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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