Commentary by A.E. Sabo | ©2008 A.E. Sabo

THE ORPHAN WORKS ROUNDTABLE AND WEBCAST / CONDUCTED BY THE SMALL BUSINESS ADMINISTRATION : How Will the Orphan Works Bill Economically Impact Small Entities 

Most artists associated with professional organizations were asked to take a few moments to draft a letter to the powers that be to give their two cents about a new bill that is to come to the attention of our legislature. Well, here be my two. Maybe that’s two cents more than its worth, but at least I gave it a shot. To all you artsy types, please do the same. Let us not become complacent in our actions to allow our artworks to be declared orphans, nor our artists livelihoods to be reduced to that of destitute widows.

Dear Board Members of the Small Business Administration,

I am a freelance cartoonist who specializes in the creation of custom works for a client base of small businesses and non profit organizations. I interpret this argument of ‘fair use of orphan artworks’ as detrimental to my industry. The very basis of this new methodology of copyright protection suggests that creative industries, as a whole, shall leave themselves vulnerable to have a certain percentage of their works possibly interpreted as ‘orphaned’ (provided that a simple criteria, which seems to lack clear and concise enforcement, is met.) These works in question shall now become ‘recyclable’ to the general public and may be exploited indefinitely, at possible great financial loss to their originators. To add to such vulnerability is a lacking standard of compensation for those who complied to the new system, yet still found their rights infringed upon. Shouldn’t works that are without means to assign credit towards, or to reward compensation to, be rendered as non viable? Perhaps works not listed in these suggested massive data vaults, proposed to be maintained by a loosely regulated private sector, should indicate the works in question are NOT usable for means of general public profit? What industry thrives economically when a rival, non perishable surplus becomes a factor? If all ‘orphaned’ art is granted status as a ‘viable’ commodity, it creates a new form of competition for the artist who normally seeks employment to fill the demand for needed works.

As an independent artist, I keep prices competitive in an increasingly global market by offering a variety of rights packages that accommodates one’s budget and individual needs. No smaller end client will feel justified to pay for the entitlement of full rights once its common issue that such rights are no longer as enforceable, or the damages rewarded in the event of violation aren’t worth seeking. The internet and its flux of content is basically uncontrollable. Very often, works are placed on the web, minus the creator’s consent by admirable bloggers and home based web users- unaware of the damage that may now transpire due to their actions. How can I, as an artist, retain economic stability with my work if there lies question if my copyright ownership is truly secure? Without that security, the value and future sale of the work will certainly be compromised. Also compromising the economic stability of my work will be the loss of income (due to non billable hours) for the requirement of keeping current (possible numerous) databases, paying possible upload and storage charges, and having to determine which art remains on the database and copyright secure, and which do not, based on my ability to pay.

Thank you for allowing me this platform to voice my concerns. 

Ann E. Sabo   

Snazzy letters need not apply: go to- http://capwiz.com/illustratorspartnership/home/  to get involved. 

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