May 1st was Labor Day (or International Workers’ Day) for the rest of the world, in which the achievements of the labor movement were celebrated. However, Labor Day in the United States does not fall on May 1st. It was placed in September so that the workers’ holiday would not be observed in its proper place, and so that non-labor related May Day festivities might overshadow the significance of the date. In fact, to further quell the threat that May Day posed to the ruling elite, President Eisenhower proclaimed May 1st to be both “Loyalty Day” and “Law Day”.

Every action taken by the US Congress must be heavily scrutinized within the understanding that business owns our government. Not only is the United States “the greatest purveyor of violence in the world today”, as Doctor King once noted, but our business-run society is also the greatest purveyor of anti-labor practices. Much of American foreign policy is even dedicated to the subjugation of workers outside our borders. We control the world (and when I say “we” you know I mean “they”), because our nation still benefits from slavery.

On April 24th, both the US House and Senate introduced versions of Orphan Works legislation. An orphan work is an original work which is protected within its term of copyright, but whose creator is unknown to someone wanting to use the work. The Orphaned Work bills allow for any commercial, for-profit user to profit off of an already copyrighted work. Granted, large corporations already reap the rewards of the faceless artists employed by their studios, but this new legislation allows for these same corporations to use the work of ALL visual artists. Whether you choose to work for a corporation is no longer a prerequisite for your work to be exploited by them.

The bills do state that the commercial user must first perform a “reasonably diligent search” for the artist before they can use their work, but what constitutes a “reasonably diligent search” and where does one perform that search? Congress seems to think that a private for-profit registry is the best way to search for authors. Yes, privatization strikes again.

Not only would it be virtually impossible for any artist to register every piece they’ve ever created in their lifetime, but paying a registration fee for each piece would kill the ability of all artists to make a living. If an artist does not clear all secondary licensing rights through at least two of these databases then their work will be considered orphaned.

If an artist does happen to spot their work turned into a cartoon, toys, furniture, textile prints, greeting cards, etc, then the commercial user is required to pay reasonable compensation to the owner, but avoids liability for copyright infringement. If this bill passes, a corporation like Disney would have the choice of whether to hire an illustrator to create an image or simply steal one that’s copyrighted after they perform a “reasonably diligent search” for its creator. If they decide to steal a copyrighted work, and the creator of that image later appears, they are only required to pay them the same amount they would have originally paid the hired artist.

In short, there is a clear financial benefit to stealing copyrighted work, but no financial punishment for getting caught. In fact, even with the current protections of copyright law, corporations already do steal copyrighted work and simply pay the damages. If liability for copyright infringement is no longer a factor, corporate disregard for copyright will undoubtedly become the norm.

Workers of the world, we visual artists are currently alone in our opposition to this bill. Please stand in solidarity with us. Do not let Congress take away the rights everyone has to their creations. Sign a petition at the Illustrators Partnership of America to notify the Senate and House that you oppose these bipartisan pro-business bills. If you’ve ever doodled or uploaded photos to the web, this bill affects you too. Let Congress know that it’s unacceptable for business to further burden the backs of labor through our own government.

After signing the petition, you can also call, write, or email your representatives directly by getting their info from these sites:
US Senators
US House Reps