Tentative Progress. . .

Stock Asylum Staff Report
March 10, 2006

Three organizations representing photographers and stock photography distributors have been invited to participate in closed-door meetings about proposed orphan works legislation that will be considered in Congress, it was disclosed in an American Society of Media Photographers (ASMP) communication.

Victor Perlman, general counsel and managing director of ASMP, told the organization's members that, though all is not well, congress has apparently taken notice of objections from visual artists and has invited ASMP, the Professional Photographers of America (PPA) and the Picture Archive Council of America (PACA) to participate in meetings with Congressional staff members and representatives of the U.S. Copyright Office, which proposed the legislation.

"The bad news is that the proposal is moving forward and it is moving forward quite rapidly. The chairman of the House Judiciary Committee, Lamar Smith, has said he wants the language finalized and a bill introduced by the end of March," Perlman said. "We have not gotten the major changes we hoped for and many members of the House committee are not especially sympathetic to our position. The Senate committee is not rushing quite so fast, but there, too, the clear intention is to pass a bill."

The proposed orphan works bill would let publishers, museums, advertisers and others use copyrighted materials when the copyright owner is unknown or cannot be found.

A number of organizations representing visual artists are concerned about vague language concerning the effort required to search for copyright owners. They also are worried about provisions that make it hard for copyright owners who surface after publication to collect royalties.

ASMP had asked photographers to send faxes to members of House and Senate committees that will consider the orphan works proposal. A number of other organizations also have asked their members to contact congress.

In his communication on this date, Perlman asked ASMP membership to temporarily stop sending faxes. "We have made our point. At some time in the future it will be time for a second round of pressure politics, but, for now, take a well-earned break."

"Of course we cannot count on the success of our legislative efforts. So, at the same time, ASMP is also investigating what technology solutions might be useful to photographers if this bill does pass," Perlman added.

 

The ASMP web site can be found at: http://www.asmp.org

PACA's web site is at: http://www.pacaoffice.org

The ASMP web site can be found at: http://www.ppa.com