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Fate - Improvement Redraw by Erisiar
by Erisiar

To start with, this is a phenomenal piece that brings out the power of colors to impact the viewer and the artist. The way the colors f...

I'm sorry. Shall I say goodbye? - Speedpaint by Daikazoku63

To me, this is a piece of artwork that reflects imagination, expression, and a dream-like wonder. From the fade of warm to cold in the ...

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United States
Icon made by :iconrireiku:

Emily / Emzy / Em / Emy / Miss-chief

I am currently just a student with big dreams. Art is my passion, and I enjoy drawing as a hobby and a source of stress relief

Also a ticking time bomb of fickleness ;3

Feel free to stop by and start a conversation :heart: I will literally talk about and answer anything. Literally. Try me ;D

Thank you guys for stopping by and I hope you enjoy my little fantasies :heart:

My lovely and amazing boyfriend /.\ :iconsantosvh97: I love you :heart: >////<


Hey guys :heart:

So recently I've been seeing a bunch of journals talking about this "Orphan Works and Mass Digitalization" act that's being passed that would violate the copyright rights of artists. Supposedly this is what the act would do:
 - “The Next Great Copyright Act” would replace all existing copyright law. 
 - It would void our Constitutional right to the exclusive control of our work.
 - It would “privilege” the public’s right to use our work.
 - It would “pressure” you to register your work with commercial registries.
 - It would “orphan” unregistered work.
 - It would make orphaned work available for commercial infringement by “good faith” infringers.
 - It would allow others to alter your work and copyright these “derivative works” in their own names. 
 - It would affect all visual art: drawings, paintings, sketches, photos, etc.; past, present and future; published and unpublished; domestic and foreign. 

Now, this does seem a little bit too unbelievably outrageous to not completely freak out over, but as I did more research on this supposed law that's being proposed, I found that maybe this "law" isn't all that it seems to be. 

First of all, this article sums it all up nicely, and you can find the actual report from the US Copyright Office here to see for yourself. Granted, it is 286 pages, but reading some of the first pages can already give you an idea of what they are trying to do.

Again, this is only a report. It is not a law that is about to be passed. The Office has held roundtable discussions and 
The US copyright office states here that 

"...uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace...", and thus this is why they are deciding to publish this report.
Put simply, orphan works are works that have no discernable copyright owner. They are unable to be used or licensed simply because nobody can really find the right permission to use the work. The problem with this is that when people do decide to use them, there is always the possibility that the copyright owner could find out after the work has been used and charge additional infringement/attorney fees.

Mass digitization involves making many reproductions of the work, in order to further publicize it or for other means, and in this case, obtaining permission to mass digitize the work is nearly impossible just because the cost of recieving permissions from every rightsholder would be fucking exhausting and therefore devalue the need to digitize the work.

This is what the report states the orphan works legislative frameworks would actually do:

  • Arrow left Establish a limitation on remedies for copyright infringement for eligible users who can prove they have engaged in a good faith diligent search for the owner of a copyright and have been unable to identify or locate him or her;
    Arrow left Define a diligent search as, at a minimum, searching Copyright Office records; searching sources of copyright authorship, ownership, and licensing; using technology tools; and using databases, all as reasonable and appropriate under the circumstances;
    Arrow left Require the Copyright Office to maintain and update Recommended Practices for diligent searches for various categories of works, through public consultation with interested stakeholders;
    Arrow left Permit a U.S. court, in its determination of whether a particular search qualifies under the statute, to take into account a foreign jurisdiction's certification that a search was in good faith and sufficiently diligent, provided the foreign jurisdiction provides similar treatment to qualifying U.S. searches;
    Arrow left In addition to a diligent search, condition eligibility on a user filing of a Notice of Use with the Copyright Office, providing appropriate attribution, and engaging in negotiation for reasonable compensation with copyright owners who file a Notice of Claim of Infringement, among other requirements;
    Arrow left Limit monetary relief for infringement of an orphan work by an eligible user to "reasonable compensation" – the amount that a willing buyer and a willing seller would have agreed upon immediately before the use began;
    Arrow left Bar monetary relief for infringements of orphan works by eligible nonprofit educational institutions, museums, libraries, archives, or public broadcasters, for noncommercial educational, religious, or charitable purposes, provided the eligible entity promptly ceases the infringing use;
    Arrow left Condition injunctive relief for infringement of orphan works by accounting for any harm the relief would cause the infringer due to its reliance on its eligibility for limitations on remedies;
    Arrow left Limit the scope of injunctions against the infringement of an orphan work if it is combined with "significant original expression into a new work, provided the infringer pays reasonable compensation for past and future uses and provides attribution;
    Arrow left Allow a court to impose injunctive relief for the interpolation of an orphan work into a new derivative work, provided the harm to the owner-author is reputational in nature and not otherwise compensable;
    Arrow left Condition the ability of state actors to enjoy limitations on injunctive relief upon their payment of any agreed-upon or court-ordered reasonable compensation; and
    Arrow left Explicitly preserve the ability of users to assert fair use for uses of orphan works. 

And this is what they would do for mass digitization:
  • Arrow left Permit the Register of Copyrights to authorize CMOs meeting specified criteria to issue licenses on behalf of both members and non-members of the organization to allow the use of copyrighted works implicated by the creation or operation of a digital collection;
    Arrow left Apply only to the three categories of works noted above (literary works, embedded pictorial or graphic works, and photographs), with possible additional limitations based on works' commercial availability or date of publication;
    Arrow left Give copyright owners the right to limit the grant of licenses with respect to their works or to opt out of the system entirely;
    Arrow left Permit the licensed works to be used only for nonprofit educational or research purposes and without any purpose of direct or indirect commercial advantage;
    Arrow left Establish eligibility requirements for a CMO seeking ECL authorization, including evidence demonstrating its level of representation among authors in the relevant field, the consent of its membership to the ECL proposal, and its adherence to standards of transparency, accountability, and good governance;
    Arrow left Provide for the negotiation of license rates and terms between the CMO and a prospective user, subject to a dispute resolution process;
    Arrow left Require the parties to negotiate terms obligating the user, as a condition of its license, to implement and maintain reasonable digital security measures controlling access to the relevant works;
    Arrow left Require the CMO to collect and distribute royalties to rightsholders within a specified period and to conduct diligent searches for non-members for whom it has collected payments;
    Arrow left Provide for the disposition of royalties remaining unclaimed after a specified period;
    Arrow left Include a provision expressly preserving the ability of users to assert fair use in connection
    with mass digitization projects; 
I'm not going to go super in-depth to how they're going to do this, but I'm just providing you with information on what this thing is and why it's happening, and also why it's nothing to worry about. It's not going to force us to do anything, it's not going to take away all our rights to keep our work, it's just a way for the US Copyright Office to readdress the issue of the millions of orphan works around the world that need to be used or referenced. (Also it's readdressing the copyright legislations that came up in 2006 and 2008 that can be read here. They were denied because they were flawed, but this did not eliminate the blockades orphan works caused)

I strongly urge you to check out this article on why this is an exaggeration and read the summary in the report above and then decide for yourself what this really means. I personally think that above was all a scare tactic, as the real report doesn't say anything about privileging the public's rights to use our work or even affecting all visual arts. It's natural for us to jump to conclusions as copyright issues run deep with the artist community. I'm not saying that this proposal doesn't have flaws either, it is definitely flawed and its flaws should not be excused. I'm just saying that I do not believe this report does what people have been claiming it does.

*I will update this as I get more information

Thank you for reading :heart: Until next time Hi! 
Hey guys!  :la: :eyes: 
I've always wanted to do this, because I always feel like there are some artists that need a little more love for their amazing artworks so here's the first batch // might make this a monthly thing, in different themes maybe--

Animated Color Bullets This batch is for digital/traditional artists I've seen who I've always wanted to feature because they deserve so much more love :heart: ;u;Animated Color Bullets 

if you don't want to be featured on this kindly let me know and I will take down your feature for you
Also if any of you have someone you think should be featured or even want to be featured yourself -- please let me know in either in the comments or by note and you just might see that artist or yourself in the next feature :)

Animated Color Bullets :iconsamiahdagher: samiahdagher || Gallery 
I have a need for this artist to become an absolute sensation. Her drawings are hyperrealistic and they are all ballpoint pen sketches. Yes, I said ballpoint pen sketches. These pieces of perfection were all drawn using ballpoint pens. :) I can't even put into words how amazing her artwork is... Please give her and her beautiful beautiful wondrous pieces of perfection all the love you can give <3

Ariel by samiahdagher Rachel weisz by samiahdagher My Elsa creation by samiahdagher Georges Khabbaz by samiahdagher Merida by samiahdagher

Animated Color Bullets :iconakiohara: AkiOhara || Gallery
AkiOhara is an artist who has amazing artwork that is somewhat overlooked. I mean, they're absolutely stunning *o* He/she really deserves more love for the artworks. The traditional works have so much detail and I just love looking at them :heart: Take a look for yourself ~~ Please support AkiOhara and his/her artworks the best you can :heart: :heart:

girl by AkiOhara W.I.P by AkiOhara cutie by AkiOhara girl by AkiOhara Art trade by AkiOhara

Animated Color Bullets :iconlsy-kalata: LSY-kalata || Gallery
Shiyu's artworks go around pretty unnoticed, even though they are completely deserving of more attention. I mean look at them !!~~ He has so many wonderful pieces of landscape and concept and design artwork that it's unbelievable o-o I mean, they're so amazing >.< Please give him the love he deserves <3 <3 

Nature and elf by LSY-kalata A female general of the devil army by LSY-kalata queen of alien by LSY-kalata the female warrior of galaxy by LSY-kalata League of Legends-vi by LSY-kalata
Animated Color Bullets :iconzamberz: Zamberz || Gallery
Ahh I don't even have to say much for this guy because his drawings say it all =_= His pieces of artwork are beyond amazing in every single aspect and I also think that he should be a god on this website :) He's also offering commissions! //note him for details hahah trust me you'll want them ; Please give him all of your support :heart: 

Portrait study by Zamberz Celestial dragon by Zamberz Katarina_fanart by Zamberz warm_evening by Zamberz Tormentress by Zamberz

Animated Color Bullets :iconbabaganoosh99: BABAGANOOSH99 || Gallery
I honestly don't know how Joshua isn't an absolute sensation, it's crazy. He has insanely great artworks that need much much more credit than they actually get. I wish I could link his entire gallery hahah it's full of golden masterpieces. He's a freelance concept artist and illustrator, I strongly urge you to give him all your support :)

 Leonie's Dress by BABAGANOOSH99 Frost Dragon by BABAGANOOSH99 Dagra by BABAGANOOSH99 Undeed Banshee by BABAGANOOSH99 Demon Witch by BABAGANOOSH99

Animated Color Bullets :iconnezumiyasha: NezumiYasha || Gallery
Ahh Elena's drawings are absolute perfection. She's an absolute traditional art legend and she's so sweet too, and definitely should be more out there. I mean look at her art *-* It's absolutely amazing <3 <3 <3 Please give her some more love, she deserves all the love she can get :heart:

Ignite The End by NezumiYasha Crystal Colour by NezumiYasha Feathers - Graphite by NezumiYasha Yoko Littner - Gurren Lagann by NezumiYasha Feathers by NezumiYasha

Animated Color Bullets :iconporingrenger: poringrenger || Gallery
Minnie is a lovely person with lovely drawings <3 I love all her drawings, the lighting, shading, perspective etc etc etc are all so amazing and so en pointe. You guys should really check her out; her digital drawings are so beautiful and lovely ^-^ She has commissions open too ;D Please give her your support :heart:

World Collapsing by poringrenger Festival! by poringrenger Minotaur2 by poringrenger Postcard by poringrenger Kaneki Ken by poringrenger

Animated Color Bullets :iconrimapichi: RimaPichi || Gallery
I think Rima is by far my favorite artist on deviantart ;u; her drawings are absolutely sensational and her style is awe-inspiring. She should seriously be a celebrity on this website, at least in my opinion ¬u¬ I look up to her a lot, especially because of the way she does hair and eyes and everything :heart: It's amazing :D I mean look at her art LOOK AT IT <3 She's also amazingly nice as well haha she's perfect <3 Please give her all the love you can give <3 

Contest Prize: Laniea by RimaPichiStardust by RimaPichiRequiem Of The Red Rose by RimaPichiSugar Flash .:Speedpaint:. by RimaPichiDawn Of Hope .:Speedpaint:. by RimaPichi

Thank you all for reading and supporting these amazing artists Heart bum Until next time Heart Balloon Emote 
Undiscovered Feature #1
I've always wanted to do a feature so woop /.\

//of course there are more artists who I feel like need a little more love, this is just the first batch

remember if you have someone you think should be featured or want to be featured yourself or even just an artwork please leave a comment below or send me a note :heart: many thanks

Thank you for your support :heart: Until next time Heart Balloon Emote 
Art Trade: Demoness by LunardreamerEmy
Art Trade: Demoness

you didn't get rid of me yet
//So sorry for disappearing for like 112 years lol 

My part of the art trade with :iconamaranthicalrose: of her lovely OC Grace in demoness form<3
Her part of the art trade:

Ahhh so so soooo many apologies to Amaranthia this took so longgg but I finally got it done /.\ I really hope you like it /.\
//She might not actually have fire powers but I thought it would look a little cooler, plus i kinda saw her as a rose kind of girl hahah >.<
//note to self need to work on shading hair hair and basically everything

I will be getting back to your feedback messages shortly so stay tuned <3
And please Enjoy <3
Hey guys! I'm still on hiatus atm, but before my premium membership runs out, I will be coming out with my first adoptable batch soon! :) I was wondering which you would like to see more-
3 deviants said Regular adoptable batch
2 deviants said Surprise egg adopt batch


LunardreamerEmy has started a donation pool!
632 / 5,000
If you enjoy my art then feel free to donate ^-^

Points go to amazing and undiscovered artists or just amazing people in general C:

I appreciate all your support :heart:

Thank you <3

You must be logged in to donate.

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Add a Comment:
SantosVH97 Featured By Owner 2 days ago  Hobbyist Traditional Artist
I lovee youuuu :heart: :heart:
(1 Reply)
KittenKaterz Featured By Owner 2 days ago  Student Writer
Thank you so much for the llama! I'm going to return it. I love yer art, by the way! Keep doing great!
(1 Reply)
ski-ploom Featured By Owner 2 days ago  Hobbyist Digital Artist
Thanks for the llama :) Your art is awesome!
(1 Reply)
Doubleslapped Featured By Owner Jul 23, 2015  Professional Writer
Thanks for the :llama: :wave: :happybounce:
(1 Reply)
kaotic-cass Featured By Owner Jul 22, 2015  Student Traditional Artist
Thanks for the :+fav: on Secret Santa Korra Firebending. It's much appreciated. :)
(1 Reply)
Ruz18 Featured By Owner Jul 22, 2015
Thanks for the llama :D
Here's one in return!
(1 Reply)
Eclair123 Featured By Owner Jul 21, 2015  Hobbyist General Artist
thanks for Llama jump 
(1 Reply)
iLoveAnimecx Featured By Owner Jul 18, 2015  Hobbyist Traditional Artist

Thank you so much for the Llama!!<3

(1 Reply)
Spring-Elena Featured By Owner Jul 18, 2015  New Deviant Hobbyist Digital Artist
Hey-hey! ~
I love your art style so much! Q///u///Q
I havent seen anywhere, so Im gonna ask here. Do you take requests? >u<
(1 Reply)
Felizias Featured By Owner Jul 18, 2015  Hobbyist Digital Artist

Welcome to All-about-features! I love deviantART!

Our goal is to give extra exposure to features and new members of the community.

If you are preparing any features, please remember to tell us so we can spread the word.

Please share submitted features and interviews with us for everyone to enjoy. :) (Smile)

In hope you will have a great time with us

(1 Reply)
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