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Updates:

The Updates concerning  The Future of Artist's Copyright Is Not At Risk!Updated Foreword: There was some confusion as to the authenticity of this legislation, but Brollonks brought it to my attention that this is indeed real, and provided links to the official government website that back this up. It is not a hoax. However, misunderstandings of the severity and implications of the report have occurred, which we can now clear up for you: No, there is no bill. But, yes there is just a notice of inquiry at the moment.
It will likely not affect us. However it is important to keep an eye on these things.

Again (to reinforce this point) we do not need to be afraid! As Homophones brought to my attention, the "legislation" is actually just a "note of inquiry". That means that it is a hearing where comments and opinions are invited, but no rules have as yet been proposed. There is no bill yet... t
 are posted here, with the most recent near the top, and the earliest near the bottom.




UPDATE 4: Finally I can set things straight and reveal the evasive truth behind all this once and for all to help put your anxieties at rest.

There were concerns with the authenticity of the new 'copyright bill' at first, but now after much digging and research, due to the combined effort of fellow deviants, this has been cleared up now. There were misunderstandings of the severity and implications of the report earlier.

We can confirm that no, there is no bill. But, yes there is just a notice of inquiry at the moment.


This is not a hoax, and Brollonks brought it to my attention that this is indeed real.
However, the good news is that Homophones proved that the "legislation" is actually just a "notice of inquiry". That means that it is a hearing where comments and opinions are invited, but no rules have as yet been proposed. There is no bill yet... this is only one of multiple preliminary moves required by law before a bill can start to go through Congress. 

This is not a bill.

While it is probably not going to be a future problem now, I am still open to the possibility that it could resurface sometime soon and in the unlikely event that something does arise, we must be ready to stop it.

But for now; you have nothing to fear, and I have tried to reinforce this and make this as clear as possible my other journal entries:

Main Journal: The-Future-of-Artist-s-Copyright-Could-Be-At-Risk

FAQ-in-Relation-to-my-Journal-on-Copyright

And also: theartfrog.deviantart.com/jour…

REJOICE, BE HAPPY, AND CONTINUE TO MAKE YOUR UNIQUE AND WONDERFUL ARTWORK, FELLOW DEVIANTS!


UPDATE 3: 
Homophones has brought this to my attention, clearing up the issue once and for all! :D (Big Grin) To quote them:
There is no existing bill. A notice of inquiry only means that comments are open, but no rules are currently being considered. The reason people are banding together is because nobody actually has any idea what they're talking about.
The long version:
The links provided in www.io-home.org/home/newsarchi… do not actually show anything suggesting the existence of a bill--let alone one that is about to be passed. Regarding the PDF of that federal register, I checked the actual copyright office website and did not see congressional hearings scheduled or open rulemakings regarding this so-called Orphan Works Act.
What you see on the above site is a policy report, which, yes, has some nasty remedy suggestions, but no, is not a bill. Currently mass digitization (which is the only part relevant to us, as orphan works are completely unrelated) is an active policy study. But there is no proposed bill, certainly not one that is going through Congress next week.
What you are seeing scheduled is a notice of inquiry, which, if anybody actually did their research they would realize is a hearing where comments and opinions are invited, but no rules have as yet been proposed. There is no bill. And this is only one of multiple preliminary moves required by law before a bill can start to go through Congress.
In short: There is no "Orphan Works Act" out to strip us of our rights. Yes, send in your comments so they know that we don't want our control to be taken away, but also know that there is no bill about to be passed that would do so. Please calm down.



UPDATE 2: Very bad news! It turns out that the 'sham petition' could be the real sham and that this legislation actually does exist! :( (Sad)

Why would professional artists band together to warn about this legislation if it was fake? They must've seen evidence that it was real. In addition to this, to quote Brollonks : 
Nothing is over. Look at this: copyright.gov/ And from there, look at the left lower side. When you read the line "Recent Reports and Studies" click on the link underneath (or at the link in this comment, which is the same link you can find on the site). This is the actual thing, nothing is over! Everyone can read it themselves.
Here, a part within the text says:
Section 514(e) Copyright for Derivative Works and Compilations
If an infringer qualifies for limitations on remedies, he can still obtain copyright
protection for a derivative work or compilation that uses preexisting material in a manner that is
technically infringing under this section
And there we are with the limitations regarding infringers getting away with what they do without the artist's approval:
MONETARY RELIEF

(A)
GENERAL RULE
.

Subject to subparagraph (B), an award for
monetary relief (including actual damages, statutory damages,
costs, and
attorney’s
fees) may not be made other than an order
requiring the infringer to pay reasonable compensation to the
owner of the exclusive right under the infringed copyright for the
use of the infringed work.
(B)
FURTHER LIMITATIONS

An order requiring the infringer to
pay reasonable compensation for the use of the infringed work may
not be made under subparagraph (A) if the infringer is a nonprofit
educational institution, museum, library, archives, or a public
broadcasting entity (as defined in subsection (f) of section 118), or
any of such
entities’
employees acting within the scope of their
employment, and the infringer proves by a preponderance of the
evidence that

(i)
the infringement was performed without any purpose of
direct or indirect commercial advantage;
(ii)
the infringement was primarily educational, religious,
or charitable in nature; and
(iii)
after receiving a notice of claim of infringement, and
having an opportunity to conduct an expeditious good faith
investigation of the claim, the infringer promptly ceased the
infringement
June 4, 2015 - Orphan Works and Mass Digitization

IT TURNS OUT THAT THIS IS REAL AFTER ALL! :( (Sad)




UPDATE 1: Great news! It looks like we're safe after all!!! 
"18 Jul 2015 — The act turned out to be nothing but a sham.People tried to get it passed two years ago,but it didn't even stand a chance,I believe that there were thoughts of trying again,but hopefully your support has shot that thought down,thank you for the support,however!You may rest assured that your art is safe!"
- Source: www.change.org/p/act-do-not-le…

What a relief!!! I think we're safe after all! Thank you everyone for your help! You're the best! 


And a massive thanks to scottrosenfeld who brought the above piece of news to my attention! It's nice to know that this legislation won't be passing anytime soon! :) (Smile) :squee: 

Add a Comment:
 
:iconredhawk1986:
redhawk1986 Featured By Owner Jul 20, 2015  Professional Writer
Okay I'm confused! If it wasn't real then why even make it? This doesn't make any sense.
Reply
:icontheartfrog:
TheArtFrog Featured By Owner Jul 20, 2015  Student General Artist
It IS real. But it isn't a bill either. Not yet anyway. Hope that clears up the confusion. If not, please visit this following link:

theartfrog.deviantart.com/jour…
Reply
:iconredhawk1986:
redhawk1986 Featured By Owner Jul 20, 2015  Professional Writer
Oh ok. I'm really hoping that congress gets itself together and not make it an actual thing. Cause just imagine how every artist will react if it does happen? It coud cause chaos everywhere.
Reply
:icontheartfrog:
TheArtFrog Featured By Owner Jul 20, 2015  Student General Artist
It could but I wouldn't worry about it. Read what I put on Will Terry's youtube page, as I've attempted to inform him too:

I set up this Journal a few days ago on Deviantart to raise awareness of this issue: theartfrog.deviantart.com/jour…

There were claims that this video was a hoax, but Will Terry and Brad seemed to be telling the truth. Neither side of the argument stacked up due to a lack of evidence to support either side. Me and my fellow Deviantart Users researched this matter further and eventually discovered that while, yes we should be vigilant and aware of what's happening to artist's rights, WE SHOULDN'T WORRY TOO MUCH about this so called "new copyright law".

This is what we found out: >>>

While it's not a hoax, there has been much misunderstanding of the severity and implications of the report. What we initially believed to be a huge threat to artists is not as big a threat as we first thought.

No, there is no bill. And yes, there is a notice of inquiry, but it will likely not affect us considering the amount of opposition that there seems there will be on both sides in response to some of the 'suggestions' in the inquiry.

Everything we have been able to find and tried to verify on
theartfrog.deviantart.com/jour… has now officially been confirmed by the news! Link here:graphicpolicy.com/2015/07/20/d…

This is great and means we don't have to worry about this 'legislation' after all! However it is still VERY important to keep an eye on these things just in case.

Thank you very much Will Terry and Brad Holland for standing up for our rights and protecting us from any threats to our livelihoods that may arise. I am very grateful for your efforts and trust that you will continue to be an inspiration and fighters for artists of all kinds, everywhere! Thank you for posting this video and raising awareness of what could've been way worse, had you not done so! :)
Reply
:iconredhawk1986:
redhawk1986 Featured By Owner Jul 20, 2015  Professional Writer
So basically we don't have to worry about it, yet keep our guard up in case something does happen? Well, I guess everything is ok for now. Yet, with this now being a real legislation, yet it may not affect us at all. Should we keep our guard up just in case something happens?
Reply
:icontheartfrog:
TheArtFrog Featured By Owner Jul 20, 2015  Student General Artist
It is unlikely, but should the bits of the inquiry that we are against resurface, we must be ready to take immediate action.

I highly doubt it will, but I am open to the possibility that it could happen.
Reply
:iconredhawk1986:
redhawk1986 Featured By Owner Jul 20, 2015  Professional Writer
Good point right there
Reply
:iconbrollonks:
Brollonks Featured By Owner Jul 20, 2015  Professional Digital Artist
It is real, every law starts with a draft. Now we have the possibility to state our opinion until the 23rd of July to let them know that we disagree with it. If we do not, they will go on with it as is and some day we will have a very unpleasant awakening. That is why it's very important to react as soon as possible.
Politicians tried to do something similar in Europe a few years ago and due to an immediate massive backlash they didn't even consider to think further about it for a while now.

Now american politicians try to do it and only with a big protest the chance is very high that they cannot proceed so easily.
Reply
:iconredhawk1986:
redhawk1986 Featured By Owner Jul 20, 2015  Professional Writer
This is why I don't do politics
Reply
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