Colleagues:

While many of us may not be CAA members I hope you will take the time  
to read this forwarded CAA post and send a letter to your  
congressperson. For more information go to the RARIN website

Thanks in advance for your support of this important revision to the  
copyright law!

Suzanne Quigley
RC-AAM RARIN co-chair

As you know, CAA has been working very hard this year this year to  
get the U.S. copyright law revised, to make it less risky and  
confusing for authors, artists, scholars, libraries, and museums to  
use "orphan" copyrighted works in publications and in artworks. These  
are works that are still in copyright but for which no copyright  
holder can be found.


Last year we contacted you to ask for your help in giving us examples  
of the problems you encounter when you, as artists and scholars, seek  
to use such works—and dozens of you responded fast, with emails and  
comments that were extremely helpful. In fact, in recommending that  
the copyright law be changed to facilitate the use of orphan works,  
the U.S. Copyright Office’s report repeatedly cites CAA’s comments in  
recommending changes to the law!


Based on that report and the efforts of CAA and other organizations,  
the U.S. Congress is now considering a bill, H.R. 5439, the Orphan  
Works Act of 2006, to address this problem. In a nutshell, if a user  
of an “orphan work,” does a reasonably diligent search to locate the  
copyright owner, and is unsuccessful in doing so, the risks of using  
that work are greatly reduced.

H.R. 5439 is now pending in the House of Representatives Judiciary  
Committee. We have just received word that now is the time to write  
to members of that Committee and to your own Congressional  
Representatives to support and urge enactment of H.R. 5439 during  
this Congress. (Later, we may ask you to write to members of the  
Senate, too.)


We all get lots of requests asking for our action on many political  
issues that we care about. On this issue, your letter will make a  
real difference, and have serious influence, because it's not an  
issue on which Congress Members will get many communications (other  
than letters from certain constituencies opposed to making it easier  
to use orphan works). And because scholars and artists face this  
problem every day, your letter can speak directly to the problem.


Click HERE to send a customized message to your Member of Congress  
and/or to the House Judiciary Committee.

You do not need to know the name or address of your Representative;  
just type in your zipcode at the website and follow the instructions.  
A template letter will appear, which you can revise or add to. Please  
customize your letter!


If you have examples of problems you have had trying to clear  
permission for use of orphan works, please include them! You can see  
examples of other CAA members’ problems with orphan works at this  
link: CAA Orphan Works Comments. (Quotes from CAA members are marked  
with % bullets throughout that text, beginning on its p. 9.)

Here are some talking points specifically for artists and art scholars:

~As an [art historian/artist/scholar], I use, or want to use, orphan  
works. [Give examples.]


~ H.R. 5439 will make it easier for me to use orphan works and will  
make a major difference to my work. [Give examples.]


~Please don't water down H.R. 5439or let changes be made to the  
current wording. It is a balanced compromise.


~ I am an author/artist. I create work to which I hold copyright. I  
do not believe that this legislation will put my copyrights at risk,  
or expose me to a greater risk of infringement.


~Please support the bill and do what you can to have it be passed in  
this Congress.


Please do this right away! It could make all the difference!


Questions about the bill or this process? Please don't hesitate to  
email me at [log in to unmask] The College Art Association has  
been closely involved crafting the bill and supports it bill  
strongly. As an association we actively support artists and authors  
in asserting and protecting their copyrights. We do not believe that  
this legislation offers any risk to working, living artists, or their  
estates. It solves a terrible problem that you all face every day, as  
scholars and artists.


Thank you very much!

Eve Sinaiko

Director of Publications

College Art Association


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