally unrelated images I post on this blog?

Well, get this: Under proposed Orphan Works legislation, I would have to register each and every image I posted with a privately-owned database in order to protect my (and by “my” I usually mean “Mike’s”) copyright. No doubt, I would have to pay to register each and every image, and that, my friends, will not happen. I can’t fathom being able to afford to pay for every image on this blog, my Web site, etc.

But if current legislation passes, and I didn’t register each and every image with the private database (or perhaps 2 or 3 or 46 or however many people/companies decide to cash in on the legislation), anyone could claim they couldn’t find the owner, and then use any image for any purpose.

Jane Designer could take any unregistered image and make a needlework pattern out of it then register her pattern with the databases and claim ownership.

Mega Company could take any unregistered image and build a multi-million dollar advertising campaign out of it, registering it in their name.

Sleazy XXX, Inc. could take my unregistered mug from the About page and…ACK! No one wants to see that!

Think I’m being dramatic? That since the images are on my Web site that the owner is obvious?

Right now, one of Mike’s fox images is being used by some kid for a Neo Pet. It was swiped from our Web site. I could contact the site and have the image removed because it is a copyright violation, but I choose not to do that. It’s a kid and a Neo Pet, for crying out loud. Under current proposed legislation, someone seeing that image probably would not be able to identify the owner and the image could be considered “orphaned” and thus up for grabs.

Have you ever posted a picture on the Internet?

It’s a croc! But those future privately-owned companies want this, and they’ve got money and contacts and really loud voices.

If you live in any of the states below, I urge you to call your representative. These are members of the House Judiciary Committee marking up the House bill (HR5889) right now.

Don’t know what to say? Say this (words from Joanne Fink, Lakeside Design):

May I please speak with the person who is advising the congressman/woman on the Orphan Works legislation (HR 5889)?

I heard the bill is scheduled to be marked up this week, and I would like to have the congressman share my concerns with his/her colleagues.

1. The bill will basically allow anyone to use a design for any purpose— without the copyright holder’s permission – after performing a vaguely defined ‘reasonable search’. This is problematic because looking for the copyright holder on an unidentified image, no matter how reasonably or diligently the search is handled, is tantamount to looking for a needle in a haystack.

2. The bill will allow an infringer to create—and copyright—a derivative work.

3. The bill requires the implementation of a visual arts database that does not currently exist. While it does not require artists to register their work on this database, any work that would not be included on the database could easily be ‘orphaned’. This is a catch 22; the legislation only makes sense if there is a reliable way (such as a visual arts database) to trace a piece of art—without that ability the net effect will be to CREATE millions of orphaned works—but there currently is NO reliable way to trace a piece of art.

4. The biggest problem is that the legislation is scheduled to become effective whether or not the required databases ever come into existence, as it is scheduled to take effect on the EARLIER of: January 1, 2013, or when the copyright office certifies the existence of at least two independent, searchable databases. In order to be meaningful, the effective date should—and MUST— be tied to the implantation of searchable databases.

Alabama

Hon. Arthur Davis (D)

202-225-2665

Judiciary LA- Chanelle Hardy

Arizona

Hon. Trent Franks (R)

202-225-3951

Judiciary LA- Jacki Pick

California

Hon. Howard Berman (D)

202-225-4695

Judiciary LA- Julia Massimino

—–

Hon. Elton Gallegly (R)

202-225-1100

Chief of Staff- Joel Kassiday

—–

Hon. Darrell Issa (R)

202-225-3303

Judiciary LA- Jason Scism

—–

Hon. Zoe Lofgren (D)

202-225-3072

Judiciary LA- Erik Stallman

—–

Hon. Daniel Lungren (R)

202-225-5716

Special Asst- Marilyn Erbes

—–

Hon. Linda Sanchez (D)

202-226-1012

Judiciary LA- Monica Fawzy

—–

Hon. Adam Schiff (D)

202-225-5828

Judiciary LA- Phil Tahtakran

—–

Hon. Brad Sherman (D)

202-225-5911

Judiciary LA- David Pretwood

—–

Hon. Maxine Waters (D)

202-225-2201

Judiciary LA- Tamia Scott

Florida

Hon. Tom Feeney (R)

202-225-2706

Judiciary LA- Jeff Murray

—–

Hon. Ric Keller (R)

202-225-2176

Judiciary LA- Karas Pattison

—–

Hon. Debbie Wasserman Schultz (D)

202-225-7931

Judiciary LA- Jon Pyatt

—–

Hon. Robert Wexler (D)

202-225-3001

Chief of Staff- Eric Johnson

Georgia

Hon. Hank Johnson (D)

202-225-1605

Scheduler- Kiona Daniels

Illinois

Hon. Luis Gutierrez (D)

202-225-8203

Judiciary LA- Greg Staff

Judiciary LA- Susan Collins

Indiana

Hon. Mike Pence (R)

202-225-3021

Judiciary LA- Josh Pitcock

Iowa

Hon. Steve King (R)

202-225-4426

Judiciary LA- Luke Holst

Massachusetts

Hon. William Delahunt (D)

202-225-3111

Scheduler- Doug Gascon

Michigan

Hon. John Conyers, Jr. (D)

202-225-5126

Chief of Staff- Cynthia Martin

Minnesota

Hon. Keith Ellison (D)

202-225-4755

Judiciary LA- Lara Cole

New York

Hon. Jerrold Nadler (D)

202-225-5635

Judiciary LA- Carole Angel

—–

Hon. Anthony Weiner (D)

202-225-6616

Scheduler- Michael Marcy

North Carolina

Hon. Howard Coble (R)

202-225-3065

Judiciary LA- John Mautz

—–

Hon. Melvin Watt (D)

202-225-1510

Judiciary LA- Alyssa Gowens

Ohio

Hon. Steve Chabot (R)

202-225-2216

Judiciary LA- Kim Betz

—–

Hon. Jim Jordan (R)

202-225-2676

Scheduler- Melissa Evens

—–

Hon. Betty Sutton (D)

202-225-3401

Judiciary LA- Angela Schoonover

Tennessee

Hon. Steve Cohen (D)

202-225-3265

Judiciary LA- James Park

Texas

Hon. Louie Gohmert (R)

202-225-3035

Chief of Staff- Michael Tomberlin

—–

Hon. Lamar Smith (R)

202-225-4236

—–

Hon. Sheila Jackson Lee (D)

202-225-3816

Chief of staff- Linda Chastang

Utah

Hon. Chris Cannon (R)

202-225-7751

Chief of staff- Joe Hunter

Virginia

Hon. Rick Boucher (D)

202-225-3861

Judiciary LA- Chris Davis

—–

Hon. Randy Forbes (R)

202-225-4426

Chief of staff- Dee Gilmore

—–

Hon. Bob Goodlatte (R)

202-225-5431

Judiciary LA- Branden Ritchie

—–

Hon. Robert Scott (D)

202-225-8351

Chief of staff- Joni Ivey

Wisconsin

Hon. Tammy Baldwin (D)

202-225-2906

Judiciary LA- Amber Shipley

—–

Hon. James Sensenbrenner (R)

202-225-2 5101

Judiciary LA- Michael Lenn

Visit the Orphan Works Opposition Headquarters to learn more, sign a petition, or send an email to your senators/representatives. You don’t have to be an artist to participate; you just have to appreciate it.