Re: Interllectual Propery issues

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Suggest you spend some time with google getting acquainted with orphan works pro and con.

http://orphanworks.blogspot.com/

Also, suggest you study internet standards for metadata. Currently it's only possible to get metadata to adhere to works on the internet when put there by the creators. The major image editing application strips it out when creating its galleries, all the lower end ecommerce sites strip it out, most of the popular image sharing sites strip it out, although I believe Flickr leaves it in. Some of the American newspapers I've taken images from leave it in and some strip it out.

And look into the Stock Artists Alliance

http://www.stockartistsalliance.org/

The US copyright office has a proposal for orphan works legislation which does not include funding for a searchable visual database, and may still include terms which emasculate US copyright infringment law.

Outside the US you also need to consider what sort of historic tradition you nation has of the purpose of copyright. Unfortunately, here in the US, we have a term in our Constitution which specifies that copyright must eventually devolve into public domain, thus robbing heirs of the right to control usage of creations of their elders.

The most positive thing that could happen for copyright, in my opinion, is for the laws governing collusion on setting prices to be adjusted so that independent creators could form negotiating organizations. At present in the US (at its most extreme) if any two creators can be proven to have discussed their fee for similar services or usage they can be sued for price fixing. This discourages newcomers from charging competitive rates and discourages experienced artists from comparing contractual offerings from prospective clients.

You will need also to look carefully into the contracts offered by the major news and stock organizations as well as the monopoly relationships between organizations like Getty, the American national sports organizations and the major press agencies.

Finally you need to be fully informed about the Creative Commons movement and think carefully about the impact that giving away usage of creative effort has on those who actually need to make a living.

Talent comes to many, and not all of those choose to make a living at some of their skills. A truely level marketplace, where the talented who were offered the opportunites and knew how to make the best of them could make a decent living whether they also were otherwise employed or not, should not be stressed by those otherwise employed giving away their work.

--
Emily L. Ferguson
mailto:elf@xxxxxxxxxxxxxxxxxx
508-563-6822
New England landscapes, wooden boats and races
http://www.landsedgephoto.com
http://e-and-s.instaproofs.com/


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