I got this today from another illustrator who like me makes her living from her artwork. It explains the whole Orphan Works situation very simply in layman’s terms. So for anyone who is not quite understanding what is is all about and how it affects the creative community, or for those looking to explain it to others in a simple way, feel free to read this and pass it on…

Below is the letter composed by Kathy Fincher with the intent for anyone to customize it to their own art business and then share with everyone you know. You are also welcome to send it out as is if you prefer.

The goal is to give a personal, simple explanation of how Orphan Works will affect everyone.

Kathy is considered the foremost inspirational artist in our country. She fights a continual battle with non-profits thinking they can use her work without permission or payment, due to the “message”…

September 30, 2008

Dear Friends…

During the weekend when most of our Senators were heavily involved in trying to save our economy, a small group of Senators managed to pass a bill that has been blocked for more than two years. It passed with most Senators never having read it nor realizing a vote was in progress. Now this new law is only a breath away from complete passage should the House agree, which could happen any day now. I hope you..re sitting down as I try to explain and unravel this complicated bill into everyday language. The Senate voted that — Without your knowledge, personal property may be used for someone else’s profit — and it will be legal. It gets worse — should you discover your property is being used by a stranger and you can prove it, the law makes provisions for them to continue using it and you may be required to work together and share the profits.! (Remember, I recommended that you sit down. It gets deeper) So if the personal property they are using is your livelihood, this new law may allow the perks of ownership to be shared! Ethically you may not like or agree with how your property is being used, but that is not addressed in this new law.

This new law passed by the Senate downgrades this particular property owner’s day in court. You will find that rather than capping the ability to collect damages, this new law says that the property owner may not sue for them even if they win the case! Attorneys are still scratching their heads with this one. How can you win a case, and still not collect attorney’s fees, damages, or even regain control of your property?

Does this sound like the America that you and I know?

The type of ownership that I am talking about is creative ownership or copyright. As an inspirational artist known for painting children, like other American artists, I have rested in knowing that today’s laws consistently follow a timeless principle, you cannot use something that does not belong to you. The House committee wishes to pass this legislation this week and this simple principle is being replaced with anyone that can’t seem to find me can use my paintings of children for themselves. They may even build a business around my hard earned work and talent. Here’s another way of saying it. “Anyone that sees and likes my work, but can’t find me, can use it.”

This law tells me that as a creative property owner, I must be available and not difficult to find. (Could you imagine someone legally using your car because you left it to do some errands? After returning, you discover someone has rented it out because they could not find you. You take him to court to make him stop and the judge follows the new laws and decides that it is your fault because you were too hard to find. The court will arrange for you to work together and share the profits.)

Should you wish to protect a child’s work or your own, this new law requires that you take the same necessary steps as professionals: make a digital file of the work, upload it to a privately held digital data bank (or many data banks), and add a description. No one knows how much this will cost or even if this system will work. But we do know that if you do the math, it is understandable why Google and Microsoft have been pushing these bills! The Small Business Administration reviewed the case and has addressed their concerns for artist’s small businesses.

We invite you to help us in our efforts to stop the House of Representatives from passing this horrible bill. (Notice I didn’t suggest that you send this letter to 10 friends. I get so tired of those emails.) If you love exclusive ownership, the ability to have your day in court, small businesses, the arts, parents rights, keeping good laws and not exchanging them for bad ones — if you are a crafter, quilter, writer, poet, song writer, sculptor, painter, graphic artists or any sort of creator — please read the information below as it is very easy to help us.

We wish to protect new and old pieces of art, whether created by professional hands, hobby hands, or children’s hands. All should be able to say without hesitation — “all mine”!

Blessings from a very concerned artist,

Kathy Fincher

If you want to know more about this bill, it is called the Orphan Works Act of 2008.
Individual artists, such as myself, and many art organizations representing more than 75 professional art groups with over half a million members; as well as artists from around the world, are growing daily as they realize we must fight for our livelihoods. America’s illustrators have taken the lead by fighting this bill for more than two years. They have an excellent website: http://ipaorphanworks.blogspot.com/ that explains things such as:

*How the name “orphan works” is deceptively being changed from its international definition of “deceased” artists to including “living” artists. Unfortunately this is working. The good parts of the bill (such as museums releasing archived art) are being broadcasted – but not the bad. Visit http://www.owoh.org with great info.

*Someone can take your artwork, make a few changes, file it into a database system, and sign their name on. It may then be claimed as their own personal property. (Similar to taking someone’s car, painting purple and then registering it as your own property.)

*This is a law that was originally designed to make museum’s and library’s archived work available to the public without fear of being sued. Artists support this, but as you will discover through research, legislation got carried away. Perfectly designed copyright laws are being rearranged.
http://www.owoh.org provides more information.

*We have made contacting your House of Representative very easy. Click on the link below and it will guide you through a speedy process. http://capwiz.com/illustratorspartnership/issues/alert/?alertid=11980321

Thank you so much if you have read this far. I encourage you validate what you have read by visiting those websites above.