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.