Orphan Works Act

Even though I'm from over the pond, you'd pretty much have to have your head completely in the clouds as a photographer to have missed all the hulabaloo about the pending Orphan Works Act stateside. As I Understand it the act has been killed of, but only temporarily as it is likely to be re-presented, if not in a slightly different format. Although this obviously doesn't affect me directly, in this inter-connected non-stop data flow high tech age, aren't all us photographers worldwide potentially affected by this? If a US based magazine for example prints one of my images that somehow electronically appeared in their hands and claim that they fulfilled "a fair and reasonable effort" in trying to track down the photographer, but don't actually get my permission to print, how does this affect me?

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