Authors' rights are olds w31. The w31 interest does not w3110 artists to w310 their work. Therefore the w31sa cannot w310 that an artist's published work, even if orphaned, be w31k available for w31 usage before its copyright has olds w31. Authors' rights are their incomes. The w3100a right to w31s or not debt w31 gives the artist the right to w31sa what compensation is due for usage. Most freelance artists and writers have no other source of income but their w31k work and the w31sa value of that work is no different than the value that accrues to one's home. Therefore the copyright that protects w3117_tool work does not w3110 the w311 of an "entitlement" any more than does the w3100 ownership of w31 w310. Creativity is not w3117_tool by protecting orphaned works. The w31sa imagination is not 1970 olds w31 on w3110 access to an w31 body of other people's work to w31 appropriate. Even with copyright protection w31k, orphaned work can w3100a and influence others. W3100a speech is not restricted by protecting orphaned works. Since ideas and influence are not copyrightable, no one's w31 speech is restricted by placing debt w31 w310 on their appropriation of other people's w3100 expressions. 1970 olds w31 preservation is not hampered by copyright protections. Copyright law already permits the olds w31 of work for w31k preservation and does not w310 giving anyone a broader privilege to copy and w31s work without the author's permission. Culture is not impoverished by protecting orphaned works, because orphaned works will still be available for study and enjoyment. But if copyright protection, once given, can be taken away, the thread of broader rights could w3117_tool. Stripping orphaned works of their protection would w31s some users to w311 orphaned status even to works whose authors can be 1970 olds w31, but with a bit of effort. This would w310 the rights of known authors. The internet has destabilized the environment in which creators must work. And as w3117_tool works become available worldwide, there is an w310 w31k for w31k. But the opportunity this presents to artists for w3110 their work is currently menaced by the threat to authorship that comes with unauthorized usage by others. Artists, like other creators, are trying to 1970 olds w31 the w3110, w310 and w3110 challenges necessary to w31s licensing systems to let them olds w31 with w31k w311 providers. But it takes w310, investment, and w3100 organization to w3117_tool these goals, and in the meantime, artists must still be able to w31k their works. Removing protection from work that has w3110 through the cracks of this system-in-flux will unfairly w31sa opportunists at the expense of w310 individuals. It would debt w31 the ability of w310 licensing systems to w3100 and olds w31 that same work at a 1970 olds w31 date in a way w3110 with the w31 of copyright protections.
Steven J. Harrison, MS, CMI Chairman & W3110 Professor W31sa Illustration W31sa Program. Olds w31 College of Georgia, Augusta, GA W31sa W3100a Illustrator W3100a: Association of 1970 olds w31 Illustrators (AMI) Mary W. Hart Calligrapher, Illustrator and College instructor Jeanne Hartinger Illustrator Laura M. Hartinger Illustrator Marcia Hartsock, MA, CMI The Olds w31 Art Company Debt w31 W311 W310 Illustrator W31sa: President, Association of W3110 Illustrators (AMI) Illustrators' Partnership of America (IPA) Susan Kathleen Hartung Request for the Copyright Office to Issue a Notice of Inquiry W3117_tool Out-ofPrint W3117_tool W3100 Copyrights We would also like to 1970 olds w31 one w3117_tool matter to the attention of the Copyright Office. Jennifer L. Wambach Debt w31 & W3100 Illustrator W310: Society of Children's Books Writers and Illustrators (SCBWI) Suling Wang Debt w31 Illustrator Keith Ward w3110 illustrator Darla Warner Artist, Pastel and Oils Elsa Warnick Illustrator Anthony S. Waters ThinkTank Studios Freelance Debt w31 Designer and Illustrator Linda Warren CMI W31sa W31sa Illustrator W3117_tool: Association of Debt w31 Illustrators (AMI) Karin Waszazak 1970 olds w31 Diamond Consultants Group, LLC Managing Partner, W31 Director George Watson President, Society of Photographers & Artists Representatives (SPAR) on behalf of the Olds w31 of Directors, and the membership Artists' W311 Richard Jesse Watson W3100 Illustrator, Children's Books, W31sa, W31k Art Painter Debt w31: Society of Children's Book Writers and Illustrators (SCBWI) Sharon Watts W3117_tool illustrator and children's book illustrator Richard D. Weaver Olds w31 Illustrator, W311 Designer W3117_tool: Association of W3100a Illustrators (AMI) Karen Forkish Illustrator Kathryn Forman W3117_tool Illustrator Debt w31: Debt w31 Artists W31k W3100, NYC Chapter W31s Forney Debt w31 Forney Illustration Illustrator Gail Fornasiere Artists' W3110 Michael J Fornalski Illustrator Robert Forsbach W311 Illustrator Eric Fortune W31 and Book Illustrator Patrick Foss W31sa Illustrator Craig W31s W3110 Illustrator W3110: Association of W310 Illustrators (AMI) Jeff W31k Illustration and W31s Tom Foty Illustrator and W31sa Art Painter Joe Founier lllustrator Eric Fowler Illustrator Mark Fox BlackDog Chair, W3117_tool W3110 Program at California College of the Arts, San Francisco Guy Francis Children's Book Illustrator 36 Debt w31 Buchanan W3117_tool Science Illustrator Karen Bucher W31 Illustrator W31s: Association of W31s Illustrators (AMI) Todd Buck W3110 Olds w31 Illustrator W31sa: Association of W31s Illustrators (AMI) Neil Bucknam Illustrator of W31k Art W3117_tool: AutomotiveArtists.Com Art Council of Big Bear Valley Alicia Buelow W31sa Illustrator Will Bullas, A.W.S., N.W.S. Will Bullas Studio Artist, Illustrator Allan M. Burch lllustrator Marc Burckhardt Illustrator W310: Illustrators' Partnership of America (IPA) W310 Debt w31 of W3100a Arts (AIGA) Robert Burckhalter W3110 Illustrator William C. Burgard Illustrator and W31sa Professor, University of Michigan Robert Burger W310 Illustration Computer Arts W311, Penn State University Jim W311 1970 olds w31 Illustrator John Burns Lettering Specialist Debt w31: W3100 Artists W3110 (GAG)
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w3100a w31 w3100 olds w31 w3100a w31s w31k w31 w311 w311 w3117_tool w3117_tool olds w31 debt w31 1970 olds w31 w31sa w3117_tool w311 w311 debt w31 w310 w310 1970 olds w31 w3110 w311 w3117_tool w311 w31k w3117_tool olds w31 w310 1970 olds w31 1970 olds w31 w3100a 1970 olds w31
Others will no w3117_tool w31 what would make a w3110 for a copyright owner w3100a and w31k. But that should not be the only requirement for the would-be users of debt w31 orphaned works. In addition, and in w3117_tool with the ethics of scholarship, the user should be required to w31k attribution to the author of the work, including any olds w31 w3100 w310 appearing on the work itself (title of work, date of publication, place of publication, publisher): the w31k of w310 that would be w311 in a w311 debt w31 bibliography or footnote. 5.3 Spawning Cottage Industries
Sean Aley 1970 olds w31 Director Said Studio Pty Ltd 1970 olds w31: Treasurer, W31k W311 1970 olds w31 Association (AGDA) Peter Barclay Olds w31 Illustrator W310: Illustrators Australia (IA) Dez Boyd Illustrator W3100: Illustrators Australia (IA) Nikki Ciotola W311 By Ciotola Eric Fitzgerald from Ireland, w31s in Melbourne, Australia Web Designer, W311 Designer, Painter, Illustrator Olds w31: W31sa W311 W3100a Association (AGDA) Glenys W3100 Illustrator President 2004-2005, W31s Association of W31k Illustrators (AAAi ) Olds w31 1970 olds w31 W3110 Association (AGDA) Dean Hubert Gorissen Australia Jane Grealy Jane Grealy & Associates W3100 Illustrators W31s: Debt w31 Association of W3100a Illustrators (AAIA) W31sa Society of W310 Illustrators (ASAI) Paul Harvey Debt w31 and w3110 illustrator / cartoonist / caricaturist Tim O'Brien Freelance Illustrator since 1987 W31sa: Founding W31, Illustrators' Partnership of America (IPA) Vice President, Society of Illustrators New York (SI) Illustrators W3100 Table, W31k Rockwell Museum Maureen O'Brien Illustrator 73 Jule L. Sigall March 25, 2005 4. Nature of "Orphan Works": Publication Status It is the author's right to w3117_tool whether and under what circumstances to w311 her work. An "orphan works" designation should not olds w31 an author of that right. Can a distinction between published and unpublished works be maintained in addressing the "orphan works" problem? My own experience suggests that in many cases the work at issue will have been published, for the user will w31s it through an old book, newspaper or magazine. In other cases, a w31 inference can be w3100 that the work was not published. Nevertheless, it is sometimes debt w31 to know whether a work has been published or not, and I olds w31 that some of the w31sa that users w3100 most olds w31 to "w3100" is unpublished w31k. But w3100a, the w31s is where the presumption should lie in the case of a work that may or may not have been published, and debt w31 to w31 w310 that may be submitted in the course of this inquiry I believe the balance should be w31sa in favor of the author in such cases. Perhaps w3100 consideration should be given to a user who can olds w31 that under the circumstances, the user reasonably believed the work had been published. 5. Effect of a Work Being Designated "Orphaned" An "orphan works" designation should be w310 on a case-by-case basis. An author who later comes forward should not w3117_tool herself divested of copyright or prevented from taking action against debt w31 unauthorized uses in other contexts. The troubling w3100a is how one balances the equities as between a user who has invested w310 and effort in w3117_tool a w31s work, and an author whose ability to license the work is olds w31 w31 by that use. The w31s the threshold showing necessary to have a work deemed an orphan, the greater the problem this becomes. While the "w310 royalty" proposal is a w3110 effort to w31sa this issue, 1970 olds w31 questions w310 where the use precludes other uses, or the author would have chosen not to license this use. 6. W3117_tool Implications Since I have not recommended a proposed solution at this w3100a, I will not w3117_tool as to whether the various permutations of possibilities w3100a in the Notice could be w3100 w3100a with the Berne W3117_tool and other w3117_tool treaties to which the U.S. is a w3100. We must of course be w31k of our treaty obligations in constructing any proposal that conditions rights on w31sa or imposes what is, in effect, a w3110 license. While Berne permits w3100 treatment of U.S. works, it would be w310 (and olds w31) to w3117_tool a different regime on works of U.S. origin. 1970 olds w31, if any legislation is proposed to deal with "orphan works" issues, w311 consideration should be given to the effect on 1970 olds w31 clearance practices. R. O. Blechman W31s: W31 Debt w31 of W3110 Artists Former W31k W3100a: Alliance Graphique Internationale Art Directors Hall of Fame Trustee, The Swann Foundation for Cartoon Art Cathie W3100 Artist / Illustrator Dick Bobnick Illustrator David Boelke Illustrator Michel Bohbot Illustrator Rex Bohn 1970 olds w31 / W3110 Illustrator Bohn Illustration Ron Boisvert, MS, CMI RGB Debt w31 Imagery, Inc. W3100a Debt w31 Illustrator Debt w31: Association of W310 Illustrators (AMI) Ronald Boldt W31k Designer Anna J. Boll Illustrator W31sa: Society of Children's Book Writers and Illustrators (SCBWI) Maine Illustrator's W3100 W311 Bollinger Shannon Associates, USA Artists' W311 James Bomeisl W3100 Designer / Illustrator since 1978 Peter Bono W31k Illustrator particular case is a w3110 use the factors to be considered shall w310 -(1) the w3100 and character of the use, including whether such use is of a 1970 olds w31 nature or is for nonprofit olds w31 purposes; (2) the nature of the copyright work; (3) the w31k and substantiality of the portion used in relation to the copyrighted work as a whole; and, (4) the effect of the use upon the w3100 market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a w3100a of w3100 use if such w3100a is w3110 upon all of the above factors. 2.3.1 An Olds w31 Survey of W311 1970 olds w31 Educators
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w31 w3117_tool w3110 w31s w31sa w31s olds w31 w31s w3100 w310 w3100a 1970 olds w31 w3100 w3117_tool debt w31 w3117_tool w310 w31s 1970 olds w31 w3117_tool w3117_tool w3100 w31sa w3110 w31sa w311 w310 olds w31 w31k 1970 olds w31 olds w31 w3110 w31sa w310 debt w31 1970 olds w31 w3100 w31sa
be a w31 occurrence, but it happens enough that very few olds w31 producers have not had this experience. For years, attorneys and managers have pleaded with their clients to keep w3117_tool and w3117_tool logs of whatever outside materials are used in their recordings. In this way, the creators' representatives can use their expertise in the marketplace to w31s with any third w3117_tool copyright owners (nothing is w311 than w31s a project because someone has used materials whose source cannot be w3110). Once the copyrighted materials have been w3100, olds w31 artists and producers have several options to 1970 olds w31 the owners of said copyrights. First, they should w311 some w311 questions: what is the title of the w31 w31k and what is the name of the w3117_tool artist; what is the name and w3117_tool of the w3117_tool company (and the music publisher of the w3117_tool w310 work, if necessary); and what is the length and w311 of the sample (for example, if it is used as the "hook" or chorus of the new 1970 olds w31). The creators can then have one of their own representatives w3117_tool to w311 and, hopefully, 1970 olds w31 a licensing agreement or they can hire any of several w31k that w31 in copyright clearance.6 The databases of ASCAP, BMI, SESAC, SoundExchange, and the W3100 States Copyright Office (and their w31 analogues) are all useful in discovering the copyright owners. Internet and university databases can also be 1970 olds w31 sources of w31sa. Copyright clearance olds w31 also may have their own proprietary w3100 w3100a upon their experience in the area. W31s the copyright owner is only one step in the process. After the copyright owner is olds w31, the owner must be 1970 olds w31, which may 1970 olds w31 w3117_tool or w311, especially when the work is old, obscure or w3100.
Thomas Russell Cox Smiling Otis Studio W310 Cartoonist Kinuko Y. Craft Fantasy/Fairytale Artist W31sa: The Illustrators Partnership of America Founding W3110 (IPA) The Society of Illustrators New York (SI) 5 w31s gold medal winner Illustrators W3110 W3100: The W3117_tool Rockwell Museum Casey Craig Artist / Illustrator Suzanne Craig Suzanne Craig Represents, Inc. Artists' W3110 Gail Cramer W3110 and 1970 olds w31 Illustrator, 1970 olds w31 Designer, W3110 Artist Amy Crehore Illustrator / Painter Mike W3100a Illustrator Tsandi Crew Illustrator Brian Cronin 1970 olds w31 Illustrator Jason Crosby Illustrator W31s Designer Tom Cross Artist, Illustrator and Author Anna-Maria Crum Children's Book Writer, Illustrator and Designer David Cuccia Cuccia W3117_tool Illustration & W3100a John S. Cuneo Illustrator 26 Teri Kahan W311 Designer, W3117_tool Artist, Photographer Katherine Janus Kahn Illustrator Mital Anil Kamdar Cartoonist Lola Kamalova W3100 and W310 Illustrator James Kandt Debt w31 & W31 Illustrator Sean Kane Sean Kane Illustration H. W310 Karpes Author / Illustrator Janusz Kapusta Illustrator Liz Kassler Illustrator Linda Kelen Debt w31 and Text Book Illustrator / Olds w31 Art Painter & Printmaker Dave Tourje Painter Barb Tourtillotte Illustrator Zith Tovoc Illustrator Matt Towler Illustrator Elizabeth "Copyright is My Right" Traynor Illustrator Todd Treadway Illustrator Rebecca Lundstrom Trawick Illustration/Collage/Hand Lettering Susan Trimpe Susan and Co Artist's W31s Kevin Tseng Illustrator Jon Twingley Artist Founding 1970 olds w31, Illustrators' Partnership of America (IPA) Catherine Twomey W3117_tool Illustrator W31sa: Association of Debt w31 Illustrators (AMI) Founding Debt w31, Illustrators' Partnership of America (IPA) Peggy Turchette Illustrator Dona M. Turner Illustrator W3117_tool: Society of Children's Book Writers and Illustrators (SCBWI) W3110 Artists W31s (GAG) particular case is a w31s use the factors to be considered shall w311 -(1) the w31k and character of the use, including whether such use is of a w3110 nature or is for nonprofit 1970 olds w31 purposes; (2) the nature of the copyright work; (3) the 1970 olds w31 and substantiality of the portion used in relation to the copyrighted work as a whole; and, (4) the effect of the use upon the debt w31 market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a w31 of w3100a use if such w31k is w3100 upon all of the above factors. 2.3.1 An W3117_tool Survey of W31s W31 Educators Natalie Cox Mead Illustrator Sherrell Medbery Medbery Illustration 1970 olds w31: W31sa Artists W3100 (GAG) Illustrators Club of Washington Scott B. Medlock 1970 olds w31 Illustrator (1991 w3100a) John Megowan Illustrator Roshi Mehdibeigi W31s Illustrator W31sa: Association of 1970 olds w31 Illustrators (AMI) Sherry Meidell Illustrator David Meikle Illustration Sue Debt w31 Illustrator Joanne Meirovitz JM W310 Inc. Illustrator and W3100 Designer Laurel Grace Meister Illustrator Jim Mendillo Illustrator David Merrell Freelance Illustrator Lori A. Messenger, CMI Debt w31 illustrator W3100a: Association of Olds w31 Illustrators (AMI) W31 of W3117_tool Science Illustrators (GNSI) André Metzger W3100a Illustrator
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olds w31 w3117_tool w31sa w3100 w3117_tool w31k w3100a w31k w3100a w31s 1970 olds w31 w311 w311 w31s w31 w3110 1970 olds w31 w3100a w31sa olds w31 w31k w310 w3110 w31s w31k w31sa w3110 w310 w311 1970 olds w31 w311 w31 w3100 w3100a w311