Orphan Works Bill (HR 5439)
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Under current copyright law, a work is considered to be copyright immediately upon creation, and is the intellectual property of the creator. Under the new law, a work would be considered "orphaned" immediately upon creation and would not be considered copyrighted until it was registered at the copyright office for a fee of $30.
While thirty dollars may seem to many like an insignificant cost, there are many artists (the phrase "artists" will hereon be made to mean any creator of a work of literature, art or music) who could not afford to register every one of their works. If the Congress will consider that many freelance artists make no more than $10 a work, it will understand that a law such as this would cripple the freelance art industry.
Freelance artists depend on the uniqueness of their work in order to make money. Consider that under the new Orphan Works bill, an infringer would be able to modify a work in so simple a way as to not change the main body of the work and still have the work be legally considered "derivative" and therefore ineligible for prosecution under the law. The freelance artists would no longer be able to do business.
In light of these severe problems, we strongly urge the Congress to vote down HR 5439, the Orphan Works Bill of 2006. We are both registered voters and non-voters, however, we are all concerned with preserving the integrity of America's artists and their intellectual property.
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