The Orphan Works fun never seems to end!
OK… here is the latest and greatest skinny…
FROM THE ILLUSTRATORS’ PARTNERSHIP
An Unprecedented Grassroots Response
10.6.08
Thank you to everyone who wrote, phoned and faxed Congress during the last hectic weeks. Speaking virtually with one voice, artists have rejected the Orphan Works Act.
Does that mean it’s dead? No. Far from it. Lobbyists will continue to promote it, this Congress may yet find a way to pass it, and if not, it will be back when the next Congress convenes in January.
So what happened last week and what does it mean?
All week we’d been getting assurances from various sources that the Orphan Works bill was dead for this session. Experience suggested we not bank on that. Vigilance was the word last Thursday night.
Then, as if following the previous week’s script – with Congress struggling to pass the bailout package, with Congressional offices closed and a televised debate set to start – we suddenly got word from a reliable source that the House leadership had decided to try moving the bill that night. Minutes later we got a confirmation from our lobbyist on Capitol Hill. We put out our first Alert.
All night Thursday and throughout the day Friday we and our colleagues continued to call the offices of key members of the House Judiciary Committee.
Their legislative aides gave us conflicting reports. Some assured us the bill was not on the calendar. Others confirmed that House and Senate leaders were trying to reach a compromise. Others acknowledged that the bill could be added to the calendar once an agreement had been reached.
By mid afternoon Friday the bill hadn’t passed and we received word from our lobbyist:
“No leadership decision on adjournment time yet . . . will be forthcoming . . . if they don’t adjourn sine die today (and they won’t), the Judiciary Committee Chairman, the Speaker and the Whip could, indeed, bring something like that back during a Lame Duck [session], if there is one [after the elections in November].”
So once again, vigilance is the word.
Catch 22
What many people don’t realize is that true opponents to the Orphan Works Act have had to labor under a Catch 22.
In 2006, when the bill was first introduced in the House, the then-Chairman warned that any group which opposed it would be “ignored” and “left behind.” Accordingly, only interest groups that agree to support the bill without fundamental changes have been allowed a voice in its drafting. Catch 22.
This is why the House bill has grown into a complicated piece of legislation. In addition to the databases where copyright owners would have to register their work, the House bill calls for the creation of a privately owned Infringers’ archive, sanctioned by the Copyright Office, where infringers would file a Notice of Intent to infringe works.
But a database where infringers can register their paperwork won’t protect your work – it can still be infringed. In fact, as a for-profit enterprise, the Archive will be in business to promote infringements. Its inclusion in the bill will simply give middlemen a chance to create the Archive, cutting themselves in as additional beneficiaries of the legislation.
As a result of this Catch 22, true opposition to the bill has had to come from the grassroots. We’ve had to fight against it from the outside. And as a cottage industry, we don’t have the lobbying resources of Big Internet firms and others.
Last spring we were warned not to oppose the bill at all because we’d be “rolled over” if we tried. But since then, more than 75 professional organizations have come together to oppose it. This represents more than half a million rights holders – and the number is growing daily as more people find out about it. This grassroots response has been unprecedented in the history of our field.
Where do we go from here?
The problem with this legislation remains its central premise: It creates the public’s right to use your work as a default right, available to anyone whenever you fail to make yourself sufficiently available for them to find.
This is a radical change to the way our government views private property. And we cannot see surrendering the exclusive right to the work we create to have a “seat at the table” of those dismantling that right. So, as we extend our most sincere thanks to all of you for your quick and heartfelt responses over the last weeks we hope to build on that momentum in the weeks ahead.
For the next month, lawmakers will be home campaigning: every member of the House is up for reelection. This means it would be the time for artists in each district to schedule a personal appointment with their representative. Write them and fax them at their home offices. Meet with them if you can. We’ll post talking points on our blog: http://ipaorphanworks.blogspot.com/
Tell them that you’d support a true Orphan Works bill, and refer them to the Amendments submitted to the House Subcommittee on July 11 by the Illustrators’ Partnership, Artists Rights Society and Advertising Photographers of America. http://ipaorphanworks.blogspot.com/2008/07/hr-5889-amendments.html If the real goal of this legislation is to benefit libraries and museums, our amendments suggest a precise way to do it.
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Over 75 organizations oppose this bill, representing over half a million creators.
U.S. Creators and the image-making public can email Congress through the Capwiz site: http://capwiz.com/illustratorspartnership/home/ 2 minutes is all it takes to tell the U.S. Congress to uphold copyright protection for the world’s artists.
INTERNATIONAL ARTISTS please fax these 4 U.S. State Agencies and appeal to your home representatives for intervention. http://www.illustratorspartnership.org/01_topics/article.php?searchterm=00267
CALL CONGRESS: 1-800-828-0498. Tell the U.S. Capitol Switchboard Operator “I would like to leave a message for Congressperson __________ that I oppose the Orphan Works Act.” The switchboard operator will patch you through to the lawmaker’s office and often take a message which also gets passed on to the lawmaker. Once you’re put through tell your Representative the message again.
If you received our mail as a forwarded message, and wish to be added to our mailing list, email us at: illustratorspartnership@cnymail.com Place “Add Name” in the subject line, and provide your name and the email address you want used in the message area. Illustrators, photographers, fine artists, songwriters, musicians, and countless licensing firms all believe this bill will harm their small businesses.
Please post or forward this message to any interested party.
STOP THE U.S. ORPHAN WORKS ACT NOW.
Scarlett O’Hara: Manipulative Vixen or Misunderstood?
About 2 years ago, I got to thinking a little more about dear Scarlett and it hit me: I want to BE a modern day Scarlett O’Hara.
I made this proclamation to a friend who is a therapist and she told me I better have a good explanation or she’d be putting me in therapy twice a week, and pronto!
Although many profess to be fans of the epic saga “Gone With The Wind”, digging deeper it is hard to find any true Scarlett fans. Like many strong, modern day women, Scarlett O’Hara is misunderstood.
While watching the movie with my boyfriend, he could barely sit through it. He found Scarlett to be ‘evil personified’ – everything he finds unattractive in a woman. He too, was concerned when I told him of my desire to be a modern day Scarlett.
Don’t get me wrong, her moral compass was in need of repair. Her “fiddle-dee-dee’s” eyelash batting and the whole “I’ll worry about that tomorrow” could be a bit much.
But Scarlett O’Hara was a woman who knew how to succeed in the environment she lived in, and what woman doesn’t want that? (Or man for that matter)
Here are the top 5 reasons I want to be a modern day Scarlett O’Hara.
(And I don’t even include how great she looked in evening wear!)
1. Scarlett Knew How to Read and Relate to Her Audience
If you watch the movie again, see how good she is at presenting herself to get what she wants from the 
people around her. With her keen sense of human behavior, she knows to play “Daddy’s Little Girl” with her father. She should get an Oscar for her ability to play the “Damsel in Distress”. While she acted innocent and in need of protection with most men, she knew that the way to get Rhett Butler’s attention was to let her spoiled little girl side and temper show. Remember when she wanted to be in Atlanta to see Ashley? How well she played the role of dutiful niece to Aunt Pittypatt.
2. Scarlett was an Agent For Change
Scarlett O’Hara didn’t blindly accept the norms of her time. Throughout the movie we see her bucking the system. She doesn’t see why the women have to nap during the barbeque. She wants to eat and enjoys food, in spite of constant reprimands by Mammy. She wants to run a business, own property, be in charge of her own destiny – not simply sit and look pretty while being taken care of by a man.
3. Scarlett Had Amazing Strength When She Needed It
How many women can go from “Damsel in Distress” to helping men who are wounded in a war with the blink of an eye? When Atlanta is being bombed, Melanie is giving birth and Miss Prissy is completely losing it, Scarlett takes firm control of the situation and keeps everyone safe in spite of huge obstacles. (Like bombs, fire and stampeding mobs!)
4. Scarlett Could Swallow her Pride & Get the Job Done
It isn’t easy to stand tall when you haven’t made the best choices, or when you must admit you need help—especially for a strong-willed gal like Scarlett. When the plantation is in shambles and her sister’s are falling apart, Scarlett takes charge. She organizes the family and works the land to grow food for their survival.
Scarlett makes a dress from curtains, trying to show Rhett Butler she is doing well when she needs his help. She holds her head high, with a stoic look on her face as she enters Melanie’s party wearing her red dress, ready to accept whatever consequence there will be for putting the men in danger.
5. Scarlett was a Shrewd Business Woman
Women couldn’t own businesses in her day – so she found a man who could and who would let her run it. It is unfortunate that this man happened to be her sister’s fiancé, but that does make for good movie drama. Thankfully women don’t have to resort to stealing our sister or friend’s fiancé to own a business these days!
Through it all, Scarlett remained a woman with vulnerabilities and a very feminine side. So I say keep your ‘fiddle-dee-dee’s’ and swooning to a minimum and channel your “inner Scarlett”. Let the strong, self-assured woman inside shine!
Who doesn’t need a little of her spunk and tenacity these days????
~ Tara
P.S. You guessed it – I was named after the plantation, which I’m sure, at least in part, accounts for my love of the movie.
P.P.S. Pictures are ©WarnerBrothers / MGM and the movie “Gone with the Wind”
Color Psychology of Red – Stop and take note!
Red…. It conjures up so many things.
Today I’m “Seeing Red” because I’m pretty dang unhappy about the Orphan Works bill that was unanimously passed by the Senate and is now flowing through the house… I’ve discussed this before and since this blog is about the color red, I’ll refrain from hopping back on the soap box — but if you want a refresher, here is a great site to see what is going on: ORPHAN WORKS INFO
If you have kids in your life, you may be familiar with Clifford the Big Red Dog…
Ever see a red dog? I think Clifford is red so he is easy for kids to find in the story books and tv show.
And what do you do at a red light? STOP
Red… if you realize it or not, connects to certain emotions or reactions in your brain.
(These can vary by culture of course — assume we are talking American Color Psycholoy)
RED IS… exciting, high energy, provocative, stimulating, sexy
Red grabs attention — for better or for worse. As a caution for safety or or a symbol of questionable morality.
Looking at one of my favorite movie heroines — why do you think Rhett Butler made Scarlett O’Hara wear the red dress to Melanie’s party after she was the cause of dear Ashley’s misfortune? So she would stand out and no one could miss her of course!
The Police sang about the color red in the song “Roxanne” — remember?
Roxanne
you don’t have to put on the red light
those days are over
you don’t have to sell you body to the night
Ever heard of the the book “The Scarlet Letter”? Yup! Scarlet is red and it’s a warning to beware of the woman with loose morals.
Statistically, what color car gets pulled over for speeding more than any other? You guessed it –Red. Maybe people who buy red cars like to drive faster or maybe they are just easier to see!
Want to stand out at a cocktail party? Wear red. You will probably be one of the few bits of color in a sea of black.
So how do you use this information to your advantage as an artist?
Playing with color allows you to direct a person’s eye — add using red for whatever you want to stand out the most — be it a dog, a shirt or a shoe — is a great way to make the viewer take notice.
Which shoes do you notice first? It is 2 of the same thing… but I’m guessing you saw the red shoes first.
Our brain gets so much input that it finds ways to sort and prioritize, and we are trained to take notice of the color red first and foremost.
Enough said for now — go forth and “Paint the Town Red”!
~ Tara
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