Artists Call to Action! The Orphan Works Act of 2008

Artists Call to Action: The Orphan Works Act of 2008


On April 24, Senators Pat Leahy (D-VT) and Orrin Hatch (R-UT) and Representatives Howard Berman (D-CA), John Conyers (D-MI) and Lamar> Smith (R-TX) introduced legislation (S.2913, HR 5889), which is now being referred to as the Shawn Bentley Orphan Works Act of 2008. It is virtually the same bill that was presented in 2006, and subsequently rejected by Congress. But now, they are trying again.

If passed, the Act would radically alter copyright laws, taking away the automatic copyright now guaranteed to artists of all types who create any type of work. Right now, under U.S.law, you are automatically guaranteed copyright on everything you create, from the sketches in your sketchpad to your best paintings and sculptures. Under the Orphan Works Act, every creator will be required to register everything he or she creates in a private registry system, requiring a fee of course, and supposedly to make it easier for the "public" to search for works and contact the creators if they want to use the works for some purpose.

Everything created in the last 30 years will need to be registered through this as-yet nonexistent system, including those works already registered via additional fees with the copyright office. If they aren't, and some member of the public makes "due diligence" to find the creator of a work and can't find him or her, that member of the public is entitled to use the work without any limitations, and artists will have no legal recourse. That means every piece of work you have out there, especially online, would be open season for use by major publishing houses and businesses (Microsoft
Proponents of the bill say it will assist the public in identifying and contacting creators of works and going through the proper channels to contact them to ask for permission. While we understand the need for an organized system of search, there are MAJOR FLAWS in the proposed bill that need to be addressed before any such proposal should take place. Here are a few points:

Under this law, you would need to register every piece of work you create, including those works that you have already registered with the Copyright Office officially, in some system that does not exist and would likely require you to pay to do so. The time and cost to do this is going to be prohibitive for visual artists. While this is meant to apply to all types of creative works, including music and literary, visual artists will be impacted the most because of the sheer volume of work we create, making it very expensive to register everything you have ever created or will create. For the visual arts, there would still be little protection for you and your work, even if it is registered, because search tools would rely on names of artists or titles of work, and not image recognition tools, which are still in their infancy of development. Under this law, if you register your work, you would have to respond to EVERY inquiry sent to you for use of the work. So in other words, if you have a work out there in a registry system, and some person contacts you and says he wants to use your work for free on his Web site or in his new catalog, you would need to take the time to officially respond to every inquiry within a specified time limit, letting him know if you do not want to have him publish your work for free. This will take a lot of time and effort that we, as professional artists, do not have.

Last week, the House Judiciary Committee unanimously approved the bill, and yesterday, May 15, the Senate Judiciary Committee did as well. This means the bill will be presented to Congress, likely before the end of May.

We need you to write to your representatives ASAP and let them know that you do NOT want this bill to be expedited, as it is now. Tell them we need a better solution, or tell them you don't want it at all: Just be sure to tell them something soon.

Click the links below to get more information on the bill, including a video that gives you a great overview of the artists' concerns:

http://youtube.com/watch?v=CqBZd0cP5Yc>
http://www.illustratorspartnership.org/01_topics/article.php? searchterm=00261 http://www.illustratorspartnership.org/01_topics/article.php? searchterm=00185 http://www.capwiz.com/artsusa/issues/alert/?alertid=11346091&type=CU http://www.capwiz.com/artsusa/issues/alert/?alertid=11346091&type=CU http://www.asmp.org/news/spec2008/orphan_update.php http://judiciary.house.gov/media/pdfs/Perlman080313.pdf

Click below for several options of pre-written and editable letters that you can fill out, and that will automatically identify and send it to your representatives when you enter your address. http://capwiz.com/illustratorspartnership/home/

My Analysis: As a Creative Writer, I do not make enough money to pay to have every one of my works registered. I rarely make more than one penny per online publishing. So, does that mean that I have no rights to my works because I haven't registered them? This bill is totally unacceptable to artists of any medium.

First, the money incurred to make sure that our works belong to us. Hello! we thought them up. This is a good way to crush creativity. And how much money do we make on our works anyway? You might be suprised at how little we make.

Second, we don't have enough time to work on our projects, let alone contact someone who wants to use our stuff for free. At least offer us some money! If you can't offer money, offer something good like a link on your website. And if we don't contact you back, or if we say no, we mean NO!

Third, so you want complete access to our works... well, this is a good way for the WELL TO RUN DRY on creative works. So who really owns creative and intellectual property? --the artist/thinker or the public? (This is just another --get something for nothing gig because hey, artists/thinkers can always think up more)... and that was sarcasm...

For registering our works, are you going to pay us? Are you going to feed us? Are you going to become our sugar daddies? If not, leave us alone and leave our work alone.

This just makes me totally crazy mad!

Dynavax and Merck report clinical hold of Heplisav vaccine

By Staff Writer

Dynavax Technologies and Merck & Co. have announced that the FDA has placed a clinical hold on the two investigational new drug applications for Heplisav, an investigational hepatitis B vaccine that is being developed for use in adults.

A clinical hold is an order issued by FDA to the sponsor to delay a proposed clinical trial or suspend an ongoing clinical trial. The FDA has placed the clinical hold on the investigational vaccine because of a serious adverse event (SAE) that occurred in one subject who received Heplisav in a Phase III study being conducted outside the US. The subject was preliminarily diagnosed as having Wegener's granulomatosis, an uncommon disease in which the blood vessels are inflamed. All subjects in this Phase III study have received all doses per the study protocol and all will continue to be monitored.

My Analysis: Many WG patients (some are sure that their triggers are virus or bacterial) have been sure that their triggers have been caused by organic chemicals or other industrial waste. But, because we are not always coherent because of medical treatment, we have been discounted. Here is an epiphany for the research community. Will they listen?

The rest of this article is here.

Update: Unfortunately, they have left themselves an out "pre-existing condition."

Wegener's Granulomatosis - Coping With Chronic Illness, Newly Diagnosed Patients

The following link as a video presentation forcoping with Wegener's Granulomatosis, a presentation by David Hellman, M.D.

Socializing for Introverts

My friend Lynn Raye Harris posted about socializing. Now she is an introvert. I know because we were good friends in Germany as liberal arts majors.

I am also an introvert. But, we did not have a hard time socializing. We did it the introvert way. Time: around noon or so. Place: Ramstein PX. Three or four of us would show up. We'd all get a coffee or two and then we would talk about the projects we were working on... or whatever took our fancy. It was great and we had fun.

Now if you are an extrovert, you would probably think that we are a pitiful small group for socializing. But, it was big enough for us. Introverts don't need to gladhand. Introverts need some time to be by themselves. Introverts get grouchy if they don't know anyone at the party.

I remember when I used to go to parties with my sisters. They were both extroverts. I would stand back and they would get more and more excited as they met people they DIDN't know. I couldn't understand them and they couldn't understand me.

A few years ago, I took a course about the difference between the different types of learners and mainly the extreme differences between extroverts and introverts. Extroverts need to bounce ideas off other people. They are the real socializers. Introverts need to bounce ideas off themselves. They need introspection time. Most people are bits of both. But there are some people like myself who are extreme. Yep, I am happiest when I am reading, writing, or dreaming. All of these are solitary occupations. (except for blogging... )

So when you see that woman or man hiding in the corner, don't feel bad for them. They are probably introverts, trying to catch their breaths... getting a little alone time.

Genetic Study for WG

This info appeared on another WG site today about the Canadian
research. I thought I'd copy it here to spread the news to a wider
audience. From Diana P.


Hi everyone,

I thought it might be time that I posted an ad for the study again!

Our researchers have identified two candidate genes (genes that seem
to be at a higher frequency in the WG population than the regular
gene pool), but in order to solidify this genetic basis we are in
need of more participants with a definite diagnosis of WG.

What we ask of our participants is:
-complete a consent form and questionnaire
-have a one-time blood draw

It's completely free to participate, and if you live outside of
Ontario, I will send you a 'blood kit' that includes the vials you'd
need for the draw, FedEx shipping materials and waybill, and customs
documents in order to get the biological specimen back into Canada.

If you're interested in participating, please send an email with "WG
genetic study" in the title to clinicalgenet.research@gmail.com
I'll respond as soon as possible!

I will be at the Vasculitis Foundation symposium in Rochester next
month to hand out kits for the study. I'll be at the Kahler Grand's
lobby each day of the symposium, so please keep your eyes out for me!
I'm very excited to get to meet whoever is able to come!

If you'd like to see what we're up to, follow this link.


Wishing you the best in health,

Alida Pokoradi
clinicalgenet.research@gmail.com

Hey advertisers! This one's for you

I am a creative writer. And, SocialSpark.com has just given me the opportunity to go full reign on my strongest talent. I can see myself sitting on a horse with a book in my hand. Read and be literate. Or I am wearing Levis for plus women. I can see the denim stretch to fit my well-shaped (huge) derriere.

Ummm... Here is an ad taken from the Budweiser Superbowl commercial. I am running through the brush at very slow speed with a Dalmatian training me. Then I become the next driver for the Budweiser team. Unless I fall down from exhaustion. (meds, ya know).

Well, let me be a little realistic here. I could be a poster girl for medications (imuran?) or a Weggie girl (Weggie is the shortened name of Wegeners) or as a reader.

So what are the products and advertisers that I would enjoy writing for? How about books. I love to read and write. I would love to be sponsored by Amazon.com, Borders, or Barnes and Noble. I spend enough in their stores that it would be nice if they would spread the love my way.

Or clothing? I spent a fortune at JC Penneys and UGGs last year. Cars? Subaru. I didn't even blink. We had a subaru in Germany. It was the best car for getting out of snow drifts. I want another one.

Technical or Computers? Ummm... Dell, Apple, I would love to write for any of the computer companies. My dirty little secret is that I was an electronics technician before I was a writer. I worked on huge computer systems in the Navy. After the Navy I repaired a telecommunications switch. And, later I repaired PCs in the 1990s. So I know a bit about the innards of a computer.

So I am open and ready to write for you. Advertisers... come on down to Socialspark and see what we can do for you. It has a lot of great writers there.

Clinical trial of Etanercept for Wegener's disease shows no benefit

A Johns Hopkins-led study designed to evaluate the ability of etanercept to maintain disease remissions in a serious autoimmune disorder has failed to show any benefit. Etanercept, also called Enbrel, is a common treatment for rheumatoid arthritis and other types of joint inflammation.

"We had hoped that this approach to the treatment of Wegener's granulomatosis would be useful in preventing disease relapses," says John H. Stone, M.D., associate professor of medicine, director of the Johns Hopkins Vasculitis Center, and lead investigator of the study published in the Jan. 27, 2005, issue of the New England Journal of Medicine.

The rest of this article is here.

In short, Etanercept does not work for WG patients.

My Analysis: Research is good in finding what works for chronic illness. Too bad that this medication will not help WG patients. However, it is another step towards some medication that can help us.

Mom on a Mission

I have been doing a little wandering throught the blogsphere lately and found this blog called Mom on a Mission. I was really impressed with the causes that she is involved in such as being a Kiva lender for small loans.

Her last post is about hunger in America. Now in Northern Nevada because of the rising gas and housing prices, we are seeing folks who are lining up at the food banks. They just don't have enough money to pay for food. Just last year, I was paying about sixty bucks for groceries that I pay about eighty to ninety bucks now. The milk is over four dollars a gallon.

Even our WG discussion group is beginning to talk about how hard it is to pay for medication and treatment. (This stuff is vital for our survival). So kudos to Mom on a Mission. And, check her out. You'll be glad you did.