One Year Anniversary of Petition Against Graphic Artists Guild (GAG)

This week marks the one year anniversary of the petition against GAG for their lawsuit against five artists.

For those who did not know , the Illustrators Partnership of America and 5 individuals were served with a lawsuit over one year ago by the Graphic Artists Guild, claiming damages of a million dollars and demanding that a court order IPA to cease and desist from supposedly defamatory public comments about GAG’s activities and use of industry reprographic royalties, even when IPA is merely quoting GAG’s own statements.

Over 700 artists (http://stopsuitpetition.blogspot.com/) many past or current GAG members have signed this petition and I wish to thank them for doing so, as we move into year two of this lawsuit against artists.

Summer blast

A trip to Canobie Lake Park with the Dubrowski and Ellie girls...
The loudest screams belong to Sara

Stimulus Illustrations

Above are illustrations for BroadBased Communications...

Why no posts?

Due to the impending lawsuit brought on against 5 illustrators including myself by Graphic Artists Guild (GAG) I will stop posting on this site with the exception of promotional illustrations until we have cleared our names and reputations.

GRAPHIC ARTISTS GUILD SUES ARTISTS

The Illustrators Partnership of America and 5 individuals have* been served with a lawsuit by the Graphic Artists Guild, claiming damages of a million dollars and demanding that a court order IPA to cease and desist from supposedly defamatory public comments about GAG’s activities and use of industry reprographic royalties, even when IPA is merely quoting GAG’s own statements.

The Complaint alleges that IPA, by bringing together 13 diverse illustrators organizations with the goal of creating an illustrators rights collecting society, is wrongfully interfering with GAG’s current claim on foreign royalties, calling it an effort to “siphon off” money from GAG. The Complaint specifically alleges that IPA and IPA members defamed GAG by a verbatim reading of minutes from a GAG steering committee meeting at which GAG’s President reported on their organization’s use of foreign funds. IPA’s statements relied on public assertions by GAG’s officers that GAG does not have to account for its use of artists’ reprographic royalties.

Reprographic royalties are funds derived from the photocopying of material by published authors. In many other countries, illustrators receive royalties from collecting societies for the photocopying of their work. In the US, they do not, because currently, no such collecting society exists. IPA denies that its comments are defamatory, as it has relied on and reported GAG’s own statements verbatim. IPA seeks an understanding of GAG’s activities and transparency about GAG’s use of these funds. IPA has retained legal counsel and will respond to the Complaint in an appropriate manner.

• The individuals named in the lawsuit are: artist Brad Holland, Founding Director of Illustrators’ Partnership and Co-Chair American Society of Illustrators Partnership; medical illustrator Cynthia Turner, Director, Illustrators’ Partnership and Co- Chair American Society of Illustrators Partnership; Terrence Brown, Executive Director, American Society of Illustrators Partnership; Renowned intellectual property attorney Bruce Lehman, Founding Director of Illustrators’ Partnership and Counsel to American Society of Illustrators Partnership; commercial illustrator Ken Dubrowski, Director of Operations, Illustrators’ Partnership.

Download self-promotional mailer

A here is the second promotional mailer in my more traditional, classic style...

New Downloadable Self-Promotional Mailers

The following two posts are for art directors who wish to download a sample of my illustration work.
The first image is my current editorial illustration work which is done in my newer media style. My web will have a collection of these new images available for your review in the coming weeks.

What Would Ben Franklin Think About Orphan Works?

The temporary defeat of the Orphan Works bill was stated on the Library Journal's blog as coming from the hands of "... a fear inducing campaign".


This is not an accurate account, in fact the defeat came from the growing consensus of a grass roots movement that saw the bill for what it truly is, artistic socialism.

Websites that openly support the Orphan Works bill have stated the passage of this bill is one of the six needed steps to overturn copyright and the protection it holds artists.

Artists and photographers already have their work protected by US copyright law but this end around to copyright would have forced every image that an artist has, to be scanned and registered at great expense to as yet created orphan works registries. These registries could range from organizations which see this as an opportunity for new revenue to businesses that have already "spidered" and collected digital images in the millions and are waiting to deliver these images for usage provided artists cannot afford the expense. These for-profit orphan registries, see this as an new business model, much like the creation of web hosting or domain name registries but on a much larger scale, to provide income for search engines and start up businesses/ companies.

The money we are talking about here is huge for businesses.

But the need for artists to maintain and monitor their work will become so cost prohibitive that most artists will likely fall into non-compliance. A current example to the dangers is that of people who have seen their own domain names bought out from under them or watch them expire and sold to companies as a form of commerce.
The same can happen very easily as images will become commerce for start up businesses. If artists do not comply, they risk losing their images to these new for- profit digital registries as "new orphans" and risk having to compete against their own works which could be redesigned and manipulated and resold as new images without an artist's consent. This is not a scare tactic as suggested by Library Journal's blog but a business reality artists face.

Libraries can and should work to remain as they were intended by it's creators, a vestibule of knowledge / a collection and protector of information. Not as a pawn for businesses to suggest the public does not have access to information.

From the Illustrator's Partnership website is a solution for libraries and one that makes the most sense:
"Digitizing the Collections of Libraries and Museums Digitizing someone’s work is an act of reproduction and is therefore subject to the authorization of the copyright holder. But to let accredited libraries and archives bypass these authorizations, the law could grant them certain exceptions to reproduce works without the prior consent of the rights holders, mainly for preservation purposes. To avail themselves of this privilege, institutions could file a notice of intent to infringe with the Copyright Office, documenting that they’ve made a reasonably diligent, but unsuccessful effort to find the copyright holder. These exceptions should not be extended to cover reproductions on a mass scale, because that would clearly conflict with the artists’ own exploitation of their works and that would prejudice the legitimate interests of the copyright holders, a clear violation of the 1976 Copyright Act, the Berne Convention and Article 13 of the TRIPS agreement, to which the US is a signatory. This proposal is consistent with the submission of the International Federation of Reproduction Rights Organizations (IFRRO) to the European Union’s i2010 Digital Libraries project. This means our proposal would meet the needs of libraries, museums and archives, harmonize US policy with our trading partners overseas and win wide praise from the creative community in the US, who would not see the rights of their own work put at risk."

Finally, as a freelance artist I support that stated position of a true Orphan Works bill that allows for libraries to work with copyright holders, allow those who visit libraries to have access to these images for their own education and pursuit of knowledge. I do not support any bill that puts undo financial pressure on people or artists especially in these hard times.

Libraries should be in the business of what is best for the public and not what is best for business.

"The first mistake in public business is the going into it." Benjamin Franklin

Lessig + Orphan Works = Artistic Socialism

Lawrence Lessig appeared on the Colbert Report as shown in the above post.
The new argument being thrown out is that current copyright law is turning kids into ..criminals...

As with the Orphan Works bill this nonsense is being exposed for what it is "Artistic Socialism".

Some websites like the following Library Journal have tried to explain the lack of support for Orphan works as "scare tactics".
Imagine that...scare tactics.

The truth is that people are not scared into opposing this bill they instead "get it" for what it is.

What's even more ironic to Lessig's comments on Colbert is that while Lessig offered to allow his book to be downloaded for free on the Colbert website, the publishers did not .

See web screen capture.

Let's hope more people get the issues and move away from forced artistic socialism and libraries getting into the business of business.


(From the Library Journal Website)

The Sad Story of Orphan Works

"...We’ve been covering efforts to open up access to orphan works for years, but in 2008, legislation came close to passage—and in dramatic fashion. The Shawn Bentley Orphan Works Bill of 2008passed late on September 26. As Congress headed into overtime in late September to address the troubled financial markets, a flurry of activity in the House of Representatives seemed to open the door to a passage. Ultimately, significant differences between the House and Senate on competing orphan works bills, as well as a well-organized, fear-inducing campaign against the bill by artists and photographers, and a late letter from the Motion Picture Association of America squelched any would-be deal.

Still, the issue remains vital. If passed, an orphan works bill would reduce liability for those who make use of copyrighted works provided they make, and document, a reasonably diligent effort to find the owner. For libraries, this would ease the burden on large-scale archival digitization efforts. Publishers, meanwhile, at odds with libraries on many issues in 2008, also embraced and worked on the bill.

With economic and international crises sure to command Congress’ attention in 2009, it’s questionable whether orphan works will rise again anytime soon. Nevertheless, this year’s effort, the result of continuous hard work and some masterful politicking by library groups and their allies, stands as an achievement worth noting, and at the very least establishes a benchmark for continuing efforts. "


http://www.libraryjournal.com/article/CA6626581.html

Colbert shows how stupid Re-Mixing is.

The Colbert ReportMon - Thurs 11:30pm / 10:30c

Lawrence Lessig

Colbert at Christmas
Colbert Christmas DVD

Green Screen
Bill O'Reilly Interview

Sowing the seeds of hate...

The McCain/Palin campaign have continued the downward trend in politics, first started with Lee Atwater and endorsed by Carl Rove by using tactics of hate and fear. Now audience members scream out "kill" and "terrorist" from these events easily and without any reserve.

Some days this feels funny

AN OPEN LETTER TO GRAPHIC ARTIST GUILD ON ORPHAN WORKS

Hi,

I was sent this by illustrator Andrea Mistretta a working illustrator since 1979 (http://www.andreamistretta.com/) concerning the Graphic Artist's Guilds support for the Orphan Works bill. Several artists have expressed a similar frustration, so I am posting this letter on my blog and asking artists to copy it and do the same, in the attempt to raise awareness.

Thanks,
Ken Dubrowski


AN OPEN LETTER TO THE GRAPHIC ARTIST GUILD PRESIDENT:
from Andrea Mistretta, Illustrator, Designer, Licensor, Small Business since 1979


Dear Mr. Schmelzer,

It has been remarkable to watch the Graphic Artist Guild steadily support and push a copyright bill that will devastate artists around the world, and now read that you disparage artists that fight to prevent the loss of exclusive rights and irreparable harm this law will cause. Now, the Graphic Artist Guild has earned the shameful distinction of being publicly praised as "enlightened' by Gigi Sohn of Public Knowledge, the Washington D.C. public policy maker and Orphan Works lobbyist that is committed to a 6 point plan to dismantle creator rights.

On October 6, 2008 Gigi Sohn wrote:
"At the same time, the more enlightened of those artists saw that the world around them was changing and that it was perhaps time to take matters into their own hands to ensure that their works wouldn’t become orphaned.

Here’s what the President, Mr. Schmelzer, of the Graphic Artists’ Guild had to say on that point:
'I don’t think Orphan Works is going to have a dramatic influence on how we do business, but I hope it has awakened us all to the importance of tending to business issues. If we as a community invested a fraction of the energy we’ve expended on an apocalyptic vision of Orphan Works into protecting our own creations, protesting unfair contracting practices or writing letters to low-paying publishers, we’d be in a far better market position than we are today. The fact is that we give away more in the every day practice of our businesses than the government could ever take from us.

See Fullpost: http://www.publicknowledge.org/node/1783

Mr. Schmelzer, I have been a sole proprietor, small business entity since 1979. I am one who has diligently registered my copyrights and spent thousands of dollars and hours over the years doing so. I already protect and manage my copyrights, responsibly negotiate contracts, uphold best business practices and understand the market.

My name is Andrea Mistretta. As a licensor of my art, the clients I serve have the security of knowing they are protected through the indemnity clauses in my contracts. My visual example in the Small Business Administration’s Economic Impact Study of Orphan Works prepared in September of 2008 is an example how my working art was“ORPHANED” by a “USER” and sold to one of the largest image banks in the world, and sold again for a fraction of its value to an agency, then sold again to my client turning me into my own competitor while all those in the chain of infringements “copyrighted” my artwork and made money while I, the originating artist received no compensation. My attorney knew he had the support of my certification of copyright to work toward justice and settlement on my behalf. Without copyright he could not have enforced my rights, and I would be out of business. There would be one less independent original thinker and artist in this country.

Under the Orphan Works law that the Graphic Artist Guild and Public Knowledge support, even with my registered copyright I would not have the power to fairly negotiate with the giant corporate infringer who cynically stole my rights. I would not be able to stop the continuing infringement. I would not be able to enforce the exclusive rights I had contractually guaranteed to my client. I would have been denied all legal fees, court costs, and damages to enforce my copyright.

Does the Graphic Artist Guild really believe this law will not "have a dramatic influence on how we do business?"

If this is the new business model Gigi Sohn refers to, there will only be users, and no artist originators. My example is not an anomaly but a harbinger of what is to come if “Orphan Works” should pass.


I believed that the U.S. Copyright Office has been the registry institution living artist generations have paid into to register their works. U.S. Copyright law provided artists the necessary protection of common law copyright law as well as statutory copyright for registered work. Now this institution has turned its back on creators.

I believe there is a place for true Orphan Works in a well defined bill. This Orphan Works bill is nothing more than a license for “USERS” to take art at will.

To change copyright law to the Orphan Works language prior to this writing, is to destroy a business model and bastion of creative thinkers to produce fresh new works that support a delicate “eco-system” – the economy system that starts with the small businesses that support the larger business in this country and abroad.

Sincerely,

Andrea Mistretta
www.andreamistretta.com

House trying to get Orphan Works on agenda NOW!

We are asking everyone who can to not only contact their Congressperson but
to also contact the House Leadership and key Members of the House Judiciary
Committee.

THIS needs to be done NOW as they are trying to get Orphan Works on the
agenda for this morning.

This is very important as we need to make sure they keep the Orphan Works
Legislation HR 5889 and S 2913 off the House Calendar and from being
released from the Judiciary Committee.

-------------------------------

WHAT YOU NEED TO DO NOW and get others to do across the country

We need to get to Speaker of the House Nancy Pelosi and House Majority
Leader Steny Hoyer and ask them NOT to allow H.R. 5889 to go on the
calendar.

We also need to get to 4 critical members of the House Judiciary
Committee and tell them NOT to abandon their version of the bill and
accept the Senate version.

THE INFO:


If you have trouble getting through on their individual lines, you can
also CALL CONGRESS: 1-800-828-0498. Tell the U.S. Capitol Switchboard
Operator "I would like to leave a message for Congressperson __________
that I oppose the Orphan Works Act." They will switch you through to
the lawmaker's office and often take a message which also gets passed on
to the lawmaker. Once you're put through give the same message.

There are two letters at the end of this email that you can use/adopt:


CONTACT INFO TO USE FOR LETTER #1 FOR The House leadershipt Speaker Pelosi
and Majority Leader Hoyer:

Rep. Nancy Pelosi AmericanVoices@mail.house.gov



Phone: (202) 225 4965 Fax (202) 225-8259
Phone: (415) 556-4862 (San Francisco office)

Rep. Steny Hoyer steny.hoyer@mail.house.gov


Phone: (202) 225 4131
Fax (202) 225-4300
Phone: (301) 474-0119
(Greenbelt office)

Phone: (301-843-1577 (Waldorf office)


CONTACT INFO TO USE FOR LETTER #2 FOR key members of the Judiciary
Committee:

Chairman Rep. John Conyers, Jr. john.conyers@mail.house.gov


Phone: (202) 225-5126 Fax: (202) 225-0072
Phone: (313) 961-5670 Fax: (313) 226-2085



Rep. William Delahunt william.delahunt@mail.house.gov


Phone (202) 225 3111 Fax (202) 225-5658
Phone: (617) 770-3700 Fax: (617) 770-2984



Rep. Jerrold Nadler jerrold.nadler@mail.house.gov


Phone: (202) 225-5635 Fax: (202) 225-6923
Phone: (212) 367-7350 Fax: (212) 367-7356


Rep. Howard Berman howard.berman@mail.house.gov


Phone: (202) 225-4695 Fax: (202) 225-3196

Phone: (818) 994-7200 Fax: (818) 994-1050

House moving on Orphan Works bill Now.

FROM THE ILLUSTRATORS' PARTNERSHIP

THE HOUSE ORPHAN WORKS BILL (H.R. 5889)
IS MOVING IN THE HOUSE NOW

10.2.08

Phone, fax, email these Congressman immediately

DELAHUNT Phone (202) 225 3111 Fax (202) 225-5658
Phone: (617) 770-3700 Fax: (617) 770-2984

CONYERS Phone: (202) 225-5126 Fax: (202) 225-0072
Phone: (313) 961-5670 Fax: (313) 226-2085

NADLER Phone: (202) 225-5635 Fax: (202) 225-6923
Phone: (212) 367-7350 Fax: (212) 367-7356

BERMAN Phone: (202) 225-4695 Fax: (202) 225-3196
Phone: (818) 994-7200 Fax: (818) 994-1050

EXPRESS YOUR OUTRAGE AT THE WAY THIS IS BEING DONE

We've been getting assurances all day that the bill was "dead for this year."

TELL THEM NOT TO PASS THIS ANTI-COPYRIGHT LAW

* UNDER COVER OF NIGHT
* UNDER COVER OF ECONOMIC CRISIS
* UNDER COVER OF ANOTHER TELEVISED DEBATE

TELL THEM THIS IS AN OUTRAGEOUS WAY TO RE-WRITE THE COPYRIGHT LAWS OF THE UNITED STATES

Homer Simpson must be from Florida

From the Huffington Post website....

Orphan Works NOT Dead!

Blogs are stating the Orphan Works bill is dead.
This is not true.

The House bill is dead. Which means the legislation is dangerously close to passing.

Senators Orrin Hatch (R) and Senator Patrick Leahy (D) along with Congressman Howard Berman (D) vowed to pass Orphan Works this year. The Orphan Works bill has passed the Senate. The House has already agreed they would be fine taking up the Senate Bill as a substitution for the House Bill.

There is a high probability the House may pass the legislation tomorrow when the House is in session again.

The House will probably be operating under suspension rules again, meaning they don't have to follow the normal protocols. No one is sure how long the House will stay in session. It may go through the weekend, depending on how long it takes for them to negotiate and pass a bailout rescue.

It is believed that the Orphan Works bill is in play anytime in the House is in session.

They may also come back for a lame-duck session in November after the election.

The bill is not dead and artists need to be aware this is not over yet.

Due to the bailout bill, e-mails are blocked in some offices because they've been overwhelmed with angry constituents about the economy. Faxes are jammed. Many artists have said that they can not get through the Washington phone lines due to the large volume of calls.

Artists are trying the representatives home offices in order to get through.

Remember, every one of your Congressman is standing for re-election and it is important to remind them of that point as you call them.

The bill is not dead.

Artists' Organizations Unite against Hot-lined Orphan Works Bill

The Orphan Works bill is being Hotlined and with 70 organizations opposing a bill only a handful of organizations support action is needed to be sure the majority is heard. Take a good look at the mess happening on Wall Strett and ask yourself who will bail out artists if this goes through? Artists need to speak out against this projected revenue opportunity for others.



ORPHAN WORKS BILL HOTLINED
Again.

THIS MEANS IT COULD PASS THE SENATE THIS AFTERNOON
PLEASE CALL YOUR SENATORS IMMEDIATELY

ASK THEM TO VOTE NO ON THIS BILL:
S2913 THE SHAWN BENTLEY ORPHAN WORKS ACT OF 2008

ASK THEM TO PUT A "HOLD" ON THE BILL:
TELL THEM YOU OPPOSE THIS CONTROVERSIAL BILL
ASK THEM NOT TO PASS IT WITHOUT A FULL AND OPEN HEARING
WARN THEM THAT IT WILL DO GREAT HARM TO SMALL BUSINESSES

To find your Senators' phone numbers go to the Illustrators' Partnership Orphan Works site:

http://illustratorspartnership.capwiz.com/illustratorspartnership/dbq/officials/

At the top of the home page, click on "Elected Officials"
You'll find a US map:
Click on your state,
Then "Senators,"
Then click on each Senator's name,
Then click "Contact."
This will give you their phone and fax numbers.

Please phone and fax them both immediately.

-Brad Holland and Cynthia Turner, for the Board of the Illustrators' Partnership

__________________________________________________

Over 70 organizations are united in opposing this bill in its current form. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses.

The Capwiz site is open to professional creators and any member of the image-making public. Sample letters have been provided. International artists will find a special link, with a sample letter and instructions as to whom to write.

If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: illustratorspartnership@cnymail.com Place "Add Name" in the subject line, and provide your name and the email address you want used in the message area.

Please post or forward this message in its entirety to any interested party.