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Call to ACTION – Orphan Works Bill – Updated 5-21-08

I got this email from artist Michael Jantze (creator of “the Norm”) with a call to action on the possible changes to the copyright laws that will affect creative folks both professional as well as hobbiest.

Here’s a life and death issue for all of us. The Orphan Works Bill in front of congress…meant to strip us of our copyright and trademark rights as artists. Read more here and use the forms to send letters to your senators and representatives.

http://capwiz.com/illustratorspartnership/home/

Michael Jantze
Jantze Studios

The bill would make much of our work “Orphans” unless we registered them with a for-profit company. I urge you to read the information at the link and sign a letter to our congress people. This is going to be bad, I believe, if it passes.

To find out some more about the bill including a podcast, visit here.

EDITED UPDATE 5/21/08:

Thanks to artist Colleen Doran we have some more information. I think this sums up both some pros and cons of the bill. The idea of having a bill to deal with Orphan Works is not the issue as much as some of the other items that accompany the bill. This is from the folks at the Graphic Artist Guild who are focused on protecting the work of professional artist.

Press release, in its entirety.

Graphic Artists Guild Opposes Senate Orphan Works Bill

NEW YORK – The Graphic Artists Guild’s Board of Directors voted unanimously Friday to oppose the Senate’s passage of the Shawn Bentley Orphan Works Act of 2008 that significantly alters copyright protection rights. The Guild says the bill approved by the Senate Judiciary Committee is incomplete legislation, insufficient protection and indifferent to American workers.

The Guild has been advising members of Congress about the “orphan works” issue since 2006 and participated in discussions with the Copyright Office since 2005. The Guild withheld comment about the Senate bill until work was finalized. That position changed when the completed version was announced only hours before the Senate committee vote last Thursday.

“This is a disappointment,” Guild President John P. Schmelzer said, “We’re encouraging creative people from all industries to contact their senators to express their disapproval before the full Senate vote later this year.”

Orphan works legislation is intended to limit monetary rewards and injunctive relief to stop further infringement of copyrighted works for which the user has been unable to determine the identity of the copyright owner. The Guild and the artist community are concerned that the manner in which the limitations are imposed could produce an incentive for theft in the highly competitive industry that contributes $13 billion a year to the U.S. economy.

Guild leadership was pleased that lawmakers agreed with their recommendation to exclude artwork used on “useful items” such as textiles or wallpaper from being subject to the bill, but they say the measure otherwise has a long way to go before sufficiently protecting copyright owners.

The bill is incomplete because three key provisions the Guild sought to protect artists were left out. At the center of the controversy are the “best practices,” “database certification” and “notice of use” clauses.

When artwork is being considered for use but the artist’s identity is unknown, the bill’s provisions state the user is to attempt to locate the artist by following the best practices outlined by the Register of Copyrights. These practices have not yet been drafted however, and the bill will go into effect prior to their adoption.

The bill also references a database that’s supposed to make the search for copyright owners possible, but no such database exists for graphic, pictorial or sculptural work. There are no plans for the Copyright Office to create this database, and Congress cannot mandate one be made by a private company. In this case, no matter what best practices the Copyright Register might determine are appropriate for finding a copyright owner, the capacity to do so is not possible at this time.

The Guild proposed a further compromise that the legislation include a publicly accessible “notice of use” filing statement. This provision requires an individual or organization to submit a copy of the visual work believed to be orphaned to the Copyright Office prior to using it.

The Copyright Office would then post the filed information on the Internet so copyright owners could review the website and self-identify themselves as the owner. The virtual “lost and found” department would additionally ensure bad actors could not falsely assert they fulfilled the diligent search requirement of the law prior to using copyrighted work.

The Guild says copyright law was established to protect the creative community that made America the inventive capital of the world. The bill in its current state does too much to protect the interests of possible infringers and reduces protection for creators. The measure is indifferent to artists because it fails to take into consideration the long-term effect to the income potential for a workforce whose yearly median income is only $39,900 according to the Bureau of Labor Statistics. People who use artistic works, such as advertising and promotion managers, make a median average of $73,060 per year.

Guild Administrative Director Patricia McKiernan says the group will remain engaged to resolve these high priority shortcomings of the legislation.

“Copyright protection is an important issue for our membership and the economy they serve,” McKiernan said. “When anyone’s economic rights are reduced, it has enormous implications for the country as a whole. We will remain steadfast for the artist’s interests and this important industry.”

Write to the US Senate about the Orphan Works Act now!
Take Action!

Urge the Senate to protect creators’ rights on S. 2913

“The Shawn Bentley Orphan Works Act of 2008″ S. 2913 has passed the Senate Judiciary Committee, and has now moved to the full Senate for a vote. We were unable to achieve significant changes to the bill to better protect the rights of visual creators and rights holders.

Now is the time to write to Senators. The bill may still be amended while under debate of the full Senate. Write to Senators and urge them to amend the bill, and ask them to vote against the bill if it is NOT amended.

Click on this link for a sample letter to use. You may also personalize your own letter. The letter will automatically be emailed to the US Senate. We recommend you also print out the letter and mail it.

Thank you for taking action!

May 7000 BC Meeting

Sunday, May 11 | 2:00 | Winning Coffee Company and Brickyard Pizza | Albuquerque, NM

The next 7000 BC meeting will be Sunday, May 11 at Winning Coffee Company at 111 Harvard Dr SE at 2:00 in the afternoon. We’ll be working on a jam and discussing conventions, education programs, and ideas for a new anthology. Around 5:00, the meeting will move around the corner to Brickyard Pizza at 2216 Central for dinner.

Send an email with any questions. New members and interested folks are always welcome

Teach a Cartooning Workshop

I met someone from the Franklin Library at MicroCon the other weekend who is looking for cartoonists who want to teach some one hour workshops at the library. Read more below for the info.

Here’s a little more information about the workshop I hope to have at the Franklin Library this fall:

The Franklin Library is a small community library located just south of downtown Minneapolis. Because many of the children who visit Franklin enjoy drawing and reading comic strips and manga, we are hoping to offer a cartooning workshop series this fall. We are looking for cartoonists to teach the one hour sessions. Our session topics include: Making Faces & Bodies; Drawing Everyday Objects; Drawing Animals; Writing Jokes.

We are able to provide paper, pencils, fine point markers and rulers for the children. Unfortunately, we are unable to offer any pay for the instructors. This would be a one-time volunteering opportunity greatly appreciated by the children that we serve. The class make-up would be 10-20 children aged 10-18. The workshop would be held on Fridays at 4 pm sometime in September or October.

I would be happy to visit one of your open studio events to talk to interested cartoonists in person.

Thank you for your help!

Johannah Genett

Youth Services

Franklin Community Library

1314 East Franklin Avenue

Minneapolis, Minnesota 55404

(612) 630-6803

email: jrgenett at hclib dot org

Sat. Open Studio, May 3, noon to 4 p.m.

Saturday Open Studio
The perfect end to a busy week
Sat., May 3, noon to 4 p.m., MCBA bindery (the high tables)

Has there ever been a week so packed? Sunday: Micro-Con. Tuesday: Grand Theft Auto IV, Thursday: Jam at Diamond’s Coffee, Friday: Lutefisk Sushi opening gala (and the opening of the “Iron Man” movie), Saturday: Free Comic Book Day and finally, Sat. Open Studio.

If you can muster the strength, please join us at the Minnesota Center for Book Arts for cartooning and talk. If you can’t find us in the MCBA building, ask the friendly person working in the MCBA bookstore. This is open studio time — all are welcome.

Minnesota Center for Book Arts
(Just down the street from Big Brain Comics)
1011 Washington Ave S, Suite 100
Minneapolis, MN 55415
Phone: 612-215-2520

Upcoming Open Studio dates:
June 6 Bindery (high tables)
July 19 Flexi Space
Aug 2 Bindery (high tables)

SAM HITI class @ Book Arts

Developing Comics 101
with Sam Hiti
Wednesdays, May 7 & 14; 6-9pm
Saturdays, May 10 & 17; 12-5pm
All skill levels welcome

Sam Hiti is an independent comic book creator whose credits include
work for
Nickelodeon, Disney and The New York Times, and his work is being
courted by
major Hollywood studios for possible live action films. Learn Sam¹s
theory
and process in developing ideas for comics and breaking down the key
stages
of making a comic book, minicomic or graphic novel.

$225 ($200 members) + $5 supply fee

Thank you! Again- if someone mentions the Comic Conspiracy when
registering,
we’ll wave the supply fee!

MPLS vs STPL

The jam the Minneapolis cell did in February–“MPLS vs STPL”–will be on display all month at Altered Esthetics Gallery in lovely Northeast Minneapolis as a part of their show entitled–surprise–“MPLS vs STPL”.

The opening is TONIGHT–Friday April 4th–so go check it out tonight or sometime this month.

And remember, next month at Altered Esthetics—LUTEFISK SUSHI C!!!

 Altered Esthetics
1224 Quincy St. NE
Minneapolis MN 55413
612.378.8888
alteredesthetics.org

Gallery Hours
Tuesdays & Thursdays 1pm-7pm
Saturdays 1pm-5pm

Opening Receptions:
Every First Friday 7pm-10pm

Sat. Open Studio April 5, noon – 4 p.m.

Saturday Open Studio
Spring frolic
Sat., April 5, noon to 4 p.m., MCBA bindery

Please join us at the Minnesota Center for Book Arts. Use the time to push your cartooning project forward a bit, or just gab. If you can’t find us in the MCBA building, ask the friendly person working in the MCBA bookstore. This is open studio time — all are welcome.

Minnesota Center for Book Arts
(Just down the street from Big Brain Comics)
1011 Washington Ave S, Suite 100
Minneapolis, MN 55415
Phone: 612-215-2520

Upcoming Open Studio dates:
May 3 in the Bindery (high tables)
June 7 in the Bindery (high tables)
July 19 in the Flexi Space
Aug. 2 in the Bindery (high tables)

Will Dinski to teach “Mini-Comics” at Book Arts

Minicomics as Artist Books
with Will Dinski
Mondays: March 24, 31, April 7, 14
6-9pm
All skill levels welcome

With so many new comics going directly to the web, many minicomic
creators
have started making higher quality books with a lower print run.
Screen-printing, letterpress, inkjet as well as photocopying are three
trusted printing techniques of these artists. This workshop will review
these techniques and discuss their usefulness as a storytelling
vehicle. By
the end of the four weeks, students will have crafted their own
minicomic.

$170 ($155 members)
$10 supply fee
Mention the CARTOONIST CONSPIRACY to waive the supply fee.