ATLANTA—As Orphan Works legislation is being formed, photographers’ interests cannot be forgotten. The first hearing on Orphan Works this session was March 13, and photographers were represented then, as they will continue to be.

“Orphan Works” refers to a form of copyright legislation for creative works whose owners/creators cannot be identified or located. And the issue is once again attracting Congressional attention. That’s why Professional Photographers of America (PPA) representatives were at the House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property’s first hearing this session on Orphan Works. While the legislation is still in draft form, the Subcommittee brought together major stakeholders—like photographers—to evaluate progress and bring any outstanding issues to the forefront.

For this hearing, PPA provided a written statement, expressing items of high importance that should be addressed in a new Orphan Works bill. Their purpose? To assure that any legislation is in photographers’ best interests…and those of the photographic community at-large. The main issues stressed in our statement were the needs for:

• Alternative dispute resolution methods (not just Federal Court action, which is usually impractical for photographers)
• Established standards for a documented due diligence search (before a work is considered an “orphan”)
• A visually based, searchable database that can be easily accessed by the general public (to search for a photograph’s copyright owner)

Whether it takes place in the photographic community, the Copyright Office or both Chambers of Congress, photographers need to stay alert to copyright debates like this, which can change business.

Professional Photographers of America (PPA), a nonprofit, worldwide association, exists to assist its more than 20,000 members in achieving their professional, artistic, and fraternal goals; to promote public awareness of the profession; and to advance the making of images in all of its disciplines as an art, a science and a visual recorder of history. Visit www.PPA.com, or visit www.OurPPA.com for a photographers’ forum.

The Society of Sport & Event Photographers (SEP) is a nonprofit association dedicated exclusively to serving the needs of sport and event photographers. SEP marshals the resources of the event photography industry and delivers them to its members via their exclusive online content, Action News publication and live events. Visit www.SEPsociety.com.

Commercial Photographers International (CPI) is a non-profit organization focused on the changing needs of commercial photographers. Led by successful commercial photographer volunteers and a skilled staff, CPI has put together resources for photographers in this rapidly changing industry. Visit www.MyCPI.com.