New bill a potential disaster for working photographers

If you are interested in protecting the rights of independent photographers and other independent visual artists, read this and take action.

ASMP: "Urgent Call for Your Action on Orphan Works"

Under the proposed legislation, a person or other entity who wants to use a copyrighted work is required to make only a "good faith, reasonably diligent search" to locate the copyright owner. If, after making such a search, the user is unable to locate the copyright owner, he/she/it gets an almost free license to use the work. If the copyright owner never comes forward, the user gets to use the work for free. Even if the copyright owner discovers the use and demands payment, the MOST the copyright owner can get is "reasonable compensation," i.e. a reasonable license fee for the use actually made. There is NO possibility of statutory damages or attorneys' fees, even if the work was registered before the use was made without your permission.

So, under the proposed legislation, any organization can pick up a photo of yours and use it freely without your permission. All they have to establish is that they did not know who owned the copyright.