Been some time

nodp








took some time to deal with this orphan work bill, that has alarmed the half of US artists. First I believed it, then I must admit I got more and more sceptical. I have come to the conclusion that the intentions with this law serves a good purpose and the copyright office will do a sincere job in getting this working to what it is meant for. Basically the copyright can not be cancelled by this law it is said in the conclusion from US copyright on commenting this bill. As long as this is true, nothing is really changed. The point in the law is that institutions, museums, filmcompagnies what ever can use a material without risking too much provided a qualified search that support the determination of a material as true orphaned, should the copyright owner appear.

How many dare take the risk to T H I N K they did a qualified search and did not, risking to pay a lot if the copyright owner shows up ??? It will take a lot to get that protection by law to use an orphaned? work and have to pay less in compensation than you would normally have to ( gueess this is what causes the alarm).
As it is also said in the bill the lack of information pertaining to the owner is not enough to meet the requirement for a qualified search.

Some more about orphan work and copyright

I went to the congress library on the internet
here
which I got from here
xxxxx


searhed for orphan work and found the law text of the bill (the senate version), it says actually that
''LACK OF INFORMATION IS NOT SUFFICIENT TO MEET THE REQUIREMENTS FOR A QUALIFIED SEARCH'' - at the end of the text, Law is not my strong point reading this refering to the first thing in accordance with the other aspect mentioned in the paragraph conditioned the term in another one and and and, you need a bit practice in this.
Maybe thats why so much misconception has come out - law is not esy to read and the slightest way of putting a word has a dramatic consequense for something thast is maybe not so obvious unless you are used to this language.

I think I will take it a little more easy now with this, that has alarmed big groups of artist in US.

`(2) REQUIREMENTS FOR SEARCHES-

`(A) REQUIREMENTS FOR QUALIFYING SEARCHES-

`(i) IN GENERAL- For purposes of paragraph (1)(A)(i)(I), a search is qualifying if the infringer undertakes a diligent effort to locate the owner of the infringed copyright.

`(ii) DETERMINATION OF DILIGENT EFFORT- In determining whether a search is diligent under this subparagraph, a court shall consider whether--

`(I) the actions taken in performing that search are reasonable and appropriate under the facts relevant to that search, including whether the infringer took actions based on facts uncovered by the search itself;

`(II) the infringer employed the applicable best practices maintained by the Register of Copyrights under subparagraph (B); and

`(III) the infringer performed the search before using the work and at a time that was reasonably proximate to the commencement of the infringement.

`(iii) LACK OF IDENTIFYING INFORMATION- The fact that a particular copy or phonorecord lacks identifying information pertaining to the owner of the infringed copyright is not sufficient to meet the conditions under paragraph (1)(A)(i)(I).

which says
----(I) performed and documented a qualifying search, in good faith, for the owner of the infringed copyright; and

`[(II) was unable to locate the owner of the infringed copyright
;]bill introduced in senate and the section text here remedies on -----

Protest ????? - US orphan work copyright law

6x6 inch oil on canvas paper, ''sublimation''.

I think I have got a more clear picture of this problematic - view next post
These three links started it of they repreasents the opposition to the bill, though I did not get to find out why.
interview on radio right click link, save destination to desktop.
orphanworks blogspot
.illustratorspartnership

Here is more, that describes about copyright and the bill
us copyright

law.cornell
congress of library search for orphan + work and check the senate version of the bill

The brush 2

nodp

9x13 cm, oil on 'canvas' paper - click image for a larger view.

The brush

7,5x9,5 cm oil on canvaspaper

Oeresund, late august

12x16 cm, oil on oilpaintingpaper,
Oeresund, the water between Denmark and Sweden. Will try and make a better photo later.

Small black plum

7x9 cm, oil
In the streets fruit fall down on the pavement from the gardens and I have picked up a good deal just in case. This little one got the case - think it works ok - the photo is not so good as the painting, where the haze is more visible and also a bit more gray-bluish.

Paletteknife-fragment

Paletteknife fragment about 12x12 cm oil on gessoed card, click picture to enlarge

Apple study

Apple study changed 11x15 cm oil on gessoed card. click image to enlarge
The subject for this was study was the valuestructure, I wanted to paint the wall darker and see if It would work. Of course I painted it lighter and the ground plane darker, this happens so easy see image below. I got lost in the picture and forgot what it was about.

So I decided to sacrifice some of the fun brushwork on the ground plane and lower the value of the wall with a bluish grey to represent the light in order to get the valuestructure I want. Here the diagonal is not so strong which make it speak more quiet and less I dont know chaotic maybe, but still has a dark feeling to it. The upper left should have a bit darker value, however think the painting now has a better balance.


Apple study 11x15 cm oil on gessoed card, click image to enlarge

Painting knife 3

Painting knife 8x14 cm, oil on canvas
I did an exercise/study last time. The vase was standing not right (too much to explain)I painted it anyway, somehow it did not work well. On purpose I left a little space between the vase and knife and concnetrated on the knife first. So it was easy to remove the rest, which I decided to do. It was a very valuable lesson for me, so here it is. I prefered the photo by my working light which is daylight temperature, however I can not avoid some reflections.

Tools

Tools, 11x14 cm oil on canvas.
I did this as a combined exercise study continuing to get my new technique working.

Low sun lit -still life

Low sun lit - still life, 11x14 cm, oil on card.

I did some other sketches from life and photo of this one. It was last summer on the most beautiful evening. I just came home with those vegetables and placed them on the refrigerator, where the low sun just exactly hit them.

Paintingknife-2

Sun lit sea

Sun lit sea 15x20 cm
One more landscape from near Hellerup harbour (and the little mermaid)a small blind road to the water. It is very often a beautiful light here and just here. It was those rainy augustdays in the afternoon when the sun came through and flashed up the green sea bottom. I exaggerated the saturation of the green to show this and on the photo it is stronger than painting - could not make it better.

Brush

Brush 10x14 cm

Like this filbert(hair from ox ear), though I do not use them a lot, sometimes I have made very thin lines with the tip. I hope to get more use of them. Also have a couple of brights.

One month celebration

To day it is one month ago I started to post my daily work.



Lemon and plum on a cloth, 12x15 cm.

Small chilipepper

Small chilipepper, 7x10 cm

It began as a study of the small coils and curls

of the skin and worked out quite well I think.

Apple on kitchen shelf

Apple on kitchen shelf, 11x18 cm.

Did not finish the background, thought it worked just fine as it was.