stirring story from Michiko Stehrenberger, a cartoon illustrator and character designer who took on a big tobacco company who used her work illegally. Because of current copyright law, she was able to win, but if the Orphan Woks Act were in effect she would have never had a chance. " /> stirring story from Michiko Stehrenberger, a cartoon illustrator and character designer who took on a big tobacco company who used her work illegally. Because of current copyright law, she was able to win, but if the Orphan Woks Act were in effect she would have never had a chance. " />

Orphan Works Act update – please read!

I’ve been following the Orphan Works Act and it looks like it’s making good speed through the House.  Over a Cagle’s blog, he’s posted a stirring story from Michiko Stehrenberger, a cartoon illustrator and character designer who took on a big tobacco company who used her work illegally. Because of current copyright law, she had a fighting chance to win – and she did, but if the Orphan Woks Act were in effect her chances of getting compensated for her work would have been slim to jack squat.

Here’s a teaser.

Because existing copyright law permitted me the ability to be awarded full damages, injunctive relief and legal fees, I was able to persuade a lawyer and the necessary expert witnesses to take my case on a contingency basis. After four years of perseverance, this finally allowed me to bring the case before a judge and achieve a resolution.

Under the Orphan Works Act, however, the infringer could have asserted a “good faith” orphan works defense and said, in effect: “Go ahead and sue me!” In that event, I would have had to risk upfront out-of-pocket legal fees and court costs in the hopes of establishing the infringer’s bad faith. I would also have had to weigh that risk against the fear that a successful “good faith” defense (whether merited or not) by the infringer would have limited my award to a paltry usage fee ­ far from enough to cover the nearly $100,000 that the suit would eventually cost me. And I would also have to risk it while knowing that there would be NO LIMIT to the amount of money the infringer could then extract from me in a counterclaim.

Go read the whole thing and then go write your state representatives!

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