Re: Copyright change - orphaned work

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Alan presents a mighty heads-up:

: It would seem that the proposal makes fair game of any picture, in any
: medium without the owner's name on it.
:
: http://www.asmp.org/news/spec2006/orphan_faxcall.php



This is pretty much as things happen here in Oz..

"the MOST the copyright owner can get is "reasonable compensation," .. for
the use actually made. There is NO possibility of statutory damages or
attorneys' fees, even if the work was registered before the use .."


Yet

"If the copyright owner discovers the use and demands payment.. and the
infringer ceases the infringement .. after receiving notice of the claim
for infringement, no award of monetary relief shall be made."

Is unofficially often how it works .


It's not a nice situation and ensures photographers are kept at the bottom
of the food chain.

I wonder too if it will mean any photographic print you find/buy/own will
fall under the same proposed legislation, allowing anyone who wants to
start mass producing prints for sale after making the odd tentative but
unsuccessful phonecall?

If this goes ahead it will justify my unease and reluctance to expose my
images on the web.


k


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