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UK Photographers help stop the Orphan Works Bill

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  #1  
Old 03-22-2010, 05:22 PM
risenshine risenshine is offline
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UK Photographers help stop the Orphan Works Bill

You think you own your own photographs? Think again.

http://www.stop43.org.uk/

Disappointed in this bill help fight it by writing, emailing, calling your local MP

( sorry if comes across as spam!)
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Old 03-23-2010, 05:23 AM
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flexmanta flexmanta is offline
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Re: UK Photographers help stop the Orphan Works Bi

Wait a minute. Is this serious? Where would a uk company get a photo to use commercially, the internet? If so, how would they make sure that the image was taken by a Uk photog to stay legal?
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Old 03-23-2010, 09:47 AM
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Re: UK Photographers help stop the Orphan Works Bi

It would probably be appropriate if you posted the actaul text of the bill or a link to it, otherwise you are only presenting your version / interpretation of it and most likely not all the facts. The term "Orphan" implies either abandoned or a progenitor with no apparent ancestoral roots. In today's fast paced digital world, to a large degree creators / owners of digital images can crank the stuff out at 6 frames per second but how many take the due diligence to identify and protect their work. How many enter ownership, copyright,contact, and traceability info into the Meta Data fields? How many people use embedded digital watermarks or other unique identifies? How many people release into the binary ubiquity, high res images without visible watermarks. BTW, I have not seen the text either but I suspect the Bill has been introduced to inject some accountability and prevent current practices and trends from crippling the legal system, and is not intended to legalize the theft of photographic content.
Regards, Murray
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Old 03-31-2010, 04:56 AM
risenshine risenshine is offline
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Re: UK Photographers help stop the Orphan Works Bi

Hi Murray

thanks for your reply:

THE PROBLEMS IN DETAIL
CLAUSE 43:
• removes the right of each individual creator and copyright owner to market their work to the clients they choose, for the uses they choose, at the price they have set
• In so doing it destroys any guarantee of exclusive use, and
• It breaks the contractual ties between models, their agencies, property rights holders, photographers and clients, because
• images will be used in ways that rights holders would have forbidden, had they known beforehand
• It says that images can be declared orphan after a "diligent search" for the owner without recognising the practical impossibility of such a search
• It proposes that images should be licensed at "the market rate" while ignoring the impossibility of determining such a rate for any specific image
• It proposes a scheme for managing orphan works that is not limited to orphan works
• Extended Collective Licensing tries to solve an imaginary problem. Current licensing practice for copyright works is not over-complicated and does not require simplifying. Except in the most exceptional circumstances it is not true that users of copyright material cannot be required to clear rights individually. Mandatory moral rights assertion would facilitate picture licensing as it does in Germany
• It makes no distinction between "cultural" and other exploitation of works
• It breaches UK commitments under international copyright and trade laws
• It entirely fails to recognise that the owners of "orphan" works may not be UK-based, but based in places such as the USA which have a strongly litigious culture, and therefore
• It exposes licensees of works declared as orphans in the UK to litigation from their foreign owners
• It contains no mechanism to irrevocably establish copyright in a work via mandatory attribution; or to prevent deliberate orphaning, and no effective sanctions against those who so do
• No consideration has been given to the necessary practicalities to underpin the legislation
• It could have a strong chilling effect on the UK ad industry as multinationals shun UK agencies, photographers and shoots because we will no longer be able to guarantee exclusivity (our work can be orphaned and used by others beyond our control) and those multinationals seek to avoid their campaign assets becoming orphaned
• Its regulations are to be enacted in secondary legislation without proper scrutiny of these problems by MPs

taken from the link i posted above, If i create work I retain copyright full-stop. and yes i do make sure my work is watermarked where suitable, and intend on registering my work. Links I have found helpful on keeping your images yours!

http://www.useplus.com
http://www.copyrightservice.co.uk
http://www.iptc.org/cms/site/index.html?channel=CH0089
http://asmp.org/tutorials/brief-history-copyright.html
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Old 03-31-2010, 08:46 PM
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mistermonday mistermonday is offline
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Re: UK Photographers help stop the Orphan Works Bi

Risenshine, I can see that you copied all of the above brainwash from that stop43.org web site but I not sure on which planet it was imagined or deliberately manufactured, or perhaps someone's testing out a new psychedellic substance. Go to www.parliament.uk and download the bill. I read clause 43 and it is nothing like all that crap you pasted in. I have worked on enough legal documents to understand 43 pretty well. I suggest you download it and read it yourself - very carefully.
Regards, Murray

Last edited by mistermonday; 04-01-2010 at 06:18 AM.
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  #6  
Old 04-01-2010, 03:20 AM
risenshine risenshine is offline
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Re: UK Photographers help stop the Orphan Works Bi

Christ, who's been brains-washed seriously?! I have read the bill, stop43 three makes easier to understand, remember why i hate posting on forums, no faces so its easy to make pointless arguments.... whatever!
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