Senate seeks to “orphan” more art

Pub date October 2, 2008
SectionPolitics Blog

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By Katie Baker

Thousands of visual artists wrote to Congress after the Senate passed the Orphan Works Bill (S.2913) on Sept. 27, urging their House representatives not to follow suit. As of now they haven’t, but the arts community is worried that the House will pass quietly behind the enormous economic issues currently distressing the country.

“Passing controversial legislation by this process, i.e. under the radar, is deeply troubling to say the least,” the Advertising Photographers of America wrote in an email alert last week. “Every Senator needs to be held accountable.”

The bill would deem “orphaned” any copyrighted work whose author can’t be located by a “reasonably diligent search.” Artists fear that vague standard could allow individuals and corporations to steals artwork for any personal or commercial purpose after going through the motions of search. The artwork could then to deemed part of the public domain, preventing creators from claiming ownership and compensation for their work.