Suing for copyright infringement is costly, and in the case of my art piece, the design was unrecoverable. The copyright owner (not me, someone I sold the design to) did not have the means to make a full recovery for the illegal copies and sales of his rightful material.
If the Orphan Works Act was in place, the infringing party would not be sued by a copyright owner over infringement, he would be facing the government for filing improper paerwork, if the infringing party went as far as to lie to the government, and the pieces would not be approved for sale to begin with, for the government would do a search of their own and find that turtle design registered to me, and connected to public contact info.
The infringing party would not face a lawsuit by the owner I sold it to, he would face the court system of the government directly (what do they call that? I forget what it is called) for lying to the government, or perhaps failing to file paperwork, whatever the case may have been, and the turtle may never have been sold in the first place.
Everyone who does not want this to pass needs to look at the bigger picture, to look at the whole process, before and after... to know that it is all covered. There can't be any legal infringement if the paperwork is not passed in the first place. the government will make sure of that, for they will be making a search of their own, and they will not have infringement on their minds, which seems what you all are worried about... Infringing parties lying on their registration papers.
My opinion overall... Faith in the government is what this disagreement is all about, not faith in an undefined search.
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Re: Lawsuit of Countless Illegal Copies
Date: 2008-06-27 01:58 am (UTC)If the Orphan Works Act was in place, the infringing party would not be sued by a copyright owner over infringement, he would be facing the government for filing improper paerwork, if the infringing party went as far as to lie to the government, and the pieces would not be approved for sale to begin with, for the government would do a search of their own and find that turtle design registered to me, and connected to public contact info.
The infringing party would not face a lawsuit by the owner I sold it to, he would face the court system of the government directly (what do they call that? I forget what it is called) for lying to the government, or perhaps failing to file paperwork, whatever the case may have been, and the turtle may never have been sold in the first place.
Everyone who does not want this to pass needs to look at the bigger picture, to look at the whole process, before and after... to know that it is all covered. There can't be any legal infringement if the paperwork is not passed in the first place. the government will make sure of that, for they will be making a search of their own, and they will not have infringement on their minds, which seems what you all are worried about... Infringing parties lying on their registration papers.
My opinion overall...
Faith in the government is what this disagreement is all about, not faith in an undefined search.