Agree wholeheartedly with Mike. Both versions of this bill have serious problems. On the issue of reasonable compensation, keep in mind that NO compensation will be paid to copyright owners when the use was by a church or educational institution. So what happens when my photograph is used by some religious organization that I never would have granted permission to? At best, the court can tell them to stop the use. UNLESS of course, they have begun using my work in a derivative work...in that case, the court cannnot even stop them. I receive no compensation and the use continues...all by an organization that I never would have granted permission to to begin with.
Public databases...I can almost guarantee that there will be a fee to put your works into them and artists will not be able to afford that. Other than these databases, if a visual work has no copyright information on it, there is really on other way to search for the owner. It will become a necessary thing for artists to include their work in them.
Orphan works should see the light of day, but not under either of these bills.
Agree wholeheartedly with Mike. Both versions of this bill have serious problems. On the issue of reasonable compensation, keep in mind that NO compensation will be paid to copyright owners when the use was by a church or educational institution. So what happens when my photograph is used by some religious organization that I never would have granted permission to? At best, the court can tell them to stop the use. UNLESS of course, they have begun using my work in a derivative work...in that case, the court cannnot even stop them. I receive no compensation and the use continues...all by an organization that I never would have granted permission to to begin with.
Public databases...I can almost guarantee that there will be a fee to put your works into them and artists will not be able to afford that. Other than these databases, if a visual work has no copyright information on it, there is really on other way to search for the owner. It will become a necessary thing for artists to include their work in them.
Orphan works should see the light of day, but not under either of these bills.