Carolyn Wright's Photo Atttorney blog reports Another IP Attorney Fights Orphan Works

Tammy L. Browning-Smith, an IP attorney specifically for those in the Creative Industries, has posted a copy of her letter to the House of Representatives regarding concerns about Orphan Works on her blog and has given permission for it to be posted here:

The letter itself is well worth a read, pointing out that 'THIS IS A SERIOUS BILL WITH SERIOUS ECONOMIC IMPACT' which retrospectively undermines the US 1976 Copyright Act and violates international treaties. A few choice extracts:-

.Millions of artists relied on the provisions of the Copyright Act of 1976 that did not require them to use a copyright statement. The Artists who followed that law are now being punished and the new provisions in essence create an Ex Post Facto law that punishes the Artists for following a law in the first place. This is outrageous. ..

Litigation is expensive. Many artists are only able to bring such cases forward because of contingency arrangements made with a law firm. This type of litigation has not over burdened the court system nor has it been shown to be abused. This type of litigation permits an injured person his or her day in court. This Bill would remove such an opportunity. Not only would it remove any financial incentive for attorneys and artists to work together, it would also make it almost impossible to bring a case forward because of the heavy financial requirements placed on the artist. The financial (and technical) requirements of this Bill truly assume that an artist is "guilty of failing to comply until proven innocent" instead of the reverse.

The global marketplace will become even more difficult to navigate because of this bill. International Artists' rights will be greatly compromised here in the US. This invites sanctions under the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

The letter can also be read at Browning-Smith's Arts and Crafts Law blog