Orphan Works- ASMP Update

- - copyright

ASMP is now calling for photographers to write their Senators after realizing the Senate version of Orphan Works has none of the changes they like in the House version and could still be passed into law the Senate version was changed for the worse. Here’s their statement:

“Call to Action on Orphan Works: ASMP urges you to contact your Senator in opposition to S.2913, the Senate version of the Orphan Works bill. Now is the time. We continue to support the House version, H.R. 5889.”

I think they both suck and have already written the Senate and the House.

Via, Photo Attorney.

There Are 11 Comments On This Article.

  1. No Name Today

    So Pearlman decides to change course after coming to the understanding that this was a bad piece of legislation from the get-go. Even after proclaiming to Congress that he represented the views of the majority of professional photographers. (which did not and never has)

    The know-it-all’s at ASMP National turn on a well-known shooter who has helped ASMP a great deal, branding him a Judas because he dared to go against the party line and advocate doing the right thing on his blog. Doing the right thing is writing your Congressman or Senator a personal letter voicing your concerns about the bill and its impact.

    When ASMP stops being tribal and begins to understand that the good of the industry sometimes means that ASMP does not get to grab the credit for every action, then I will consider joining. Until then, APA has got my money, loyalty and support.

  2. @3 I have to agree with much of what you wrote. I may be naive about the workings of Washington and all that legal stuff but, it seems to me that a full on campaign against this bill – that has never been in our best interest – would have been better than waiting for it to get one step further.

  3. Funny how a post with news important as this gets only a handful of comments but when a photogs image is not chosen for the free promo everyone gets butt hurt like you kicked a baby.

    The Orphan Law, if passed in its current form, is going to change the way our entire industry operates.

    It’s another way for the gov to make money off of artists while at the same time raising our CODB.

    Oh joy!

  4. Debra Weiss

    @3 – “So Pearlman decides to change course after coming to the understanding that this was a bad piece of legislation from the get-go.”

    To be fair, ASMP never supported the Senate Bill. In their most recent letter they are asking their membership to write the Senators and tell them that unless the protections (!) present in the House bill are not introduced into the Senate bill, they will oppose the bill.

    Both bills in my opinion are unacceptable. There is word that a vote on the Senate floor might take place on Wednesday. I urge you to pick up the phone and call your Senators. Urge them to vote NO and tell them that should they vote in support of the bill, you will have no part in their re-election.

    I was on Capitol Hill last week speaking with Senators, Judiciary Counsel, and Sr. Congressional Aides. In a nutshell, they just don’t get it. Should it pass in the Senate, it is not over as then the House and the Senate will go into the conference phrase. This can take a while and the bill can even die, although I would not hold my breath waiting for that to happen.

  5. No Name Today

    Debra,

    As you point out, ASMP did not support the Senate bill, but they did tell their membership to not write in opposition to the other bills – plus Pearlman misspoke to Congress when he said he represented the views of the majority of Professional Photographers. That was a bald faced lie.

    Changing course, a week after telling people to not write, does not raise my level of confidence in their abilities to navigate the Washington DC political waters or in their leadership skills. The reversal to me signifies that they are unsure of which way they are going – or so it appears.

    I have seen ASMP grab credit for way too many “victories” that were the solid work of many other trade organizations. I don’t trust them.

  6. Matthew Brown

    This is an awful bill that seeks to deprive creators of their rights, create employment for lawyers and “copyright search experts”, while at the same time not actually doing any good for those who want to preserve and display genuinely orphan works.

  7. @8
    This writer knows so much, he/she can’t post their name.
    Yeah…real credible post….

    I’m an ASMP member. I’ve seen many great things they have done as an organization and I’ve seen some real bone head moves done as well. I’d like to know what “NoNameToday” has done for our industry as well as naming specifics where ASMP takes credit or grandstands.

    Sorry this comes off as baiting, but it really irks me that professionals (if you are that) don’t use their names. Credibility lacks to say the least. IMHO,I really think that this blog would be much more credible and useful if posting names was mandatory.