I think rephrasing this stuff with a sardonic voice does not take away the facts that are still present. I'm particularly concerned with your item number 3. Sorry, but Mark Simon is still spot on with this one. It's ridiculous to think that someone can search for someone, not find that person, and then just use their artwork because they don't know who they are. I don't even know how you would begin to find someone based off of nothing with a picture and an un/signed photo. There would be no way of tracking this, and yes, people would take advantage of it.
And, as you say, when you go to get recompensated, you say you will receive a 'reasonable amount.' In case you're unaware, a 'reasonable amount' right now is whatever the person (NOT THE ARTIST) would normally pay for a piece of work. That means if someone pays $200 to have a piece of artwork in his book, and the artist would charge $5000 for his painting to be used, the judge would still side with the $200 because that's the 'reasonable amount.' This is bull.
If you need something creative for whatever project you're working on, whether personal or business related, you have to either - 1) CREATE IT YOURSELF, or, if you're not capable 2) HIRE SOMEONE ELSE, or, if you're trying to restore family photos 3) FIX THEM YOURSELF.
If you have historical photos you would like to use - HIRE A PAINTER OR AN ILLUSTRATOR TO MAKE A SCENE OUT OF IT. BE CREATIVE! The photos were never yours to begin with; it doesn't matter how you think you can use them now. If you're that passionate about telling a piece of history, put them in a place or with a society where, once the copyright protection is up, people can use them.
People who are in favor of this bill always claim 'current copyright limits creativity.' Sorry, but breaking the current copyright laws does not enhance creativity. The copyright laws we have right now are what allow us to be one of, if not 'THE,' most creative nations in the world.
I'm also concerned with number 6. As you say, "if someone infringed on your work and you send them a takedown notice..." ........ AN ARTIST SHOULD NOT HAVE TO DEAL WITH THIS IN THE FIRST PLACE. Full stop. I cannot say this enough times. If it's not yours, DON'T USE IT. Secondly, I don't want to have to track down my pieces all over the internet. I don't want to have laws that make it easier for my work to be used by others. And thirdly, WHAT ABOUT PRINT? I can't send a takedown notice to someone who's printing my art in a book?! Do you think the court is going to support me when I say 'stop using my art?' No, they'll say, 'here's $200, now be happy and go sit back down.' Bunch of crap.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
Still siding with Mark Simon
Date: 2008-05-03 04:06 am (UTC)And, as you say, when you go to get recompensated, you say you will receive a 'reasonable amount.' In case you're unaware, a 'reasonable amount' right now is whatever the person (NOT THE ARTIST) would normally pay for a piece of work. That means if someone pays $200 to have a piece of artwork in his book, and the artist would charge $5000 for his painting to be used, the judge would still side with the $200 because that's the 'reasonable amount.' This is bull.
If you need something creative for whatever project you're working on, whether personal or business related, you have to either - 1) CREATE IT YOURSELF, or, if you're not capable 2) HIRE SOMEONE ELSE, or, if you're trying to restore family photos 3) FIX THEM YOURSELF.
If you have historical photos you would like to use - HIRE A PAINTER OR AN ILLUSTRATOR TO MAKE A SCENE OUT OF IT. BE CREATIVE! The photos were never yours to begin with; it doesn't matter how you think you can use them now. If you're that passionate about telling a piece of history, put them in a place or with a society where, once the copyright protection is up, people can use them.
People who are in favor of this bill always claim 'current copyright limits creativity.' Sorry, but breaking the current copyright laws does not enhance creativity. The copyright laws we have right now are what allow us to be one of, if not 'THE,' most creative nations in the world.
I'm also concerned with number 6. As you say, "if someone infringed on your work and you send them a takedown notice..." ........ AN ARTIST SHOULD NOT HAVE TO DEAL WITH THIS IN THE FIRST PLACE. Full stop. I cannot say this enough times. If it's not yours, DON'T USE IT. Secondly, I don't want to have to track down my pieces all over the internet. I don't want to have laws that make it easier for my work to be used by others. And thirdly, WHAT ABOUT PRINT? I can't send a takedown notice to someone who's printing my art in a book?! Do you think the court is going to support me when I say 'stop using my art?' No, they'll say, 'here's $200, now be happy and go sit back down.' Bunch of crap.