US Congress is currently debating legislation which will remove the penalty for copyright infringement if the creator of a work, after a diligent search, cannot be located. Libraries and archives are among the groups lobbying for the change to allow copying of so-called “orphan works”. The legislation would allow a rights holder who subsequently emerges to be paid the normal fee, but removes the currently costly statutory damages which rights’ holders can charge.
The Copyright Office proposal would have a disproportionately negative, even catastrophic, impact on the ability of painters and illustrators to make a living from selling copies of their work. This is because—unlike books, songs and films—works of visual art lack universally accepted titles that permit searching by name. And, the number of works by most artists typically exceeds the output of novelists, composers or script writers. Furthermore, it is easy for an illustration, drawing or image of a painting to become separated from any publication in which it has been reproduced and which may have identified the artist, especially in the internet age.
Thursday, June 19, 2008