From: "P. J. Alling"
On 4/1/2010 8:10 AM, Doug Franklin wrote:
> BBC, big business leer creepily at orphan works
> http://www.theregister.co.uk/2010/04/01/stop43_bbc_lobbying/
>
> It sounds like some organizations are attempting to use the
> forthcoming Digital Economy Bill (The Mandybill) to grab historical
> rights on photos, too.
>
Like we didn't see that coming.
The problem seems to be in how they define "orphan" works and what they
prescribe in terms of effort required to verify it really is an "orphan".
That was the problem Godfrey pointed out in the US "Orphan Works" bill.
The bill had a VERY BROAD definition of an "orphan" work, and an
extremely low threshold of effort required for verification.
It was set up so that organizations could take any photo with stripped
or insufficient EXIF data and claim it was "orphan" without making any
effort to find the photographer.
The only relief offered under the bill was you could make them stop
using your image *IF* you could *PROVE* it was your image. And whoever
took your image and used it for their profit did not have to compensate
you in any way as long as they maintained they REALLY DID BELIEVE it was
an "orphan".
Even if they had taken the work from your very own website.
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