Reply from Congressman Emanuel Cleaver concerning Orphan Works Act of 2008

[Jim Herrmann]

Dude, James, you are way OT.  Not only that, but your statements are those
of far right wing talking points that have very little to do with reality.
You need less Rush Limbaugh and more reality.

Thanks, David, for a relevant topic that does concern the open source
movement.

On Tue, Aug 12, 2008 at 11:05 AM, James Sissel <jimsissel at yahoo.com> wrote:

> I've emailed our esteemed Representative several times about various
> issues.  His support for illegal aliens, high gas prices and the Socialist
> (oops, Democrats) refusal to do anything, grand theft in the form of taxes
> that he supports and wants to increase, etc.  In my humble opinion he needs
> to be replaced during the next election.  The man was a horrible Mayor and
> an even worse Congressman.  His goal is a Socialist government that will
> control every aspect of our lives (and he's running it, of course).  Not
> exactly "open source" philosophy.
>
>
> *David Nicol <davidnicol at gmail.com>* wrote:
>
> I actually don't recall what position I was endorsing when I attempted
> to summarize our discussion of HR #5889 in an e-mail to our former
> mayor and fifth district rep, but here's his reply
>
>
> ---------- Forwarded message ----------
> From: Congressman Emanuel Cleaver
> Date: Tue, Aug 12, 2008 at 10:44 AM
> Subject: Reply from Congressman Emanuel Cleaver
> To: davidnicol at gmail.com
>
>
>
>
> Dear David:
>
>
>
> Thank you for contacting me about H.R. 5889, the Orphan Works Act of
> 2008. I appreciate hearing your thoughts about this important issue.
>
>
>
> As you may know, under current copyright law, using a copyrighted work
> without permission of the copyright owner can subject a user to
> considerable civil liability. Using a copyrighted work in one of the
> proscribed ways requires permission from the copyright owner and
> sometimes payment for the use. But if the copyright owner cannot be
> found, the work typically lies unused out of concern for the penalties
> that could be imposed if the copyright owner surfaced after use has
> begun. Consequently, large amounts of copyrighted works - written
> texts, photographs, sound recordings, video tracts, and much more -
> are held in libraries, museums, archives and elsewhere, unused and
> largely inaccessible to the public.
>
>
>
> The Orphan Works Act of 2008 would limit the remedies in a civil
> action on copyright infringement of a work whose creator cannot be
> identified or located. These orphan works are defined as any
> copyrighted work whose creator cannot be found after a reasonably
> diligent search. H.R. 5889 would establish a publicly available
> electronic database of all protected pictorial, graphic, and
> sculptural works. Although I believe the public could benefit from
> access to more works, we should not sacrifice the fundamental right of
> an artist to his or her work. Currently, H.R. 5889 is pending
> consideration in the House Committee on the Judiciary. If this bill
> should come to the floor for a vote, I will be sure to keep your
> thoughts in mind.
>
>
>
> Again, thank you for sharing your views with me. Please do not
> hesitate to contact me in the future if I may be of further
> assistance. Also, I encourage you to visit my website at
> http://www.house.gov/cleaver, where you can sign up for my electronic
> newsletter and receive updates on my latest activities as your
> Representative.
>
>
>
> Sincerely
>
> Emanuel Cleaver, II
>
> Member of Congress
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