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June 19, 2008 at 09:41:56     Permalink H.R. 5889, The Orphan Works Act of 2008, DESTROYS THE COPYRIGHT VALIDITY OF ALL ARTISTS Diary Entry by Professor Emeritus Peter Bagnolo (about the author)

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This act (H.R. 5889, The Orphan Works Act of 2008) if passed would render, according to those in the arts, all copyrights impotent. So, the result is if one is a writer, composer, novelist, journalist, painter, illustrator, logo designer, Musician, singer, sound mixer, chef, or any artist, your rights to the fruits of your labor are gone and so are your royalties. Do you want that?

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SPONSORED by House Judiciary Committee Intellectual Property Subcommittee Chairman Berman of California, full Judiciary Committee Ranking Member Lamar Smith of Texas, and Intellectual Property Subcommittee Ranking Member Howard Coble of North Carolina introduced the ORPHAN WORKS ACT OF 2008 on April 24, 2008. It limits the remedies in a civil action brought for infringement of copyright in an "orphan work." Which means any copyrighted material, which any corporation wishes to use, is fair game. It claims that only works which creator is "unfindable" can be taken and used for whatever purpose they wish without any royalty due the creator of that work. It amends Chapter 5 of title 17, United States Code, (Copyright law) by adding "§ 514. Limitation on remedies in cases involving orphan works."

Is this another means by corprate thieves to steal America away from those gifted and create chaos amoung the arts community so hated by the Right?

Section 514 is the new limitation on remedies which the Orphan Works Act will impose on any copyrighted work wherever the infringer can successfully claim an orphan works defense, meaning s/he cannot find the creator or copyright owner whether legitimate or adjudicated by courts to be conclusive. Overview (Petition)- The Orphan Works Act defines an "orphan work" as any copyrighted work whose author/artist, any infringer says he is "unable to locate" with what the infringer himself decides has been a "reasonably diligent search." This is a radical departure from existing copyright law and business practice, the U.S. Copyright Office has proposed that Congress grant such infringers freedom to ignore the rights of the author and use the work for any purpose, including commercial usage. In the case of visual art, the word "author" means "artist."

However, it is easily applied to: Musicians, composers, singers, sound mixers, writers, novelists, Columnists, logos, advertising slogans, paintings, illustrations, commercials, architectural work, news papers, blogs, recipes, spiritual art, religious, art, and any ethnic or native art, anything the mind of humans can create. If you think it is impossible to subtract an article from a newspaper, or a book from it's title and author guess again. It simply is an attempt to create further lawlessness and chaos among our people The Bill goes far beyond current concepts of fair use. As acknowledged by the Register of Copyrights it is written so broadly that it will expose new works to infringement, even where the author is alive, in business, and licensing the work. Moreover, this bill would substantially limit the copyright holder's ability to recover financially or protect the work, even if the work was registered with the U.S. Copyright Office before infringement. Even more than that it would create a massive amount of unnecessary work which would detract form the artist's vocation and s/he would spend countless hours chasing shadows to protect his work. The bill has a disproportionate impact on all artists of any sort because it is common for an artist's work to be published without credit lines or because others can remove credit lines for feckless or unscrupulous reasons. This is especially true of art published in the Internet Age. This, would force artists to risk their lives' work to subsidize the start-up ventures of private, profit making registries, using untested image recognition technology and untried business models. These models would inevitably favor the aggregation of any work of art in any field into corporate databases over the licensing of copyrights by the lone creators of the art. In the most common scenario of orphaning the unmarked image or sound, or written piece, there is only one way to identify the artist belonging to an unmarked works. That would be to match the art against an image-recognition database where the art resides with intact authorship information, which would become one-stop shopping centers for infringers to search for royalty-free work.

Any work not found in the registries could be considered orphans. There is no limit to the number of these registries or the prices they would charge artists for the coerced registration of their work. This would require an artist to bear the financial burden of paying for digitizing and depositing the digitized copy with the commercial registries. Most artists such as painters, illustrators and photographers are self employed, as are many other artists in film, music, writing and other fields-in fact anything which can be copyrighted is fair game for corporate thieves whose stealing is made legal. The cost and time-consumption to individual artists of registering tens of thousands of works, at even a low fee, would be prohibitive; therefore, countless working artists would find countless existing works orphaned from the moment they create them. The senate version S.2913 and the House version is HR.5889

The Copyright Office has stated explicitly that failure of the artist to meet this nightmarish bureaucratic burden would result in his work automatically becoming an "orphan" and subject to legal infringement. Here, again, is the link to petition to stopping the bill.

Who or what is the motivating power behind such a horror as this bill? Guess! Fascism, Neo-cons? You see, as I warned you long ago and forever since, The Bushites ARE the anti-Christ. They realize that much financial and critical support comes from the Progressives and Liberals in the arts and the vast majority of artists of all sorts ARE Progressives and Liberals. When God or nature bestows upon a man, woman, or child a great creative gift, with that gift most often includes the sensitivity it takes to recognize the vagaries and the subtlety in nature and art. Artists of every sort are keen observers, because they have to be, and they are trained to be and by their very gift they are born ro be so. The Anti-Christ forces, which supplant merely being The Anti-Christ, but are in reality Anti-God, Anti-Spiritual giftedness, anti-prophet, but pro-illicit profit. Their goal is the utter destruction of the God-Gifted artists. They hate and hold on contempt those favored with gifts, which includes athletes. If you will note, they have gone after with scant evidence all members of the arts and sports with lawsuits and skimpy, fringe, phonied, trumped up indictments, many of which I have correctly called as failing, here in these pages in many articles. They are aided and abetted by those who attack the messengers rather than perpetrators. The goal of the Fascist is the complete and utter chaos, because chaos causes everyone to run about defending themselves and their art, rather than practicing that art. They wish, because of their unholy envy, jealousy, contempt, derision and despising, of those gifted. Why do they act so? Jesus asked those who were about to stone the beautiful adulteress, "Why dost thou treat this woman so?" They do it for several reasons, because they can. And because of their envy and because for many of them, like Dick Cheney, while their bodies abide on Earth, there is where their soul and their conscience should be a wide gaping hole and that is because that conscience and that soul, because of present and past offenses from previous existences, are so foul, so steeped in constipated, human excrement, and the unbearable weight of that clogged, stuffed-upedness, that soul sinks into hell even as the body continues upon earth.

Only the avaristic, envious, insane people, (I do beleive thay Avarice, Greed is a form of insanity) and people completely infused with evil, spend their waking hours in vengeance, stalking, hatred, and "getting even," when those hours should be spent in helping others or in meditation and prayer for their own miserable souls. They know they are lost so they, like Hitler, do the most horrific and despicably inhuman, inhumane things hoping that such acts will make people take note of them, even those they purport to hate but which they actually hold in perverted sexual worshipfulness, otherwise why would that seek to be in incessant contact and seek unending approval from such people? They replace human love and empathy with profit which is what Matthew 2:16-18 referring to in the "Massacre of The Innocents," Matt: 21:33-46 the Parable of the Evil Tenants, and Luke 16:19-31 The flip side is often that they wish to destroy such people and/or themselves, in any and every way they can. The Orphan Works act is just such an endeavor which covers every part of their acts of self-destructiveness, destruction of those of which they are envious and making a profit while doing so, THEY, wish to steal the gift God gave YOU, out of hatred of Him, Contempt for Him and contempt and also hatred of those which God has gifted. Is this a simple and yet complex act composed of the most despicable men and their more despicable acts of indecency of avarice-which is the root of all evil? This is a part of the overall plan of the fascists, which are but an arm of what once the moving force of the Third Reich, which was defeated by FDR and Churchill and millions of courageous Americans, but which has come back fro the maggot infested hell to try again to overthrow the forces of beauty and goodness which are issued forth in sound and images from those God-Gifted, to destroy them and their sources of income which support the opposition to the Bushites, which are merely the latest version of Anti-God fascism. TAKE THE POLL. HERE AT OPEDNEWS

 

Professor Bagnolo has majored in: Cultural Anthropology, Architectural design, painting, creative writing. As a child prodigy, abed with polio for almost two years, he was offered an opportunity to skip three grades at age 8.
Later He was a (more...)
 

 

 
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