Ok, gloves off. Now is the time for filmmakers to get active on behalf of themselves!

Have you ever tried to use a piece of material that is not yours but you cannot locate the copyright holder despite your best efforts? These materials are known as “orphaned works,” and for the most part, have been unusable except, in a fair use context, if you expect to get insurance down the road. Legislation is now before Congress, and several media arts organizations in addition to Public Knowledge and Washington College of Law are lobbying for passage of that legislation and ensuring that the language of the law will reflect the practice and concerns of independent filmmakers.

You can read more about the lobby effort here and if you already understand the issues and want to take action, PK has set up a e-form that you can fill out to send in on your behalf here.

And I’ll use this opportunity to pitch The Orphan Film Symposium. I met Dan Streible, the force behind Orphans, at The Flaherty Seminar in 2003 and found him to be totally passionate about preserving and utilizing orphaned works. Since, I’ve seen Dan presenting at various festivals and screening series, including Thom Powers’ Stranger Than Fiction last season. As with fair use, if you expect to keep or expand your rights, you need to get vocal. If all Congress ever hears is the viewpoint of corporate media, who would probably prefer to collect this material and sell it back to you, independent filmmaking will not get easier or most cost effective.