Author: Leslie

APA has posted about a new “registry” for copyrighted works. This seems to be a precursor to a potentially eventual searchable database to prevent one’s work from being labeled “orphan” for the purposes of an orphan works law.

First, there is no such law or even bill at this time, so don’t be getting your knickers in a twist. We don’t need this kind of registry yet and may, in fact, never need it.

Second, this registry has at least one sneaky clause in its contract. Here it is:

COLLECTIVE REPRESENTATION

YOU authorize The COPYRIGHT REGISTRY to represent INFORMATION, YOU and your CONTENT in collective bargaining for use of CONTENT by third parties and to execute licenses on your behalf for collective uses of CONTENT on terms to be determined by The COPYRIGHT REGISTRY at its sole discretion.

Now, I am not a lawyer yet, not even one-third of the way there yet (so I could definitely be wrong!!), but this clause looks like it’s saying that the site’s owners get to do your fee negotiating with any users of your content that you put on the site. They get to sell your work, in other words.

Hell no.

Actually, the more I read on the site, not just its contract terms, the more I do NOT like this site. It refers repeatedly to “The Orphan Works Act” like it’s a law. It’s not. In fact, there is no bill on it now even, as far as I know. Look at this quote from the site:

For many years, U.S. Copyright law has essentially said that anything you create is copyrighted by default at the moment of creation. You did not need to have your name on it. The Orphan Works Act modifies that. Under some circumstances, The Orphan Works Act lets anyone use your copyrighted work for free if they cannot find it”s owner (an “orphaned work”) and until you find their use and invoice them.

That’s nothing but scare tactics!!! Again, there IS NO ORPHAN WORKS ACT. You do not need to register anything (except your original copyright). This site does NOTHING for you in protecting your work as things stand today and for the foreseeable future.

So, stay away from c-registry.us (yes, I am NOT linking to them…I don’t want to help them get traffic).

Last evening I went to a joint APA/ASMP event here in San Diego.

First off, how great is that?! APA and ASMP working together. We do that sometimes here–have meetings that are sponsored by both organizations–and I encourage other locations to follow the example. The groups may not always agree on everything, but the shared fundamental are there.

Anyway, I went even though I am swamped with school stuff. I was, quite literally, eating a wrap while reading Torts in my car before the event (having finished my classes at 5pm and the event started at 6:30) just so that I could get everything done and still attend. I made the effort because I miss seeing people from the photo community and thought this meeting would be good.

I knew that I was missing the contact, but didn’t realize just how much until I started talking with folks there. At first I was almost manic, then I was just very happy to be a part of the crowd. Mark Robert Halper, the guest for the event, spoke about intent and vision (and mentioned the crappy contracts issue and the importance of not lowering your fees now!!!) and shared many good ideas, but for me the real highlight (no slight to Mr. Halper!!!!) was just being around people I knew were creative and compelling–people who are my “constituency.”

I love law school. I’m lucky with that. But it’s hard, hard work. Last night helped reinforce the fundamental reason why I am here (at school, that is). I think connecting with the people you seek to serve is a great way to revitalize your attitude about your work. Right now, I am heading into exam-prep hell, but meeting with people yesterday has served to inspire me to get through that hell.

Maybe if you take the time to connect with your constituency–the people you work with like ADs or PEs, etc.–you can re-find that inspiration to get through this hard time in your career. Go to a local AdClub meeting or AIGA event (or AIA if you do architecture, or whatever group fits your clients). Get involved with the group (I’m going to be doing something with APA here soon). Remind yourself how great it is to know these people and, even if only sometimes lately, to work with them.

Okay folks, times are tough and the smart businesspeople are sending out icky contracts to the creatives of the world, to try and scare them into signing away more than they ought. Please do NOT fall into this trap! This is just a manipulation by the smart, calm business heads to get more for less.

Here are some things to remember:

1. Insist on advances. 50% is a good place to start.
2. Do not agree to payment when the agency/mid-client gets paid. You get paid when you say, not when they say.
3. If not 50% up front, try 1/3 in advance, 1/3 at delivery, 1/3 in 30 days. If you do this, do NOT hand over the images w/o getting the check!
4. Offer a “discount” for paying on delivery or 15 days net or similar. Say 5%, but behind the scenes, add that into your estimate so that you are still getting what you should even when they take advantage of the discount. For example, if the project normally would cost $1000, bill $1050 and if they pay fast they only pay $1000.
5. READ your contracts, especially POs, carefully! I expect to see clients trying to get additional rights by trying to sneak stuff in there. Btw, this isn’t really legitimate under contract law in many cases, but if you don’t make a stink about it before you sign, you might waive your rights to complain later.

Most of all, don’t bother getting angry about this. This is a smart business move from the buyer’s perspective. They know they have the upper hand in some ways and they are legitimately trying to exploit that advantage. That doesn’t mean you have to roll over for them, though.

I’ve posted before about great business cards. Well, here are some more. I want to work with (almost) all of these people…I don’t care what they do, they have got to be cool, creative folks. We’ll figure out something to do.

Just some goofy fun for a fun day…how to open a beer….

…with a pen…
…with your forearm…
…with a piece of paper…
…and using just about every other thing that won’t involve warnings about nudity.

🙂

This guy is talking about trying to find traditional jobs, but what he says applies to every creative pro as well. You will get work when you get out there and meet people who share your passions–even if that is surfing or cooking or racing cars.

There are a billion ways to connect with people today, but the best ways are still the ones that put you in the same physical space as people who share your interests. It doesn’t always have to be about the work–a lot of the time it’s about who your are and your innate passion.

Get out there and meet people–all sorts of people.

Like CC hasn’t been bad enough, now the “brain trust” (ahem) there has come up with a new “license” (it isn’t a license at all) that is, as the Copyright Alliance says, essentially intellectual property rights suicide for the creator.

I am so sick of CC. They do so much harm to all intellectual property creators of every kind. Grrrr….

Here’s a great idea (thanks Jenna for sharing it!): fix the economic mess by swapping jobs.
😉

While I’m not sure the artists would do any better, they couldn’t do any worse and the life-lesson the money folk would get would be excellent!

There is a one-eyed filmmaker who is going to hide a camera in his prosthetic eye. This presents all sorts of privacy concerns, I think. While yes, it would permit capturing people as they really are, and he is saying that he’ll get releases signed after the fact, it creeps me out.

I don’t like hiding. Hiding a camera anywhere presents issues of openness which, in the long run, I think may do more harm than good for photographers and filmmakers, especially documentary ones. While this technology could definitely be used for good, like to capture someone abusing workers, the potential for abuse is huge. The balance will be difficult to achieve.

I’m all for busting abusive employers, dangerous food producers, and the like. However, I don’t want to find out that I’ve been filmed/recorded only when I’m presented with a release. Shouldn’t the public be entitled to some presumption of personal privacy?

Stuff to think about…

Google is now targeting the ads it shows you. It does this by tracking your google-related activities. That includes any sites you visit that display google-based ads (AdSense), which is a lot of sites.

Me, I don’t want to be tracked. If you feel as I do, go here to learn how to opt out.