Why S.I.C.K. Is Not Better

Why is this proposed legislation a Special Interest Copyright Killer (S.I.C.K.)

This is just one, of the many, scenario’s that would afford limited liability to qualifying entities “special interest groups” affording them more protection than you. It limits the current protection of every single person in this world, that has ever snapped a picture or had a sketch drawn of any member of your family, including you. This is how the latest revision of the Shawn Bentley Orphan Act works.

Your 8 year old daughter or granddaughter comes running home from school, crying hysterically. Through tearing eyes and a voice full of hysterics, her voice cry’s out “all of the kids are making fun of me now!” You ask why and she hands you a copy of a new public awareness piece. Written at the top is the title “Sexually Transmitted Disease” under this is written “How it can be transmitted to your child”. There is a picture of a beautiful little girl and as you look closer, it is your child!!!

You contact the company responsible for running this public awareness campaign and ask them to cease and desist. They ask if you are the copyright owner? One of 2 things can happen here: If you are, they can offer you a fair market value for the image. You decline and inform them that they cannot use the image because you have not signed a release form. Well, it is covered under the protections of news or public awareness and no release form is required. The company decides that they are going to continue use, now you decide to go to court -but- under this new piece of proposed legislation; infringer is still allowed to use the image.

The second scenario may be this: You contact the company that ran this public awareness piece and demand that they cease and desist in the use of your daughters’ image. They ask if you are the copyright holder? You explain that you had a photographer take the picture for you while on holiday. They ask for the name of the photographer but you don’t remember their name. The company now explains that this new legislation clearly states that they only have to deal with the owner of the copyright and if you find that name, let us know: ALSO- the photographer must be able to prove, without preponderance of doubt, that they are the copyright owner: This is the new proposed law!

To protect your child, you decide to contact your attorney so that you can get remedy through the courts: Sorry to inform you but that has now been taken away from you under this new legislation. Here is how: You pay your attorney to research your rights. The Attorney is directed to the new Shawn Bentley Orphan Act and under this legislation, the attorney finds that the infringing party has followed every article of this new law. Your attorney calls you back and tells you that you might luck out and get a fair market value for a snapshot but we cannot stop the use of your daughters’ image. It will cost you thousands and you may only get a few dollars.

In the second scenario, the same example applies, but in this case: You paid $10.00 to the photographer for taking this picture; this new legislation clearly states that only the photographer, original copyright holder, would be awarded remedy, which may be the fair market price of $10.00 in damages. In both cases, the court must follow the new law and –AWARD- the infringer unlimited use of your daughters’ image. To pour more salt on your family’s wounds, the court CANNOT award you court or legal fee remedy either.

All of this just because millions of people post images on the net so that they can show families and friends their children as they grow up. Grandpa lives in one part of the world, Grandma in another, with many more relatives living all around the world. It is so easy to just post images on the net and allow all of your family members the pleasure of viewing them there, but…. a proposed law would allow special interest groups access to use your personal images, ones that you never registered with the Library of Congress (or possible contracted third party). Only because you didn’t want to wait, for possibly over a year (while awaiting the new requirement of registering all of your images) from the date the image was created, to post them for your family.

Let’s now go back to your poor daughter and explain that we can no longer protect our own families. “Seems that laws are written now to protect companies at your expense honey and there is nothing that we can do about it now, S.I.C.K. destroyed your life!”

No matter how you interpret the Shawn Bentley Orphan Act, it would force rewards to the law breakers in the courts of the United States. Why are our legislations now written by present and/or past Lobbyist?
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Best regards, B.Cochran