The 'Orphan Works' Test . . .

Stock Asylum Staff Report
March 6, 2006

Anyone who thinks enactment of proposed "orphan works" legislation would cause few problems for image creators might want to take the Orphan Works Challenge in a new blog unveiled by Stock Artists Alliance (SAA) on this date.

In one of the first entries at the Orphan Works blog, the organization that represents rights-managed stock photographers pulled 144 images from 30 top web sites and asked readers to figure out who holds the copyrights to any of the images.

"See if you find the legal copyright holder for any of these images!!" challenged the stock photography organization. "Remember, these are some of the most highly visible images on the web."

SAA and other organizations representing visual artists have mobilized quickly to fight legislation proposed by the United States Copyright Office. The proposal would let publishers, museums and even advertisers freely use copyrighted materials when the copyright owner is unknown or cannot be found. Such materials have been dubbed "orphan works" by the Copyright Office. No federal legislation has been formally introduced, but a committee of the House of Representatives will hold the first hearings on the proposal this week

Since images are commonly used without attribution, organizations like SAA are very concerned about the possibility of wholesale infringement should the proposal become law without significant changes.

The groups are especially worried about vague language concerning the amount of effort that must be put into searching for copyright owners and provisions that could make it difficult or impossible for copyright owners to collect proper usage fees when the owners surface later.

SAA President David Sanger noted that none of the 144 images in the Orphan Works Challenge had embedded copyright information and only two had identifying information on the front of the image.

"One can be quite certain that almost all of the images, photographs and illustrations, are copyrighted," Sanger asserted. "Most are likely licensed from major stock agencies, perhaps under an exclusive licensing agreement. Most are likely model released. Some are of famous art works. Some are of movie stars. Some are corporate images, no doubt shot on an exclusive commissioned basis."

He pointed out that artists, photographers and other creators would not be the only ones potentially harmed by the proposed legislation.

"As the web site owner who paid perhaps four figures for home page usage, you'd have no recourse whatsoever, even if you had an exclusive license," Sanger said in the blog entry.

"As a corporation who had commissioned one of these images for corporate use only, you'd have no recourse either, if your custom image was 'orphaned.' Previously you could rely on the strength of the copyright law, knowing the photographer and you together could go after an infringement and collect damages."

 

Take the challenge at: http://www.orphanworks.blogspot.com

SAA's web site is at: http://www.stockartistsalliance.org

For previous 'orphan works' article, click here