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~AaronSmurfMurphy:iconAaronSmurfMurphy:

Aaron Murphy/Harry Patch/Smurf  

  • Status: Member
  • Comic Artist
  • Male/United Kingdom
  • Offline for 7h 38m 10s
  • Deviant since Dec 22, 2004, 5:18 PM
  • 139 Deviations
  • 141 Scraps [browse]
  • 1,275 Deviation Comments
  • 304 Deviant Comments
  • 1 News Comment
  • 13,432 Pageviews

Orphan Works: Reaction

Journal Entry: Sun Apr 13, 2008, 11:09 AM
I liked the fact that instead of reading all the articles on the subject (as there are atleast a couple) people flew off the handle and started running around posting journals up left right and centre based on the testimony of just one article.

I've already had half a dozen people on my watchlist post journals essentially going: OH NOES!!111! GOVERNMENT SUXOR!!1 which basically just read like chinese whispers and scare mongering. Shockingly they were all written by people who I genuinely thought would be shrewd enough to do their own research and thus form rational conclusions.

Which they did. After they'd tired themselves out from a hard day's hysteria.

People are treating this as breaking news. It isn't. The news is supposed to objective and reflect current events. This is one sided speculation on a proposed concept that was reffered to in US sub commitee's as something to be put under disccussion before going largely ignored: [link]

The only "current" element of this is that the concept is back up for discussion and is basically a re-clarification of what was discussed last time.

If passed it would also only effect work produced or used in the US that hadn't been explicitly labelled as your own. (rather classily i've had some people claim that if passed the law would see you paying to register each piece of work you produce - essentially selling you something you already owned).

"Orphan Works" has been left to a lot of people imaginations aswell I notice as people hastily took turns turns to define what it actually meant. For those of you still wondering here's a quote lifted from the proposal itself, courtesy of the Library of Congress:

"Concerns have been raised, however, as to whether current copyright law imposes inappropriate burdens on users, including subsequent creators, of works for which the copyright owner cannot be located (hereinafter referred to as “orphan”' works). The issue is whether orphan works are being needlessly removed from public access and their dissemination inhibited. If no one claims the copyright in a work, it appears likely that the public benefit of having access to the work would outweigh whatever copyright interest there might be." - LIBRARY OF CONGRESS Copyright Office

and:

"Instead, we recommended a framework whereby a legitimate orphan works owner who resurfaces may bring an action for “reasonable compensation” against a qualifying user. A user does not qualify for the benefits of orphan works legislation unless he first conducts a good faith, reasonably diligent (but unsuccessful) search for the copyright owner." - United States House of Representatives 110th Congress, 2nd Session March 13, 2008

Now, that's not an ideal legal enviroment for creators to work under but... It basically says that if you did'nt have the sense to label your work in a public enviroment then anyone has the right to use it until you kick up a fuss about it.

Keep in mind of course that laws like this have been in force for years anyway. The copyright of anything you make expires after a set time of you or the owner being dead unless placed into a foundation be it private or corprate.

For instance, most of the characters used in Alan Moores League Of Extraodinary Gentleman were only usable because their creators had been dead for decades and their creations not passed onto a foundation that could maintain the copy right (with the exception of the Invisible Man). EDIT [That's actually Fu Manchu it seems and The Invisible Man situation only affects the film - who knew?]

Basically while it's unethical to use the work of others, even if altered (stealng a bike then putting a new bell on it doesn't make it yours) it's still your responsibilty to copyright it all. Realise that there are people out there who will use your work regardless of what laws do or don't exist regardless of if they are or aren't in your favour.

And finally, well done users of DA. Your ability to over react and read things at face value has probably convinced the world at large that we're a bunch of hysterical idiots yet again.

Well done.

  • Listening to: Mystery Jets - Diamond in The Dark.
  • Reading: Alice In Sunderland
  • Watching: 120 Minutes
  • Playing: No More Heroes
  • Eating: Baguettes
  • Drinking: Green Tea

Devious Information

  • Current Age: 21
  • Current Residence: Albion
  • Interests: Still too many.
  • Favourite movie: Evil Dead 2
  • Favourite band or musician: Rage Against The Machine
  • Favourite genre of music: pass
  • Favourite artist: Jamie Hewlett
  • Favourite poet or writer: Warren Ellis
  • Favourite style or digital art: British, Small press, European, Indie, American and Japanese comics
  • Operating System: not bothered.
  • MP3 player of choice: again...
  • Shell of choice: ??
  • Wallpaper of choice: anal...retentive...
  • Skin of choice: mine, it grows back.
  • Favourite game: Jet Set Radio
  • Favourite gaming platform: Too many.
  • Favourite cartoon character: ...
  • Personal Quote: "You haven't lived because YOU haven't laid on the floor and drank wine from a table.
  • Tools of the Trade: Brain, Hands and eyes. Pencils, inks, markers, photocopiers and paint.

deviantART Notice

Devious Comments

~KiraTheKiller:iconKiraTheKiller: Apr 27, 2008, 11:53:06 AM
Awesome, looking forward to it =D

--
~The world is so cruel to those who just want to love or is that people~

[link]
~AaronSmurfMurphy:iconAaronSmurfMurphy: Apr 26, 2008, 4:56:48 PM
Wil hasn't approached me about producing new work specifically for the con... However, he is selling t-shirts based on the design I already did.

Hopefully there'll be a 2nd issue of Fecal Depot too.
~KiraTheKiller:iconKiraTheKiller: Apr 26, 2008, 6:26:22 AM
No problem ^_^
Are you gonna do some more for chibicon?
=3

--
~The world is so cruel to those who just want to love or is that people~

[link]
~AaronSmurfMurphy:iconAaronSmurfMurphy: Apr 25, 2008, 1:41:28 PM
Ah, cheers and lovely man. It was a pleasure to do that commision for Wil.

However, some of the line art came out a bit botched so it's far from perfect...

Most importantly though, thanks for the watch.
~KiraTheKiller:iconKiraTheKiller: Apr 25, 2008, 1:15:25 PM
Heya, love your comic in WiL's shop by the way, its very awesome! =D

--
~The world is so cruel to those who just want to love or is that people~

[link]
~AaronSmurfMurphy:iconAaronSmurfMurphy: Apr 22, 2008, 6:12:09 AM
um...cheers and lovely?
~aaawhyme:iconaaawhyme: Apr 21, 2008, 9:37:00 PM
random comment!

--
A child who wishes so desperately to grow up that when he finally does become an adult, he looks back and wonders what happened...
Enjoy life while it lasts, who knows what comes after.
~ztenzila:iconztenzila: Mar 26, 2008, 4:51:37 AM
hey hows it going,nice work on the uk comic thing!!
hope to hear from you soon and thanks for the watch too :D

--
the names ztenzila,and don't where it out !!! "but don't tell any one my real name,its a secret identity thing"... GOT IT...
*arcphnel:iconarcphnel: Feb 28, 2008, 2:12:10 PM
I found ye ^^ and i'm watching you ¬.¬

--
There's a power that comes from deep inside of you,
'Cause every day you're reaching for the light,
And you know there's a long long way ahead of you,
But when your wheels get you there,
Things will turn out rii-iight!
~tomorrowsjoe:icontomorrowsjoe: Feb 21, 2008, 5:32:32 AM
thanks for the comments, Abandon The Old in tokyo must have made a big impression on you. i'll let you borrow push man next time.
~Slothboy3000:iconSlothboy3000: Feb 4, 2008, 11:55:29 AM
Thanks man!

--
Crayola wolves!? Whatever next!
~AaronSmurfMurphy:iconAaronSmurfMurphy: Feb 4, 2008, 5:29:05 AM
Cheers and lovely man, let me return the favour by putting you on my watcg list.
~Slothboy3000:iconSlothboy3000: Feb 4, 2008, 5:22:12 AM
Hey I never knew you were on dA, nice gallery!

--
Crayola wolves!? Whatever next!
~AaronSmurfMurphy:iconAaronSmurfMurphy: Jan 2, 2008, 2:06:18 PM
No problem, cheers and lovely.
*CazGirl:iconCazGirl: Jan 2, 2008, 8:31:30 AM Mood: Love
Thanks for the visit!

--
:damphyr: CazGirl Gives You Wings
~PirateCubes = free avatar commissions
*SpookyRuthy:iconSpookyRuthy: Dec 29, 2007, 2:41:35 PM
Thanks! I might post some art for Chibicon and see whether they want it or not - you should do the same! I'm sure they'd be very appreciative :D

--
I even invited your best friend Companion Cube, but he couldn't come, because you murdered him.

-----------------------------------
Ruthy
~AaronSmurfMurphy:iconAaronSmurfMurphy: Dec 29, 2007, 2:40:08 PM
Thanks for popping by man, I'll slap you on to my watch list after I get this typed up. Your style is interesting and nicely put togeher.

I'm not actually on the Tokyo Otaku forums but will probably sign up at some point but thanks for digging my art.

Unfortunately I was never very good at drawing anime and manga and don't really draw purely in that style anymore. On the other hand I would'nt know what to call my current style (or even say if it's any good) but it's what I feel comfortable drawing with.
*SpookyRuthy:iconSpookyRuthy: Dec 29, 2007, 2:23:40 PM
Hi there :D Thanks for coming to visit my page, I'm all signed up to the tokyootaku forums, so I'll be posting on there every so often, so we can talk there too :) Your art is so awesome! You should do more anime and manga!

--
I even invited your best friend Companion Cube, but he couldn't come, because you murdered him.

-----------------------------------
Ruthy
*Akitokit:iconAkitokit: Nov 21, 2007, 8:58:12 AM
Well, I want to attend but I was just picking up felix and so happen to sit in the meeting. It wasn't planned or anything.
~AaronSmurfMurphy:iconAaronSmurfMurphy: Nov 20, 2007, 5:34:52 PM
Oh, i've known about your account for awhile through friends of friends and networking.

By all means note me with a comics list.
~Denji-chan:iconDenji-chan: Nov 20, 2007, 5:02:24 PM
hey! I'm suprised and intrigued to know how exactly you got hold of me DA account! *laugh* but nice to see a fellow artist on here :) I shall/cn do reccomend you some comics if you want ^^v

--
SPITZ-- are you a fan of spitz? @@; please tell me! XD

.. /\ ...........
. (゚ 。`>...... <3
.. l` \ ;'` .... <--- Confoosed Neko :heart:
. (__.)........
~Denji-chan:iconDenji-chan: Nov 20, 2007, 5:01:14 PM
hey kit Oo; how funny to see you here xD; i didn't know you had been to one of those meetings :)

--
SPITZ-- are you a fan of spitz? @@; please tell me! XD

.. /\ ...........
. (゚ 。`>...... <3
.. l` \ ;'` .... <--- Confoosed Neko :heart:
. (__.)........
*Akitokit:iconAkitokit: Oct 13, 2007, 12:33:08 PM
Yeh my names Kit, but I dunno if you'll ever see me again since I have to work on those days.

Well hope to see more of your work. And good luck anything project your up to with steve.
~AaronSmurfMurphy:iconAaronSmurfMurphy: Oct 13, 2007, 12:02:58 PM
Cheers and lovely man. Gimme a real name and I might rememer who you were at Steves development night.
*Akitokit:iconAkitokit: Oct 13, 2007, 6:17:56 AM
Hey there ^^ I dunno if you remember me, but I saw your work in one of steves wednesday meetings. I saw your page and thought imediately of your comic only to find it in your gallery later hehe

Really awesome black and white works, detail are really nice.