Last week I saw a news item about Clause 43 of the UK Digital Economy Bill. For those of you that aren’t aware, this particular clause addresses the matter of Orphaned Works. Here’s what it’s about in a couple of sentences as I understand it (feel free to correct me if I’m wrong). From a 5,000 ft view, it basically says that the UK government has recognised that an in ability to use works (in this case photographs) simply because the owner/creator/copyright holder cannot be traced and therefore permission is unable to be requested, is a severe detriment to the UK’s cultural heritage. To this end they put together this completely barmy bill, that says if the originator of the image cannot be readily found and identified after making a best effort to do so, then the photograph could be considered and Orphaned Work, and as such be available for use by the person that promises they honestly, really did look very, very hard for the originator of the work.
I’m sure many of you can see how this is wide open to abuse from people that want images but don’t want to pay for the use, after all, as the phrase goes “It’s easier to ask forgiveness than permission!!“
Anyway, a bunch of very well respected photographers organisations and agencies got together, to propose alternatives to those already put forward by the Government.
I just wanted to use this post to draw peoples attention to that site: http://www.stop43.org.uk/
Take note, be aware, spread the word….. in the long run it could easily be your images being used without permission, and if you don’t live in the UK, this applies to you just as much, after all by definition, an Orphan Work is one where there is no indication as to who owns it, wherever they are in the world!!
