Orphan Works - Make Your Voice Heard

Happy St. Patrick's Day!

Even though the blog is updated sporadically, we have multitudes of followers. Thank you for your loyalty!

The US Government is asking for your input, insight, and feedback regarding Orphan Works. We have known for some time that SOMETHING was going to have to happen...well...it appears as if everyone on all sides are trying to attempt to make it look at least a little fair.

Anytime comments are solicited from a federal agency and it affects your livelihood, we encourage you to participate. Rest assured, in the upcoming days, you will find our response on this call for comments. Please feel free to post your comments, letters, etc. to this post.

All comments must be submitted by Wednesday, March 24 by 5:00 p.m. EST.

Please read below and we'll do our best here to keep you up to date!

One Voice DOES Make a Difference!
Tammy L. Browning-Smith



Last year President Obama appointed and the U.S. Senate confirmed Victoria Espinel to be the first U.S. Intellectual Property Enforcement Coordinator. Her job is "to help protect the creativity of the American public" by coordinating with all the federal agencies that fight the infringement of intellectual property, which includes creating and selling counterfeit goods; pirating video games, music, and books; and infringing upon the many other creative works that are produced by artists in this country.

As you know, the unauthorized copying, sale, and distribution of artists' intellectual property directly impact the ability of artists and creators to control the use of their own creativity, not to mention their ability to receive income they have earned from their labor. This impacts U.S. employment and the economy, and our ability to globally compete.

As required by an Act of Congress (The PRO-IP Act of 2008), Ms. Espinel and her White House team are preparing a Joint Strategic Plan that will include YOUR FEEDBACK on the costs and risks that intellectual property infringement has on the American public.

Here's how to make yourself heard!
1. Send an email to Ms. Espinel and the Obama Administration: intellectualproperty@omb.eop.gov2.

2. Include in your email: your story, why intellectual property rights are important to you, how piracy and infringement affect you, and what the U.S. government can do to better protect the rights of creative Americans.

3. Also include in your email: your name, city, state, and what type of artist you are.

4. DO NOT include any personal or private information as all comments will be posted publically on the White House website.

All comments must be submitted by Wednesday, March 24 by 5:00 p.m. EST.

(From the Copyright Alliance)

Strangers!

Greetings! We've been long lost strangers and we hope to rectify that!

'Tis the tradeshow season. May just returned from Surtex and are getting ready to head to the Licensing Show. I heard a wonderful comment from Ketra Oberlander from Art of Possibilities when she said: "I'll know in October if it was a good show or not." How right she is.

We're just touching base with all of you and reminding you to follow up. Right now, the most important thing is to FOLLOW UP and set your base of support in place. We've been receiving calls from some asking what to do next. There are lots of agreements that can be drafted, but it is best to put your energy on landing the deal, registering your copyrights, and making sure if you are showing any ideas...you have them protected.

Keep up the great work and sorry for being such a stranger!
Tammy

Tammy L. Browning-Smith, P.C.

Opportunities in the New Year

Happy New Year One and All!

I hope this finds you all enjoying a joyous holiday season and relaxing for a busy new 2009!

First question on most of your minds...What is going on with Orphan Works? It died when the Legislative Session ended in 2008. HOWEVER, January 8th is just around the corner. That is the start of the new Legislative Session. Rumors are swirling that new Orphan Works legislation will be forthcoming. HOWEVER, we firmly believe that the message has finally gotten to all sides of the issue that the visual arts community is not going away and needs a seat at the table. We stand ready, wiling, and able to help bring forth solutions to solving a problem, while balancing the interests of those who make their living from their work.

The Craft and Hobby Association Winter Show is quickly approaching January 24-28th in Anaheim. The focus will be on "Green" opportunities in the craft industry and an expanded Licensing and Design Section will be forthcoming. If you are interested in licensing...this is a GREAT place to be, network, find artists, find opportunities, and be part of a 30 plus Billion Dollar a year organization.

I am proud to announce that I will be speaking on International Law issues on January 25th. It promises to be full of tips and tricks for successful international relationships. Our firm is constantly fielding questions regarding the "ins and outs" of working across borders. The seminar will be from both a US perspective and an International Perspective. It promises to be full of information...that is for sure. There is so much to put in just 1 hour of time!

2:00 PM - 3:00 PM
Creating Successful International Relationships Business Seminar S114
	Speaker: Tammy Browning-Smith Room 207A The World is getting smaller. Today a business must work across international borders to succeed, but often face complicated legal and communication issues to make these deals a reality. Tammy Browning-Smith works extensively with international relationships, she can break it down and show you how! This seminar, for both US and International Attendees, will focus on issues that international business deals must consider to make their relationship a success, including: • Different Laws, Taxes, and Customs across the Globe • Protecting Your Ideas and Products across borders • Hints & Helps for Greater Profitability Plus…all attendees will leave with an International Resource Guide for further research.

The second item that we will be participating in is a "consulting series." This is basically a one on one with me for a 1/2 hr. The sessions will be for educational purposes only, but will give participants an idea of where to go and what type of resources they may need to look for. There are several different professionals sharing their time...it promises to be great!

I speak throughout the year and this is one of my most enjoyable and busiest venues. CHA has made it possible to attend many different seminars at a reasonable prices and have a special express pass for a fixed fee ($50???) that allows you to attend many different seminars. It is a GREAT deal.

Here's to a Create New Year (and hopefully more posts from me!)

Create with your Heart and Your Head!
Tammy

URGENT ORPHAN WORKS UPDATE!!!

Greetings All!

I know it has been a while, but we thought we were done with Orphan Works for the session and then we would get to come to the table to create a working solution. I have to report that this is trying to literally be passed in the middle of the night. The Senate passed a version of Orphan Works and now the House is trying to do the same.

PLEASE CONTACT YOUR CONGRESSPERSON NOW!
TELL THEM NOT TO ADOPT S.2913 OR HR 5889
They are trying to move Orphan Works tonight Oct 2 or tomorrow morning!!!

http://capwiz.com/illustratorspartnership/issues/alert/?alertid=11980321
Please help us stop Senate Bill 2913 and House Bill 5889 by CONTACTING your Members of CONGRESS and telling them to vote NO.
Call Congress For Free: 1- 800-828-0498.
For Background info on Orphan Works Legislation:
http://www.artistsfoundation.org/orphan.html

Orphan Works...Where Does It Stand?!

The Procedure for Copyright Registration Now (First Line) and Under the Proposed Orphan Works Legislation (Second Line & Third Line for Collections)

Happy 4Th of July for All My American Friends!

First and foremost...thank you for all of your support and kind words regarding my writings opposing Orphan Works. The Orphan Works Legislation is still active and our opposition needs to be STRONG.

Many of you have asked what you can do now....CALL YOUR CONGRESSPERSON AND SENATOR!

Here's the directions (with a BIG thank you to Dena)

1 ) Telephone your members of Congress at the U.S. Capitol Switchboard at (202)224-3121 and ask them to

SENATE:

Please place a hold on the bill S. 2913 – and open it up for public debate. This bill will devastate artists small business owners across the state and country. (You may also use the form letter and rebuttal letter as speaking points.)

HOUSE:

Please VOTE NO on bill H.R. 5889 when it comes for a vote. It has rocketed through the Senate and there is a fear it will be slipped through before the end of the legislative calendar (which may be less than 30 days!). This bill will devastate artists small business owners across the state and country. You may also use the form letter and rebuttal letter as speaking points.

The key is to not let up on the pressure. Many of you have asked how this will affect the average person. One of my biggest problems with these bills have been the procedural HAVOC it would create. It would clearly take the process of Copyright Registration out of the hands of the average citizen and make it an "attorney only" process. You will see below a chart that was created regarding the differences.

**There is an important note with this chart. There is a HOPE that someday there would be a visually search database, but the technology is at least 10 years away according to most experts. Therefore, key search words would still need to be employed.***

We must not loose momentum. We are making an difference. The key is to have this stopped now and for good. There are several options and alternatives and I'll be highlighting those. Sorry to keep you waiting so long for another blog, duty called all over the country!

Create with Your Heart and Your Head!
Tammy L. Browning-Smith

Orphan Works and Washington DC

Greetings All!

For two days I had the chance to truly be part of the political process, hitting the "Hill" to advocate against the Orphan Works Act. It was an amazing adventure and it brought home two things:

1) YOU MUST not only write but call your Congressperson and Senator. Many Senators and Congresspersons state that more than once these past weeks that our letters have been the "winner" when it comes to the most regarding an issue. This correspondence made it easier for us to get appointments and have people take note. Many on the Hill believe that this is not a controversial issue and that it will not harm anyone - your correspondence makes a difference!

2) Tell everyone you know to write and call. The other suggestion is to also go to your Senator and Congressperson's website and email comments directly off the form they provide. They do get those MUCH quicker. REMEMBER...the key is to WRITE and CALL!

Here is the example I sent and I used the "Small Business" Category. Please use your own words. The key is the legitimate numbers of contacts! The Senate has fast tracked this Bill and we must make our voice heard NOW! :

Please vote no on the Copyright Reform/Orphan Works Act. It would devastate small business for many artisans of all type in Ohio. There are ways in expanding Fair Use or creating stronger definitions in the Bill that the true orphans can be used. This bill with its provisions for searches, notices, and the like make it very difficult for a small non profit, individual and the like to use an Orphan and isn't that who this bill is supposed to help?!
Thank you for your time on this important subject!

I met some outstanding businesspersons and artists these past two days. I will continue to share their stories as it is their livelihood that will be devastated. These bills are truly Copyright Reform and do not address Orphan Works in any way. I can only hope that the creative communities and non profits can come together to work on a solution that will help create a Bill that addresses concerns and that does not include Registries that would give billions to private, special interests.

Keep on fighting the good fight. There are several thousand hits a day to this website, if you all acted...we could stop this. The key is to act in simple ways to make a huge impact!

We Shall Overcome!
Tammy L. Browning-Smith
(One Very Tired Attorney Who Met with 14 Offices in 1 1/2 days!)

The Fight Against the Devastating Consequences to the Orphan Works Act Continues

Greetings!

The Grass Roots Effort to stop the Orphan Works bills is going full steam ahead as many are beginning to truly understand the devastating effect these bills would have on the visual arts.  

Please check out http://www.owoh.org for the latest information, schedule of information, and the like.  

Your emails, calls and postcards ARE making a difference.  Please keep them up and don't forget to education yourself on the bills as well.  Be prepared to say why you oppose this and how it will affect your business.  Don't just take our word for it...

Keep fighting the good fight!

Tammy