THE ORPHAN WORKS ROUNDTABLE AND WEBCAST
CONDUCTED BY THE SMALL BUSINESS ADMINISTRATION How Will the Orphan Works Bill Economically Impact Small Entities?
August 8, 2008
10:00 a.m.—12:00 noon
47 Fifth Avenue (between 11th & 12th Streets)
New York, NY 10003
Will the cost of compliance create an unreasonable burden on artists, writers and musicians?
Will the failure to register work lead to the loss of copyrights?
- Why should artists be forced to supply their business data to commercial databases?
Will the bill create a new business model favoring large corporations at the expense of individual artists?
Will this change the nature of competition for all of us?
Eighteen distinguished panelists, all from the creative community, will represent the copyright interests of illustrators, photographers, fine artists, art licensors, writers, musicians, and the collateral businesses that serve and are dependent on creators.
Congress established the Office of Advocacy under Pub. L. 94-305 to represent the views of small business entities before Federal agencies and Congress. Advocacy is an independent office within the Small Business Administration (“SBA”), so the views expressed by Advocacy do not necessarily reflect the views of the SBA or the Administration. Part of our role under the Regulatory Flexibility Act (“RFA”) is to assist agencies in understanding how regulations may impact small businesses, and to ensure that the voice of small business is not lost within the regulatory and legislative processes. We regularly host roundtables in order to obtain input from small business stakeholders who may be affected by draft regulations or legislation. For more information, visit Advocacy’s website at: http://www.sba.gov/advo/
The event will be webcast.
PLEASE RSVP to firstname.lastname@example.org and include the names of those attending.
I. Welcome and Introductions—10:00 a.m.
Thomas M. Sullivan, Chief Counsel, Office of Advocacy, U.S. Small Business Administration
II. Legislative Update on Orphan Works Bill—10:10 a.m.—
Cynthia Turner, Illustrators Partnership
A brief report on the status of the proposed legislation and an overview of the issues that concern individual creators and small business entities.
III. Potential Effect on Small Entities—10:30 a.m.—
Brad Holland, Co-Founder, Illustrators’ Partnership
A discussion regarding various ways the proposed bill could potentially impact individual creators and small entities, including:
- Potential loss of copyright to unregistered work;
- How to define “Best Practices” and “Diligent Search” criteria;
- Effect of legislation on creators’ business models;
- Effect of legislation on collateral small businesses;
- Effect on incentive to create
IV. Potential Cost of Compliance —11:15 a.m.—
Constance Evans, Executive Director,
Advertising Photographers of America
Dr. Theodore Feder, President, Artists Rights Society
An analysis of what economic costs and technical requirements the bill would impose on small entities, including cost of compliance, recordkeeping costs, registration costs, the purchasing of new equipment, the hiring of legal counsel, with a focus on the following questions:
- What will digitizing and registering inventory cost?
- What will increased infringement litigation cost?
- Will increased costs create an unreasonable burden on small artists, writers and musicians?
- Will the legislation in question jeopardize U.S. copyrights abroad, in retaliation for the orphaning of foreign works inside the U.S.?
- Will the failure to register lead to the loss of creative works?
- Will legislation change the nature of competition for small businesses?
V. Adjourn—12:00 Noon
Rich Bengloff joined the American Association of Independent Music (A2IM) as it’s President in January of 2007. Rich also serves as a board member representing the Independent music label community on the boards of the SoundExchange and the Alliance of Artists and Recording Companies (“AARC”). Rich has spent much of his career in the music and entertainment industry, having served in various capacities at SONY Corporation of America, as Vice President of Columbia Pictures Entertainment; as Vice President, Finance and Administration at Relativity Records/R.E.D. Distribution; and as Vice President, Distribution Operations for Sony Music Distribution between 1989- 1998. He then joined Elektra Entertainment Group to become Senior Vice President/CFO. In 2005, he became WNYC Radio’s Vice President of Finance and Administration and Chief Financial Officer. Rich holds a BA degree from SUNY–New Paltz and an MBA from Columbia University. Rich also co-teaches the music industry course in the Media and Entertainment Department of Fordham University’s MBA program.
Kathleen Bitetti has been the Executive Director of the Artists Foundation since 1992. She was director/curator of the Harbor Gallery at U/Mass Boston from 1989-1992. She holds a BA in both Economics and Art (art history & studio) from the University of Massachusetts- Boston. She graduated Magna Cum Laude with distinction in both majors. Her specialization in economics was public policy and her senior paper entitled, Domestic Public Policy for the Arts, combined both majors. She was awarded the Alumni Association Scholarship Award for Academic Distinction and University Service. She is also an exhibiting installation artist and has had her work shown at the New Bedford Art Museum, The Gallery @ the Distillery, Mobius, Newton Art Center, U/Mass-Boston and many other area galleries. She is currently working on a large scale installation series addressing Domestic Violence Issues. . She is the co-founder of the three artists founded advocacy initiatives: Massachusetts Artists Leaders Coalition, healthcareforartists.org, and artistsunderthedome.org.
Barbara Bordnick received her BFA in fashion design and fine art from Pratt Institute in Brooklyn, New York. After living in Europe, she opened a studio in New York, where her fashion and portrait photography in Harpers Bazaar began drawing wide acclaim. Over the past 35 years, Bordnick has been published internationally in most major magazines and has received innumerable awards for her film and print advertising and editorial work. Her photography has been exhibited widely around the world and is in the permanent collections of The International Center of Photography, Portland Museum of Art, Polaroid Collection, George Eastman House, as well as in many private collections. Bordnick’s work includes innovative projects such as “America’s Great Women in Jazz”, commissioned by Polaroid to introduce large format Polaroid film. She has directed award-winning television commercials for JCPenney fashions, and her portrait of lyricist Yip Harburg became a United States commemorative postage stamp. Her three immensely celebrated books of digital photographs, Searchings: Secret Landscapes of Flowers were the inspiration for, and an integral part of the choreography and stage set of Jennifer Muller’s ballet “Flowers”. Bordnick is a much-sought-after lecturer in the United States and Europe and is an adjunct professor at Parsons School of Design. An avid supporter of her profession and interested in advancing photographers’ rights, Ms. Bordnick served as Chair of the New York Chapter of the Advertising Photographers of America and was the first woman to serve as President of the American Society of Media Photographers.
Terry Brown is the Executive Director of the American Society of Illustrators Partnership and Director Emeritus of the Society of Illustrators. During his tenure the Society has grown its educational programs, exhibition outreach and library/archives. He has lectured at universities and museums nationwide on the History of American Illustration and taught American Culture and the Applied Arts at the School of Visual arts 1995 – 2000. He is currently on the Board of Artists Fellowship, a foundation that supports artists in need and the faculty of The Illustration Academy at Ringling School of Art. He has served on the Advisory Boards of the National Museum of American Illustration (Newport, RI) and the National Art Museum of Sport (Indianapolis). His writings have included This Face You Got, The Education of an Illustrator and many biographical sketches in Society publications. He has also curated exhibitions for the San Diego Museum of Art and the Society.
Gerard Colby, trade union activist, investigative journalist and author, is currently serving his second term as the President of the National Writers Union, UAW Local 1981. Colby is co-author (with Charlotte Dennett) of Thy Will Be Done: The Conquest of the Amazon: Nelson Rockefeller and Evangelism in the Age of Oil (HarperCollins, 1995), author of Du Pont Dynasty: Behind the Nylon Curtain (Lyle Stuart, 1984), and lead contributor to Into the Buzzsaw: Leading Journalists Expose the Myth of a Free Press (Prometheus, 2003), winner of the 2003 National Press Club award for press criticism. The National Writers Union is the only labor union that represents freelance writers in all genres, formats, and media.
Frank Costantino, an architectural illustrator for over thirty-five years, has served renown architectural, design, and development firms throughout the United States, Canada and Europe. Mr. Costantino is Co-Founder of the American Society of Architectural Illustrators (ASAI), an international organization representing the professional, business and aesthetic interests of its US and worldwide membership. He is also a Co-Founding Board member of the American Society of Illustrators Partnership (ASIP), and its current Vice-Chairman. He is a recipient of the Hugh Ferriss Memorial Prize—the world’s most prestigious award for architectural illustration—as well as other Juror and Category awards, from the American Society of Architectural Illustrators. His work has been exhibited both nationally and internationally, most notably at The Art Institute of Chicago, The Urban Center of New York, The Octagon Museum in Washington, D.C., as well as in Tokyo, Seoul, Berlin, and Lisbon. Award winning artworks from his career have been published in more than forty-five books or catalogues over the years. Since 1987, his drawings or paintings have been accepted into annual juried ASAI exhibitions. Representative pieces of Mr. Costantino’s work for Chicago projects are included in the permanent collection of The Art Institute of Chicago.
Constance Evans is National Executive Director of the Advertising Photographers of America (APA), a leading trade association representing 2,400 of the top professional advertising and photographic artists, now in its 26th year. With more than twenty five years experience advocating the issues and rights that impact creative professionals, Evans is passionate about helping artists succeed in business while achieving their artistic goals. Among other posts she has held, she served as director of the Skowhegan School of Painting and Sculpture, and was formerly an associate professor of art at Southampton College of Long Island University where she also served as director of the fine arts division. Evans has a Master of Fine Arts degree from Rochester Institute of Technology and is an award winning artist. She serves on the MFA Advisory Board of Western Connecticut State University, the Board of the Center for Contemporary Printmaking, and is a member of the Adobe Photographers Council.
Dr. Theodore Feder, President of Artists rights Society (ARS), a national organization that monitors and protects the intellectual property rights, including the copyrights, of artists from the U.S. and abroad. Among artists represented by ARS are Pablo Picasso, Henri Matisse, Joan Miro, Marc Chagall, Frank Stella, Andy Warhol, Georgia O’Keeffe, Mark Rothko, Willem de kooning, Frank Lloyd Wright and many others. Also President of Art Resource, an organization that represents the rights and permissions interests of many museums, including the Metropolitan Museum of Art, MOMA, the Louvre, the Victoria and Albert Museum, and many others. Received his Ph.D. in Art History and Archaeology from Columbia University where he also taught the subject.
George Fulton is an award-winning advertising and print photographer for major brands. His work has been published in Communication Arts, Print, HOW, and Archive. Among hundreds of awards to his credit, the 2007 ASICS campaign won his second national gold AddyTM for a photography campaign. Building images from the ground up with blank frames and a multitude of layers, his work creates unique brand stories for clients around the world. George is a past National President of the Advertising Photographers of America, the recipient of the APA 25th Anniversary Creativity Award, given in recognition of his work and its impact on the aesthetics of advertising and editorial photography, and the 2008 recipient of the IPC Leadership Awards presented at the United Nations. George speaks extensively to advertising groups and associations around the country, is an experienced writer with articles appearing in many industry publications, and a musician of many years and instruments.
John Harrington is a professional photographer who has traveled extensively in the U.S. lecturing on business practices and is author of the book Best Business Practices for Photographers. In May of 2007, John was honored at the United Nations with the IPC Leadership Award. John continues his 18+ years in assignments in DC and worldwide serving both editorial and commercial clients with credits including the Associated Press, New York Times, Washington Post, Time, Newsweek, The National Geographic Society, USA Today, People, and Life. Commercially, John has worked with over half the Fortune 50 companies, and even more of the Fortune 500. He has spoken at the National Press Photographer’s Associations’ Northern Short Course for several years, as well as for the White House News Photographer’s Association, Smithsonian Institution, and for professional organizations across the country.
Brad Holland is one of the most influential illustrators of the 20th Century. The New York Times, in nominating him for a Pulitzer Prize, wrote that his work goes “beyond the moment to illuminate a general condition universal in space and time. The images are sometimes brutal, but the feeling is almost always compassionate.” The Washington Post has called him “an undisputed star of American Illustration,” and the editors of RSVP, the artists’ directory, voted him “the one artist, who in our opinion, has had the single greatest impact on the illustration field during the last twenty five years.” Writing in Print Magazine, critic Steven Heller has written, “as [Jackson] Pollock redefined plastic art, Holland has radically changed the perception of illustration.” Holland’s work has been exhibited in the Musee des Arts Decoratifs, Paris; the U.S. Library of Congress; the Museum of American Illustration; the Mikkeli Art Museum in Mikkeli, Finland; the Musée des Beaux-Arts, Clermont-Ferrand, France. His work is included in the permanent collection of the Library of Congress, the National Portrait Gallery as well as corporate and private collections. Holland’s work has appeared in nearly every major U.S. and many international publications, and feature films. He has received the gold medals of the New York Art Director’s Club, the Society of Publication Designers, the Society of Illustrators, and the Society’s prestigious Hamilton King Award. Holland is a member of the Society of Illustrators’ Hall of Fame and the Alliance Graphique Internationale. He is a Founding Board Member of the Illustrators’ Partnership of America and Founder and Co-Chair of the American Society of Illustrators Partnership.
Deb Kozikowski is a former elementary educator, Deb has broad background as a business and technical writer and small business consultant as well as a long career in real estate. In 2004 she served as liaison between the Kerry Campaign and Rural Leaders for Kerry and was a co-founder of the DNC’s Rural Working Group. A lifelong resident of western Massachusetts, Deb currently serves as Vice Chair of the Massachusetts Democratic Party and is a member of the Executive Board of the Association of State Democratic Chairs. She is the Co-founder of RuralVotes.com.
Dena Matthews is a medical illustrator, small business owner, speaker, author and teacher, receiving her B.S. degree in Biology while also studying painting, drawing, design and computer graphics at the University of Connecticut. She left her job working in a Pfizer laboratory, to work towards a career that combines her love of science, medicine, art and technology. She earned a master’s degree from the University of Illinois at Chicago’s Biomedical Visualization program, where she studied alongside medical students and under the guidance of professional medical illustrators. There she learned anatomy, histology, pathophysiology, witnessed and documented surgeries and mastered the tools of digital illustration and 3D computer visualization.
Cheryl Phelps is an Art Licensor, Illustrator, Designer and Adjunct Professor at the School of Visual Arts and the Fashion Institute of Technology. Phelps has been active in greeting card, social expression and editorial illustration fields for 21 yrs. Her clients include: Hallmark, American Greetings, Gibson, Paramount, Portal, Marcel Schurman, Current, Mikasa China, Kodak, Target, Nordstroms, Keds, Benny and Smith-Crayola, McCalls Magazine, Girls’ Life, Limited Too, Ariel Pub., Scholastic, Harcourt Brace, Stationery Domain, etc. She has exhibited extensively in more than 40 domestic and international painting exhibitions in Galleries and art events. Her teaching & speaking experience includes: The School of Visual Arts-New York, NY;
Fashion Institute of Technology- New York, NY; Kansas City Art Institute-Kansas City, MO; Watkins Institute- Nashville, TN; Osaka Univ.Exchange KCAI- Kansas City, MO; Marywood University- Scranton, PA; Kutztown University- Kutztown, PA; Greeting Card & Licensing Workshops- US; ICON 4- Art Licensing Workshop- SF, CA; SCBWI Conference Speaker- Golden, CO; CAI- Colorado Alliance of Illustrators- Denver, CO; Society of Illustrators-“SILA”- LA, CA; Graphic Artist Guild Licensing Panel Events- NY, NY; Licensing Show- Licensing University Seminar- NY, NY; CHA Show Designers Education Day- Chicago, IL; CHA Show Designers Education Day- Anaheim, CA.
Gene Poole was born in the rough inner city of Glasgow Scotland. He moved to London and was founding member of Alternative Cabaret with Alexei Sayle in the Post Thatcherite UK, releasing the double ‘A’ side single with Alexei, When The Gold Runs Dry. A move to New York City found him recording for Chrysalis with Sly and Robbie, famed rhythm section for Dylan and many others. Joining the New York City acid punk band Warrior Soul resulted in major European Festival tours including Donnington, Monsters Of Rock and being nominated for best live act by MTV in addition to being a host on MTV Europe. He received his first gold record with the Lava/Atlantic release of Bif Naked in 2000 followed by major European Tours and live RTE Broadcasts with his new band. In this, Gene Poole was DJ, Vocalist and guitar player. Gene has moved to Nashville, Tennessee and in addition to having an Op Ed piece published in the Nashville Business Journal is deeply involved in organizing the Nashville community to protest Orphan Works.
David Rhodes has been president of the School of Visual Arts in New York City since 1978. He is an active advocate for all aspects of quality art education. Mr. Rhodes presently serves on the boards of the Association of Colleges and Universities, the New Hampshire Institute of Art, and the School of Visual Arts. Mr. Rhodes is also a Board Trustee for the Association of Regionally Accredited Private Colleges and Universities, the Association of Proprietary Colleges, and the National Association of Visual Arts. He serves as the Vice Chair on the Regents Advisory Counsel on Institutional Accreditation for the University of the State of New York, Commission for Higher Education. He has been a member of the accreditation teams for this nation’s arts schools since 1986, including such distinguished visual arts institutions as Rocky Mountain College of Art & Design, Delaware College of Art and Design, Strayer University, Bradley Academy of the Visual Arts, Fashion Institute of Design & Merchandising, Harrington Institute of Interior Design, Moore College of Art and Design, and Academy of Art College. Mr. Rhodes has testified before Congress numerous times about public policy surrounding higher education, cultural institutions and partnerships. In 2003 Mr. Rhodes was awarded the Distinguished Alumnus Award from Wesleyan University, in 2004 a Gold Medal from the Society of Illustrators, and in 2007 the Award for Outstanding Lifetime Service to Art Education from the University Council for Art Education.
Alexis Scott was a photographers’ agent when she serendipitously found an opportunity to launch her own business. Upon accidentally losing her address book, she quickly learned the true value of having immediate access to her work contacts. She knew that if her creative community contacts meant so much to her, they must have value to others. With this idea in mind, Alexis founded the L.A. Workbook at her kitchen table. Today the Workbook and workbook.com are the premier creative resources for the commercial arts industry in the US and Canada. Thirty-one years in the making, Workbook has been a leading purveyor of graphic arts marketing tools. The company provides commercial artists — photographers, illustrators, designers, letterers and their representatives — with print and online vehicles to promote their assignment work to business creatives at advertising agencies, design studios, corporate art departments and publications. The Workbook Database maintains a stringently verified collection of listings of over 25,000 companies and nearly 60,000 individuals. As publisher and CEO, Alexis manages day-to-day operations for the Workbook while also providing leadership in the commercial arts industry. She is an advocate for artists and photographers and frequently speaking out on their behalf at industry events such as PhotoPlus, the Illustration Conference and the New School in New York. Alexis has also served as a member of the Board of Directors of AIGA (the American Institute of Graphic Arts) and was a past adviser to the Graphic Arts Council of the Los Angeles Museum of Art (LACMA). She has also supported the small business community and specifically women, as a member of the Board of Directors of Count Me In, a non-profit organization that provides microloans to women-owned small businesses.
Frank Stella is a renowned artist with paintings, sculptures, constructions, and prints in most major museums of the world.
Cynthia Turner is a certified medical illustrator and a Fellow of the Association of Medical Illustrators (AMI). She is a founding member and Board member of the Illustrators’ Partnership of America, a member of the Society of Illustrators, and a Founder and Co-chair of the American Society of Illustrators’ Partnership. Cynthia has been self-employed with her partner, Edmond Alexander, since 1987. She creates original illustrations describing pathophysiological cascades, drug actions and devices for pharmaceutical companies, biotechnology firms and their agencies. Cynthia’s work appears in the annual juried RxClub Show—Best in Medical Advertising and the annual salons of the Association of Medical Illustrators. She was selected for inclusion in the juried Art of Medicine Exhibition, Society of Illustrators, New York, the juried Dream Anatomy Exhibition at the National Library of Medicine, and Johnson & Johnson honored her with a one-man show, The Medical Art of Cynthia Turner. She exhibited at the University de Andres Bello Art Gallery and the U.S. Embassy in Santiago, Chile and those works were later included in the permanent collection of the Universidad Andres Bello Medical School.
Art is as old as time. Protected by
heads of state. Plundered during
times of war. It has value certainly. Artists should have that right into perpetuity or why
devoute so much time to its creation. Dare one walk out of a
museum with such treasures? Dare
it be taken indiscriminately?
The mere thought goes against the
belief that God has given artists
such creative treasures to enrich
our lives. Why after so many
centuries of its value has been
proven, can an artist lose such
rights, or his or her estate, when
in fact, at its inception it is their own work. No one disassembles a Frank Lloyd
Wright building and takes it home
claiming that they own a cornice
or arch of it. Or that its deed
lapsed. Why artists then? Laws
should be passed to enhance their
protection not make it vulnerable
to corporate preying. For those
who cannot create, can only steal.
And that traditionally has been
illegal in America since its inception as a bastion of freedom.
With plenty of laws to reinforce
such ownership. We should be doing
more for artist not less When they
are gone all we will be left with
are empty walls! Protect them now!
I just finished viewing the webcast. Thanks to all that made it happen. I would like to say that in my professional career, including a time with a global identity firm during the 80’s, I found that these global clients depend on the independent artist, thinkers, visionaries, to steer the sale of their products and services using concept, keen perspective and understanding of popular culture to help them compete every day, worldwide. The independent artist and creative consultant are the backbone of this global economy and must convince our congress (US) that without this resource, our economy will be restricted to finding ideas in a less than creative environment of bureaucracy and regiment. Independent artists can only create in an Independent environment. Competition is how these economies prosper. The independent artist is outside this system, and for that reason must remain financially well compensated and protected from a system that can easily start to deteriorate in it’s competitive edge. I emphasize the need for all working independent artists to write their congressman and representatives and voice the importance of maintaining strong copyright laws favoring independent artist, not corporations.
In addition to the live webcast, will this be archived for future viewing?
Thanks for posting the webcast. It would also be great to have a transcript available, as the audio was sometimes inaudible.
Mr. Sullivan, Washington, DC, is also home to numerous creators that would also be adversely affected by this legislation. Creators live everywhere. But many are not really paying attention to this issue, because they either don’t understand it or they’re too busy trying to make a living. Congressional bills are not exactly quick, easy reading.
Let me give you another perspective that was not addressed at the Roundtable. I am a graphic designer — I put together images and words in order to communicate a message for a client. It is a collaborative process. Over the years I have worked with many different types of clients. Some clients do not begin to understand intellectual property rights, including copyrights and licensing. The internet and ubiquitious access of digital imagery has made that incalculably worse. Once educated, most clients willingly comply. After all, there is a wide range of pricing for licensing imagery nowadays, to accommodate any real budget.
But there is a segment of the user/client group that would just as soon not pay for the imagery they use, crying “low budgets” or “nonprofit organization” (which, by the way can be big business). If the legislation becomes law, these types of people will have no qualms about infringing and then say they performed the “diligent search.” Or they may direct their employees to do so, knowingly or not.
The legislation is not a good idea.