There is a great deal of information floating around the internet about the Orphan Works legislation that is now pending before Congress. I’ve received many many letters on the writings I’ve posted here from people of stature, or of note who wrote things from “articulate, balanced and makes some great points“, to “borders on ‘egregious’“, … Read more
The orphan works dilemma needs to be solved. Just not this way. Museums and libraries find their missions frustrated by an inability to identify and contact rights holders. As a result, important works are unavailable to the public, and aging, disintegrating works cannot be preserved by duplication, which might violate the rights of unknown rights … Read more
Boy, I’d wish I’d written that line, but it belongs to the Editorial Photographers – UK, who’s author, Tony Sleep wrote it (Why the Orphan Works Act is Uncle Sam’s thieves’ charter, 4/27/08). I’ll say that I’ve been very involved in the dialog about Orphan Works, and one of my biggest concerns has been, and … Read more
I used to take offense and get all worked into a lather when I heard stories about reporters being given cameras. I’d rant and rave, and now, I just laugh. A tossed-back head type of a laugh, usually coupled with a hearty “good luck”. How else to respond to such an absolutely absurd suggestion? A … Read more
Commentary and analysis begins:As of {Month}, {Day}, 2008, {publication} owned by CondéNet Inc. (“Company”) and (“Freelancer”) agree as follows: Version OL1Version OL2 1. Scope of Agreement/Services: This agreement will govern each assignment performed by Freelancer for any current or future service owned or operated by Company and all photographs, illustrations, or other visual works or … Read more
Commentary and analysis continues:Version OL1Version OL22. Exclusive Rights: Freelancer owns the copyright in the Works and hereby grants to Company the exclusive first worldwide right to reproduce, publish, transmit, disseminate, display, perform, or otherwise use each Work, which exclusivity lasts until ninety (90) days after the initial publication or public dissemination of the Work by … Read more
Commentary and analysis continues:Version OL1Version OL23. Other Rights:Freelancer also grants Company, for the full term of copyright, the non-exclusive right to reproduce, publish, transmit, disseminate, display, perform, or otherwise use any of the Works, the right to make and authorize the making of reprints or stand-alone copies of the article or feature including the Works … Read more
Commentary and analysis continues:Version OL1Version OL24. Syndication Rights: Freelancer further grants Company the non-exclusive, unrestricted, royalty-free right, for the full term of copyright, to syndicate and/or license the Work to one or more third parties throughout the world in all languages, to retain third parties to do so and to retain all proceeds therefrom. The … Read more
Commentary and analysis continues:Version OL1Version OL25. Miscellaneous Rights: Company has the sole discretion to decide whether, when, and how to publish any Work and the right to crop, retouch and otherwise modify the Works. Upon Company’s request, Freelancer will be available for and will cooperate with Company’s fact checking and will supply Freelancer’s research material … Read more
Commentary and Analysis continues:Version OL1Version OL26. Exercise of Rights: Company may exercise the rights granted herein in any media now in existence or hereafter developed, throughout the world. In doing so, Company may arrange with third parties for distribution, transmittal, publication, promotion or other dissemination of its service(s) containing the Work(s) or portions thereof, or … Read more
