URGENT CALL TO ACTION – Orphan Works
Crying Wolf? This call to action is not like the boy in the fable who persistently raised the alarm about a non-existent threat, and was then not taken seriously when the real emergency took place. So this message is not a false alarm, but rather an urgent appeal for your voice to be heard in Washington on HR 5439, the Orphan Works bill, that has been introduced in the House.
Getting the word out is a joint effort by associations representing photographers, artists, illustrators, writers, and textile manufacturers, and it is vitally important for all members to participate. (If you need to review the potentially devastating effects of the Orphan Works legislation, please read APA’s Position Paper submitted to Congress in response to the Orphan Works Hearings.) PDF
The Orphan Works bill will be moved through the full Judiciary Committee just as soon as Rep. Lamar Smith, Chairman of the Subcommittee on Courts, the Internet and Intellectual Property, is able to make it happen. With only 24 hours notice needed to schedule the bill for markup and with Congress leaving for summer recess on July 29th, this is your call to action:
Please write your representative in the House and members of the House Judiciary Committee. A sample letter, instructions, and contact information is provided below. You can identify your representative by entering your zip code into http://www.congress.org/.
APA members in California, please take special note: Ranking Minority Member of the House Judiciary Subcommittee, Howard Berman (CA, 28th), and Subcommittee Member Darrell Issa (CA, 49th) are particularly sensitive to our interests.
In addition, Reps. Bob Goodlatte (VA, 6th) and Howard Coble (NC, 6th) have shown an interest in helping and Rep. John Conyers (MI, 14th) is especially responsive to the needs of writers. When you write these particular legislators, please thank them for their understanding and interest in the unique problems that the bill presents for creators of copyrighted materials, photographers, artists, writers and textile designers.
What to write: You can use this sample letter, but please note -- you must write your own introductory sentence. Let the recipient know if you are a constituent. You should also state your profession, and that you are opposed to the Orphan Works bill. Edit the letter as you like, copy and paste on your letterhead for faxing. Fax numbers and other contact details are listed at the end of the sample letter.
Thank you for urgent action!
Constance Evans, National Executive Director
____________________________________________________________________________________
Sample letter:
Date
The Honorable _________________
U.S. House of Representatives
Washington, DC 20515
Via Facsimile
RE: HR 5439
Dear Rep. _______________:
(INSERT YOUR PERSONAL INTRODUCTORY SENTENCE OR SENTENCES). HR 5439 is a radically new copyright bill that if enacted, will be devastating to creators of copyrighted works. It has been written so broadly that its use cannot be confined to true orphan works and will not serve the purpose for which it is intended, but rather will legalize infringement. In particular, I and other creators of visual arts, including photographers, artists, illustrators, and textile designers would be at risk of losing a substantial part of our income from licensing copyrighted works. Most commercial images are published without any attribution to their creators and are at great risk of becoming "orphan works." This fact is against the wishes and the commercial interests, but outside the control, of the creators. The basic approach of the Bill is fundamentally flawed. Its effect would be to create compulsory licenses for all works whose owners cannot be located. However, unlike all other compulsory licenses of copyrighted works, this license would often be free. This underlying unfairness would be retroactively applicable to all existing copyrighted works and fatal to the reasonableness of the Bill. I am urging your vote against HR 5439.
Instead of providing solutions to appropriately deal with copyrighted work whose creators are hard to identify or locate, the Orphan Works Bill, will instead legalize the commercial or non-commercial infringement of any work of art, past, present, and future, regardless of age, country of origin, published or unpublished, whenever a copyright owner cannot be identified or located, and will disproportionately cause harm to visual artists.
The Bill will permit users to infringe such work based on what the infringer considers a “reasonably diligent search.” It removes any significant penalties for infringement even though these penalties are the only means by which creators can protect their valuable copyrights.
In considering your vote on HR 5439, I implore you to think of the tens of thousands of small business owners across this country whose livelihoods are at stake because of this Orphan Works legislation. At the very least, the Bill should be amended to include these provisions:
1. Defines an Orphan Work as a copyright no longer managed by a copyright holder.
2. Defines precise steps a user must take before infringing the work.
3. Eliminates the unrestricted use of a copyrighted work in a “transformative” work.
4. Restricts the use of Orphan Works for the benefit of not-for-profits only.
5. Restores full remedies for infringement – this is the only means by which copyright holders can protect their intellectual property.
I cannot emphasize how devastating this legislation would be to my business if enacted in its current form. It is not an "Orphan Works" bill, but rather an opportunity to revoke the copyrights of creators of visual artworks and writers. I respectfully thank you for your consideration.
Sincerely yours,
--------------------
__________________________________________________________________________________
Instructions for Faxing:
If you do not know your local Representative's name, you can visit http://www.house.gov/writerep/ and enter your state and zip code.
Once you identify your Representative, go to http://www.house.gov/house/MemberWWW.shtmlto locate the Representative's home page using the alphabetical list. The home page will have a "contact" link for fax numbers and other info.
Members of the House Judiciary Committee
(R or D for Republican or Democrat, state and district represented, and fax numbers):
Rep. F. James Sensenbrenner, Jr. (R, WI-5th) (Chair, Judiciary Committee)
202-225-3190
Rep. Henry J. Hyde (R, IL-6th)
202-225-1166
Rep. Howard Coble (R, NC-6th)
202-225-8611
Rep. Lamar Smith (R, TX-21st) (Chair, Subcommittee on Courts, the Internet, and
Intellectual Property)
202-225-8628
Rep. Elton Gallegly (R, CA-24th)
202-225-1100
Rep. Bob Goodlatte (R, VA-6th)
202-225-9681
Rep. Steve Chabot (R, OH-1st)
202-225-3012
Rep. Dan Lungren (R, CA-3rd)
202-226-1298
Rep. William Jenkins (R, TN-1st)
202-225-5714
Rep. Chris Cannon (R, UT-3rd)
202-225-5629
Rep. Spencer Bachus (R, AL-6th)
202-225-2082
Rep. Bob Inglis (R, SC-4th)
202-225-1177
Rep. John Hostettler (R, IN-8th)
202-225-3284
Rep. Mark Green (R, WI-8th)
202-225-5729
Rep. Ric Keller (R, FL-8th)
202-225-0999
Rep. Darrel Issa (R, CA-49th)
202-225-3303
Rep. Jeff Flake (R, AZ-6th)
202-226-4386
Rep. Mike Pence (R, IN-6th)
202-225-3382
Rep. J. Randy Forbes (R, VA-4th)
202-226-1170
Rep. Steve King (R, IA-5th)
202-225-3193
Rep. Tom Feeney (R, FL-24th)
202-226-6299
Rep. Louie Gohmert (R, TX-1st)
202-225-5866
Rep. Trent Franks (R, AZ-2nd)
202-225-6328
Rep. John Conyers, Jr. (D, MI-14th) (Ranking Member, Judiciary Committee)
202-225-0072
Rep. Howard L. Berman (D, CA-28th) (Ranking Member, Subcommittee on Courts, the
Internet and Intellectual Property)
202-225-3196
Rep. Rick Boucher (D, VA-9th)
202-225-0442
Rep. Robert C. Scott (D, VA-3rd)
202-225-8354
Rep. Mel Watt (D, NC-12th)
202-225-1512
Rep. Zoe Lofgren (D, CA-16th)
202-225-3336
Rep. Sheila Jackson-Lee (D, TX-18th)
202-225-3317
Rep. Maxine Waters (D, CA-35th)
202-225-7854
Rep. Marty Meehan (D, MA-5th)
202-226-0771
Rep. Robert Wexler (D, FL-19th)
202-225-5974
Rep. Bill Delahunt (D, MA-10th)
202-225-5658
Rep. Adam Schiff (D, CA-29th)
202-225-5828
Rep. Linda Sánchez (D, CA-39th)
202-226-1012
Rep. Chris Van Hollen (D, MD-8th)
202-225-0375
Rep. Debbie Wasserman-Schultz (D, FL-20th)
202-226-2052
Rep. Jerrold Nadler (D, NY-8th)
202-225-6923
Rep. Anthony Weiner (D, NY-9th)
718-520-9010
