THE SENATE PASSED THEIR VERSION OF THE ORPHAN WORKS BILL;
THE HOUSE MAY FOLLOW SUIT IN A LAME DUCK SESSION
On Friday, September 26, 2008, the Senate passed their version of the Orphan Works legislation by hotline. While both the Senate and House versions of the bills would devastate the creative arts communities, the Senate version of the bill (S 2913) is much worse for our cause than the House bill (H.R. 5889). We are deeply concerned that the House Judiciary Committee might now abandon their version of the bill and adopt the Senate version during a lame duck hearing later this month. We are trying to reach members of Congress to implore them NOT to adopt the Senate version of the bill. Given the financial crisis our country is facing, surely this is not the time to risk our nation’s intellectual property as well.
THE ORPHAN WORKS BILLS OF 2008
The proposed Orphan Works legislation will drastically change American copyright law if passed as currently written. These changes will negatively impact visual artists of all disciplines as well as writers, musicians and filmmakers. There are two bills - one filed in the House (H.R. 5889) and one in the Senate (S. 2913-The Shawn Bentley Orphan Works Act of 2008). The Senate passed their version of the bill on September 26, 2008; the House could abandon their version and adopt the Senate version, or work with the Senate to pass legislation they both agree on.
The legislation has moved extremely quickly in both the Senate and House, and there has not been sufficient time allowed for those who it will impact to voice our concerns. Over 70 arts related organizations (click here for a list) as well as numerous individuals— photographers, musicians, art licensors, illustrators and other creators— are strongly opposed to these bills. We are working together to educate Congress about the potential impact of the legislation on our lives and small businesses. We are also trying to slow the legislation down until it can be subjected to an open, informed and transparent public debate.


