Comments on: Orphan Works: A License To Infringe http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/ Welcome to Kings of A&R, the #1 music industry site in the world where fresh new faces get discovered Tue, 09 Mar 2010 00:52:03 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Berne Convention http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/comment-page-1/#comment-148358 Berne Convention Sat, 14 Jun 2008 12:39:09 +0000 http://www.kingsofar.com/?p=2045#comment-148358 That's certainly true Tyson, but the bills don't require the infringer to start their search with a legal copy of the work at issue--an illegal copy off of file sharing service will do just fine. None of those milions of works have a "legal line" or what you call a "copyright tag". That’s certainly true Tyson, but the bills don’t require the infringer to start their search with a legal copy of the work at issue–an illegal copy off of file sharing service will do just fine. None of those milions of works have a “legal line” or what you call a “copyright tag”.

]]> By: Tyson O'Donnell http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/comment-page-1/#comment-148027 Tyson O'Donnell Fri, 13 Jun 2008 17:20:38 +0000 http://www.kingsofar.com/?p=2045#comment-148027 I am an intern and have very little knowledge about copyright law and none on international law; however the point I'm trying to make is not that it is necessary to register all your works with a copyright office or other registry but rather is essential to protect your work. Whether this bill passes or not it is vital to protect your work by at the least making sure all who see it knows who it belongs to. May it be a copyright tag, creative commons license, or iCopyright Creators tag it is essential to communicate ownership. If no one knows who owns it, it’s really hard to ask permission to use it, thus increasing the likelihood of it being taken. I am an intern and have very little knowledge about copyright law and none on international law; however the point I’m trying to make is not that it is necessary to register all your works with a copyright office or other registry but rather is essential to protect your work. Whether this bill passes or not it is vital to protect your work by at the least making sure all who see it knows who it belongs to. May it be a copyright tag, creative commons license, or iCopyright Creators tag it is essential to communicate ownership. If no one knows who owns it, it’s really hard to ask permission to use it, thus increasing the likelihood of it being taken.

]]> By: HC http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/comment-page-1/#comment-147809 HC Fri, 13 Jun 2008 05:51:47 +0000 http://www.kingsofar.com/?p=2045#comment-147809 As the creator of a piece of music that was orphaned under existing sec 115 compulsory license your words ring true. Even though the infringement in questine is a best selling song, the royalties due in my case would never cover legal fees which is the bottom line reason that this song remains an orphan. The infringers know who I am and will not settle without expensive legal actions. Finding a lawyer to represent this case is almost impossable. Even though this proposed legislation might help in my case I can't endorse this type of license extended to other copyrightable works. I would hate to see the abuses it would cause and I would hate to other creators go through the pain that I have endured. As the creator of a piece of music that was orphaned under existing sec 115 compulsory license your words ring true. Even though the infringement in questine is a best selling song, the royalties due in my case would never cover legal fees which is the bottom line reason that this song remains an orphan. The infringers know who I am and will not settle without expensive legal actions. Finding a lawyer to represent this case is almost impossable. Even though this proposed legislation might help in my case I can’t endorse this type of license extended to other copyrightable works. I would hate to see the abuses it would cause and I would hate to other creators go through the pain that I have endured.

]]> By: Berne Convention http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/comment-page-1/#comment-147749 Berne Convention Fri, 13 Jun 2008 01:39:36 +0000 http://www.kingsofar.com/?p=2045#comment-147749 Unfortunately for you, Tyson, what you are describing is exactly what Professor Lessig wants, but violates the laws of the United States and international law. I'm glad to see someone who supports the copyleft is finally admitting that the Orphan Works Act effectively requires registration--and violates international law. Unfortunately for you, Tyson, what you are describing is exactly what Professor Lessig wants, but violates the laws of the United States and international law. I’m glad to see someone who supports the copyleft is finally admitting that the Orphan Works Act effectively requires registration–and violates international law.

]]> By: Tyson O'Donnell http://www.kingsofar.com/2008/06/11/orphan-works-a-license-to-infringe/comment-page-1/#comment-147694 Tyson O'Donnell Thu, 12 Jun 2008 21:03:53 +0000 http://www.kingsofar.com/?p=2045#comment-147694 You say "The reality is that for independent artists, the majority of your published works may well become Orphan Works. Even if you registered your songs or tracks at the Copyright Office, there is no mechanism for identifying you or your photograph or for locating you through those records, if the user does not know your name." This is not true and if you take steps to protect yourself your work will never be orphaned. A simple copyright notice, ©NameHere, will tell everyone who owns the work. An interactive tag is even better such as the one offered by iCopyright for Creators, http://©reators.iCopyright.com, which gives you an interactive copyright tag which when clicked on provides information about the creator and give access to instantly acquire various permissions and licenses. Not taking steps to protect your work is like leaving your car unlocked and running in a parking garage. The chances of it being stolen increase exponentially. As long as you protect your work, it will not be orphaned. You say
“The reality is that for independent artists, the majority of your published works may well become Orphan Works. Even if you registered your songs or tracks at the Copyright Office, there is no mechanism for identifying you or your photograph or for locating you through those records, if the user does not know your name.”

This is not true and if you take steps to protect yourself your work will never be orphaned. A simple copyright notice, ©NameHere, will tell everyone who owns the work. An interactive tag is even better such as the one offered by iCopyright for Creators, http://©reators.iCopyright.com, which gives you an interactive copyright tag which when clicked on provides information about the creator and give access to instantly acquire various permissions and licenses.

Not taking steps to protect your work is like leaving your car unlocked and running in a parking garage. The chances of it being stolen increase exponentially. As long as you protect your work, it will not be orphaned.

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