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Daedalus  

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Making Art Theft Legal - Update

Journal Entry: Sun Apr 13, 2008, 12:06 AM
(this version was made by :iconbudgie: but it hink its the best said, and she made it easy to understand! so i am spreading the sickening word too!)

(In response is this particular point of interesting reading. - [link])

I know there are already alot of journals circling about this, many of which are very confusing to read and send you to thousands of places to get the same information, so I'm going to try to clear this up a bit. For those of you who hate reading, here is the summery of everything that is being said:

The states are looking to pass a bill that states you no longer have rights over your work. I wish this statement was some horrible dramatic exaggeration, but this is exactly what is happening. So what does this mean exactly? Anyone who feels like it can take your work and do whatever they please with it, legally, without your permission. As soon as you create something, it will no longer be yours.


Ok so... WTF?

"An Orphaned Work is any creative work of art where the artist or copyright owner has released their copyright, whether on purpose, by passage of time, or by lack of proper registration. In the same way that an orphaned child loses the protection of his or her parents, your creative work can become an orphan for others to use without your permission." - Mark Simon [link]

Alright, so, how shit works now is if you make something, it is automatically protected. This is fairly common knowledge (as well as common sense), what the Orphan Works bill does, is takes your protection away. As soon as you create an image, it is, by default, an "Orphaned" image until you go out of your way to put your time and money into registering it (yes, it will cost you money to register your own work). If you do not register your work, you give up all rights you have under the current system, which means anyone may use your artwork for whatever they please. They may take the likeness of your characters and turn them into crappy fast-food mascots, they may take that funny shot you have of your older sister in her bathrobe and use it in an ad to promote their pornography.

Here's an even bigger kick in the balls: Registering your work still doesn't protect it completely.

"The Orphan Works Legislation is written in a way that anything you make is orphaned from the moment of creation. This applies to finished works, sketches, literature, music, animation, film...even family photos. Any and every creation made in the past, present or future. And in order to receive the minuscule amount of protection the bill does give, we will be forced to pay for registration in private registries for every single work created. For professionals or even hobbyists that share a lot , this would mean paying for thousands of works for registration in multiple registries. To top it off, anyone who infringes upon even a licensed work and is brought to court need only say that they could not contact the artist as a defense. The Orphan Works Bill will protect the users of your work more than it will protect you, the creator. It could not be more obvious that this bill is an attempt to exploit artists worldwide in the guise of a noble cause." ~GraySapphire [link]

Even if you can somehow afford to register your hundreds of images with multiple registries, there is still a chance your image will be orphaned anyways.



“Our technology can match images, or partial information of an image – such as a single face of one person in a crowd, with 99% success... Over the years, we have established relationships with our partners and now track the use of millions of digital files stored in our huge centralized database.”


"PicScout is just one of several firms that hope to benefit from the Orphan Works bill. They envision a future registry in which registered pictures will not be available for review or browsing. Instead a searcher would feed in a desired image and if there’s a match, get back only the artist’s name and contact information – or be told there is “no match.”

So far, so good – for all the pictures in the registry. But “no match” – there’s the rub.

You Can’t Find What’s Not in the Registry: Let’s say you haven’t registered a particular image in the system. In that case, the best technology in the world won’t find it there. So unless every picture you’ve ever done is registered, the searcher’s failure to find a match would actually orphan a non-orphaned image.

But let’s say you comply with this coercive bill. You register tens of thousands of your works with one or more commercial registries. Are these works now safe from infringement? No! They can still be orphaned. Here’s how:

PicScout’s claim of “99% success” concedes a margin of error of at least 1%. Sounds small, doesn’t it? But consider:

– Google has already said they intend to use millions of orphaned works. Other businesses will use millions more.
– One percent of every million searches means 10,000 registered images “accidentally” orphaned.
– Multiply 10,000 accidental orphans by millions of millions of searches and you have an astronomical number.
– These are images that will be orphaned even though the artists spent the time and money to register them.
– Will these artists be able to sue for infringement?
– Yes, but at their own risk, because
– The users’ use of registries will prove they did a “reasonably diligent search.”

And there’s another problem:
– It’s statistically impossible for each million searches to orphan the same 10,000 images.

Therefore:
– Every image you register will be permanently vulnerable to an infinite number of orphan opportunities; also:
– An image may turn up as a “match” on one registry – while being orphaned on another.

There are many reasons why international law forbids coerced registration as a condition of protecting your copyrights.We’ve just given you some." - Brad Holland and Cynthia Turner [link]


More Reading

[link] <- this link contains many links that DA wont let us link without its retarded smilies mangling the URLs, they are all very informative, so if this is important to you, i recomend looking into them.

[link] <- another great journal with great info


What can you do about this?

As someone who is not American myself, there isn't much I can do but spread the word that this is happening. This will create problems around the world, if an American takes your shit, what can you do about it? It's legal where they live. This bill effects EVERYONE.

If you are however living in America, I will try to support you in any way I can. Make your congress aware that you won't stand for this shit and that your rights as an artist over your creations aren't theirs to take away.

[link] < - US Officials you can contact to protest this bill

In response is this particular point of interesting reading. - [link]

  • Mood: Anger
  • Listening to: NOTHING
  • Reading: The stuff I'm about to post.
  • Watching: My baby darling.. I wish.
  • Playing: Guild Wars
  • Eating: Nada
  • Drinking: Nada

Devious Information

  • Current Age: 21
  • Interests: Video game design, writing, lettering
  • Favourite movie: Batman Begins
  • Favourite band or musician: Argitoth, John Williams, Danny Elfman
  • Favourite genre of music: Video game music, soundtracks, classical music.
  • Favourite artist: SPARTICHI!!!
  • Favourite poet or writer: Myself, Lawrence Block, Clive Cussler, J.R.R. Tolkein (nobody builds a world like him...)
  • Favourite photographer: SCM, photographer and architectural designer.
  • Favourite style of art: Character concept art, landscapes, architecture
  • Operating System: Winblows (Now with Firefox)
  • MP3 player of choice: Winamp
  • Favourite game: Ages of Light and Shadow, Tales of Symphonia, Final Fantasy series
  • Favourite gaming platform: All
  • Favourite cartoon character: Jin (Samurai Champloo), Alucard (Hellsing), Branden (Gungrave)
  • Personal Quote: One who is of instinct and emotion is a Monster. One who is of logic and reason is a Machine.
  • Tools of the Trade: Head, Heart, Hand, Health... what the fuck? This isn't 4-H!

deviantART Notice

Devious Comments

~StealthSneak1:iconStealthSneak1: Mar 28, 2008, 5:52:43 PM
Thanks for the :+fav:

--
Now you see me, now you don't. Visit my page :[link]
~thehiddensapphire:iconthehiddensapphire: Mar 10, 2008, 4:56:09 PM
Thank you for the watch!
~Daedalus-Machina:iconDaedalus-Machina: Feb 8, 2008, 10:26:15 PM
Roast Best

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~Spartichi:iconSpartichi: Feb 8, 2008, 7:26:04 PM
Best Roast

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Y0l_l 937 l\l0 l3l_l7753X
watch out for those hamburgers on their sides o_o
~Daedalus-Machina:iconDaedalus-Machina: Feb 8, 2008, 3:36:51 AM
Rest Boast

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~RelativeSpace:iconRelativeSpace: Feb 7, 2008, 3:35:38 PM
Pest Toast

--
I taste like strawberry pocky. Lick me. Go on, you know you want to.
~Daedalus-Machina:iconDaedalus-Machina: Jan 6, 2008, 12:50:50 AM
Test poast

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~Daedalus-Machina:iconDaedalus-Machina: Dec 20, 2007, 2:52:15 AM
Awesome baby :P :glomp:

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~3D-blasphemy:icon3D-blasphemy: Dec 16, 2007, 8:56:13 PM
:snowing: ohhhhhh the weather outside is frightful...

:firelite-photo: but the fire is so delightful...

:cuddle: and since we've no place to go...

:snowflake: let it snow, let it snow, let it snow! :snowflake:

:holly: MERRY X-MAS BABY :holly:

...

and you have to like this because i said so. HAH!

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click-->[link]
~Daedalus-Machina:iconDaedalus-Machina: Dec 15, 2007, 11:31:39 PM
yeeeaaaaaah

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~IfIonlycould:iconIfIonlycould: Dec 9, 2007, 4:08:15 AM
Hello there, random deviant! Great Gallery! :gallery:
[link]

--
"But, suddenly, I viddied that thinking was for the gloopy ones and that the oomny ones use inspiration"
~cynic-at-large:iconcynic-at-large: Nov 22, 2007, 9:14:53 AM
I am on the membering things.
~Daedalus-Machina:iconDaedalus-Machina: Nov 22, 2007, 5:23:06 AM
In return, check out the link in the siggy.

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~Daedalus-Machina:iconDaedalus-Machina: Nov 22, 2007, 5:22:09 AM
Behold... knowledge... secrets of deviantArt passed down to respectable writers and wannabe letters...

[link]

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~cynic-at-large:iconcynic-at-large: Nov 12, 2007, 6:58:05 PM
Hey, can I ask you how you do the lettering for your pages? I kinda feel lazy not helping my artists with lettering and all. Do you have a program for it, or do you do it manually?

Regardless of how you do it, it makes your comics look SUPER polished and really cool.
~Daedalus-Machina:iconDaedalus-Machina: Oct 25, 2007, 10:17:16 AM
Test poast

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
~waterfall-wonders:iconwaterfall-wonders: Oct 3, 2007, 12:23:12 AM
:wave::blowkiss:

--
Do not push my back to the wall
You take this for granted
Right?

And I never wanted anybody else!
You took this all for granted
You took it all :blackrose:
=Guirnou:iconGuirnou: Sep 30, 2007, 5:29:02 PM
Hello !! I just wanted to thank you for adding me to your friends list... :) ! It's a pleasure for me to meet you :thanks:
~Wolfsheadart:iconWolfsheadart: Aug 3, 2007, 7:01:26 AM
Thankyou so much for adding Robert Wolfshead to your friends list. I am so pleased that you enjoy his work and honoured that you wish to befriend him. I do hope you will enjoy the rest of his collection.

Thankyou

Nocta x
PA to, and on Behalf of Robert Wolfshead
Dark Artist and Photographer
To see all work to date visit Roberts Gallery: [link]
To talk to Robert Visit his Myspace: [link]
~Difuoan:iconDifuoan: Aug 3, 2007, 3:04:13 AM
Hallo random dA
I take a bow
Are you OK
I hope so
Come to me
Come and see
My gallery

--
You are asking me what is going on in my head?
Why don't you care about your stupi stuff instead!

[link]

My gallery :spotlight-left: [link] :spotlight-right:
~Daedalus-Machina:iconDaedalus-Machina: Jul 18, 2007, 3:06:50 PM
HAHAHAH! I haven't listened to them in so long...

--
You game?
Oh, come on, I know you do.

Click here - [link] -
You know you want to. Just click. That's it... nice and easy.
How about comics? I got what you want.
=Blanzeflor:iconBlanzeflor: Jul 17, 2007, 12:44:48 PM
Ich liebe Rammstein!

--
"A sad, crazy, illogical dream, this life..." SejongKim1979 [link]

A dreamer is one who can only find his way by moonlight, and his punishment is that he sees the dawn before the rest of the world.--Oscar Wilde
~StealthSneak1:iconStealthSneak1: Jul 6, 2007, 11:21:37 AM
Thanks for adding me to your friends list.

--
Me...StealthSneak1