--- Original Message --- Date: 5/5/2008 From: "Robert Genn Twice Weekly Letter" <[EMAIL PROTECTED]> Subject: Mickey Mouse Bill
Mickey Mouse Bill May 6, 2008 Dear James, The principle of post-monetization says that nothing is worth anything until somebody wants it. Those of us who make art for a living--outside of commissioned work--essentially operate on this principle. We make the stuff and put it out there. When somebody decides, for whatever reason, they want it, then the amount they are willing to pay is exactly the value at that time. If we choose to resell, reproduce or replicate, that's our business too. We still own the copyright. The convention of putting a little c with a circle around it became redundant in the U.S. in 1976. In current copyright law, every drawing, painting, photograph, poem or play is simply owned by you the author. If somebody swipes it, or uses it without your permission, you have the law on your side to chase them down and get paid. That's why the current Orphan Works Act now being considered by the U.S. Congress is particularly baffling. Promoted by dough-head non-artists who are obviously listening to big-time lobbyists, this bill says that you the artist must now officially register every single work you wish to protect. The on-line registries, presumably fee based, haven't yet been established. Big boys like Disney have always felt the necessity to register copyrights. Can you imagine what's involved in owning and protecting Mickey Mouse? That's why I'm calling this the Mickey Mouse Bill. It continues to protect Mickey but leaves little guys like you and me with another layer of paperwork and expense. While in the guise of a last ditch attempt to locate and release unclaimed (orphaned) work, it's my opinion this is very bad legislation indeed. If someone can tell me the possible value of the Orphan Works Act, I'd really appreciate it. Post-monetization is our life blood. The choice to defend an extant work should always be in the hands of the creator or his assigns. That's why the current law works so well. A few years ago a car company decently asked me if they might use one of my (already sold) paintings in the background of a car ad. I named a reasonable fee and they readily agreed. We used a "one time only" contract and we didn't even use a lawyer. If the Orphan Works Act becomes law, without an author's prior registration, Mercedes-Benz could just help themselves. No ask. No pay. Nutz. Best regards, Robert PS: "The problem is that very few of the billions of images will ever be registered. No artist that I know of has the time to pull out every work of art they have ever produced and register them with all the upcoming electronic databases." (Mark Simon, artist advocate) Esoterica: The advent of the Internet has been somewhat responsible for this turn of events. Some pundits think we're about to enjoy the sunset of copyright. As it is, Chinese artists are ripping jpegs from the Western Internet, cloning and reselling our stuff like crazy. We can't get at them because they're in another jurisdiction. Now the U.S. wants this in their jurisdiction? Nutz. In the meantime the big boys like Google and Microsoft would like to see Mickey Mouse happen. They've got the deep pockets to get what they want. I don't know about you, but I haven't, and besides, I don't like filling out forms. Current clickback: If you would like to see selected, illustrated responses to the last letter, "Kalopsia," about fooling ourselves about our work, please go to: http://clicks.robertgenn.com/kalopsia.php If you would like to comment or add your own opinion, information or observations to this or other letters, please do so. Just click 'reply' on this letter or write [EMAIL PROTECTED] Gift idea: Give the gift of the twice-weekly letters. We are currently snail-mailing a free copy of The Painter's Keys (third edition, freshly printed) to current subscribers who go to the URL below and send us the names and email addresses of five or more of their creatively-minded friends. No strings, just a thank-you. We make it easy. We even send your friends a personal letter to let them know the twice-weekly connection is from you. http://clicks.robertgenn.com/giftscribe.php Superscriber program! Limited time only. Current subscribers who send us twenty or more new subscribers (maybe everyone in your Art Association who doesn't already subscribe) will also receive a free copy of Robert's new coffee table book, "Love Letters to Art". Same "no strings" offer as above. Keep for yourself or donate to your club. Check it out at http://clicks.robertgenn.com/giftscribe.php This is definitely not Mickey Mouse. A Premium Art Listing in the Painter's Keys Art Directory is the most effective thing an artist can do to be tastefully and respectably noticed. This listing--really a mini web page--costs $100 per year--and we do all the set-up. You can find out how well it might work for you at http://artists.robertgenn.com Yes, please go ahead and forward this letter to a friend. If you think a friend or fellow artist may find value in this material, please feel free to forward it. This does not mean that they will automatically be subscribed to the Twice-Weekly Letter. They have to do it voluntarily and can find out about it by going to http://www.painterskeys.com "Love Letters to Art" (the coffee table book) $65 ($US or $CDN) including shipping. Size 10" x 12," 150 pages, 35,000 words, 150 colour illustrations. You can order online with a credit card or by mailing a cheque or money order. Payment to Robert Genn, Painter's Keys, 12711 Beckett Rd, Surrey, B.C., Canada, V4A 2W9. To order online please go to: http://clicks.robertgenn.com/kalopsia.php In compliance with the welcome legislation on spamming, our mailing address is: Painter's Keys, 12711 Beckett Rd., Surrey, B.C., Canada, V4A 2W9. You are currently subscribed as: [EMAIL PROTECTED] - Subscribe free; http://painterskeys.com/subscribe/ - Unsubscribe free; http://www.painterskeys.com/unsubscribe.php - Change email address; send your "old" and your "new" email address along with your name to: [EMAIL PROTECTED] (c) Copyright 2008 Robert Genn. If you wish to copy this material to other publications or mail lists, please ask for permission by writing [EMAIL PROTECTED] Thanks for your friendship. _______________________________________________ NetBehaviour mailing list [email protected] http://www.netbehaviour.org/mailman/listinfo/netbehaviour
