GAG Testimony . . .
Stock Asylum Staff Report
March 29, 2006
(Editors
note: Following is written testimony presented to the U.S House of Representatives'
Judiciary Committee, Subcommittee on Courts, the Internet, and Intellectual
Property about proposed orphan works legislation by the Graphic Artists
Guild.)
Graphic Artists Guild
90 John Street, Suite #403
New York, NY 10038-3202
212-791-3400
www.gag.org
John P. Schmelzer, National President
president@gag.org
Lisa F. Shaftel, National Advocacy Committee Chair
advocacy@gag.org
Tricia McKiernan, Administrative Director
admin@gag.org
14 March
2006
U.S.
House of Representatives
Committee On The Judiciary
Subcommittee on Courts, the Internet, and Intellectual Property
2138 Rayburn House Office Building
Washington, DC 20515
Re:
Oversight Hearing on "The Report on Orphan Works by the Copyright
Office."
Wednesday, March 8, 2006
The Graphic Artists Guild is currently working in collaboration with many other organizations representing American visual creators (illustrators, photographers, and other artists) to compose statutory language regarding orphan visual works that we would like amended to the Orphan Works proposal by the Copyright Office. We respectfully request that Congress give organizations representing visual creators more time. We agree with the request for an additional year made by David Trust of the Professional Photographers of America, who represented visual creators at this hearing.
The Honorable Howard Berman spoke of many of the concerns and issues that pertain uniquely to visual creators, and we are pleased that the Committee is aware of our unique circumstances. Included among our concerns are [but are not limited to]:
• Visual works are the least likely to have the artist or photographer's name on it, and are more likely to be orphaned, including very recent works.• Performing a "due diligent search" for an orphaned work where the author's name is known is a far different situation than searching for and orphan visual work where the artist's or photographer's name is not known; there is no realistic way to search for those images.• There is a big difference between non-profit use (and non-profit use without duplication of the work) and commercial or for-profit use, including derivative works.
