Legislation Archive

Fight to Protect your Copyright in Massachusetts!

Published: June 22, 2010

Your Constitutional right to protect your IP is at risk like never before!

artistsunderthedome.org

Artists Under the Dome

Anyone who creates intellectual property in Massachusetts, whether they be traditional artists, photographers, game and software creators, sculptors, etc., need to be aware that the right to protect this property is greatly at risk. Right now at the State House, advocates to protect copyright are working to amend the 2004 Independent Contractor law that placed most content creators in the W-2 tax category, making them work-for-hire.

All W-2 creative output (copyright and all other kinds of intellectual property such as trademark rights, patten rights, etc.) automatically goes to the employer.

You can watch a brief, informative video about the Independent Contractor problem here.

Please read and participate in this recent call to action by Kathleen Bitetti, artist and co-founder of artistsunderthedome.org. It could save your livelihood.

June 18, 2010

Greetings,

I have posted  how members of the Joint Committee on Labor and Workforce Development voted on the redraft of HB1844  (now known as HB4748):
http://www.artistsunderthedome.org/vote_HB1844.html

The new draft, HB4748,  DOES NOT fix the problems caused by the 2004 law change:
http://www.artistsunderthedome.org/HB4748.html

I also posted is a link to a very helpful article:
http://www.mbbp.com/resources/employment/independent_contractor.html

I now need you to contact the Governor and both your State Representative and Senator to let them know that the redraft version HB4748 does not fix the unintended consequences from the 2004 independent contractor law change that are impacting artists of all disciplines. Also urge them to attend the Cultural Caucus’s informational briefing on issues affecting the artists labor market on Wednesday, June 30th.  An email will be sent to every member of legislature inviting them to attend this important briefing by the Cultural Caucus.

How to contact the Governor and your State Senator and Representative:

Contact the Governor on this issue
Phone: 617.725.4005
888.870.7770 (in state)
TTY: 617.727.3666
To send him an email http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us

How to find your state representative (on the form it says Rep in General Court) and your state senator (on the form it says Senate in the General Court): http://www.wheredoivotema.com/bal/myelectioninfo.php

Please pass this email on to anyone else who will take the time to contact their legislators and the governor.

Sincerely,

Kathleen Bitetti
Artist
Co-founder of www.artistsunderthedome.org
Co-founder of the Massachusetts Artists Leaders Coalition

PS: Please help us build our listserv- ask other artists of all disciplines and those who care about us to join the artistsunderthedome.org’s listsev!

http://www.artistsunderthedome.org/contact.html

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Advocacy Alert for Senate Bill 1800-An Act to the Right to Publicity (MA)

Published: January 26, 2010

Greetings,

As I alluded to last week, there is a second hearing this week for another important Massachusetts bill, Senate Bill 1800 – An Act to the Right to Publicity. If  passed, SB 1800 will provide needed intellectual property protection for MA artists of all disciplines in regard to controlling the use of their image, namesake or “brand” in advertising and in other commercial uses while they are alive and for their estate/legacy.

The public hearing for the bill is Thursday, January 28th, 2010- 1pm in room A-1 at the Massachusetts State House in Boston. It is being heard by the Judiciary Committee and to send in email testimony send it to: Keith.Macfarland(at)state.ma.us – it should be sent in no later than Friday, January 29th.

Please be aware that there is a new and stronger draft of the legislation, but it has yet to be posted on the state’s website.  To see the “older version”  of the legislation go to:

http://www.mass.gov/legis/bills/senate/186/st01/st01800.htm

For more information on SB 1800 and how to write your testimony see:

http://www.artistsunderthedome.org/SB1800.html

Sincerely,

Kathleen Bitetti
Artist & Co-Founder of ArtistsUndertheDome.org

PS – If you have yet to do so- PLEASE  send in your written testimony in favor of HB1844- An Act Relative to Independent Contractors. This is a key bill to protect the intellectual property rights of artists of all disciplines and freelancers.  A MA 2004 state law change has negatively impacted these needed rights and HB1844 will fix these issues.

The public hearing for HB 1844 is Wednesday, January 27th, 2010 10:30am in room A-2 at the Massachusetts State House in Boston, MA.

More info on HB1844 and where to send in your testimony for HB1844:

http://www.artistsunderthedome.org/MAindependent_contractor.html

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An Update and Advocacy Alert for HB 1844

Published: January 20, 2010

Artists Under the DomeGreetings,

Next week is going to be a very busy week for advocacy in Massachusetts.

The Governor’s Budget is slated to be released on January 27th. This is the first step in a very long budget process. The Governor’s Budget gives us insight to see what is to come in regard to the possible funding level of the Massachusetts Cultural Council, our state arts council. More to come on this key point when the budget is released.

Next week there are two important pieces of state legislation that are having public hearings that directly impact the livelihoods and the intellectual property rights of artists of all disciplines. This email will focus on the first one. I will send out a second email in the coming days on the other piece of legislation.

House Bill 1844 – An Act Relative to Independent Contractor – is slated to be heard next week. In 2004 there was a law change in Massachusetts that made it next to impossible to be an independent contractor. This in turn has a very negative impact on an individual’s intellectual property rights over their paid creative work.

To find out how more about HB 1844, the 2004 law change and what you can do:

http://www.artistsunderthedome.org/MAindependent_contractor.html

If you are interested in testifying at the hearing on Wednesday, January 27th at 10:30am please contact me directly at contact(at)artistsunderthedome.org. A bunch of us are going to testify together as a group/panel on this legislation.

We need as many artists of all disciplines and supportive individuals to send in written testimony in support of HB 1844. Please send this email to anyone you think would be in support of this legislation and willing to send in written testimony.

Thank you!

Kathleen Bitetti
Artist & Co-founder of ArtistsUndertheDome.org

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Fix the Massachusetts Freelancer Law!

Published: January 17, 2010

care2 logo

Fix the Massachusetts Freelancer Law!

Are you an independent contractor? Do you know that as an artist who agrees to “work-for-hire”, you lose all copyright to your work? In Massachusetts it is very difficult to work as an independent contractor. Your client is almost always required to hire you as an “employee”. Not only does this automatically give your employer the copyright to your creative work, taxes will be withheld and you will be reported as a W-2 employee. This means you will not be able to deduct work related expenses at your studio, among a number of tax “gotchas” that artists unfairly endure.

You can do something NOW. Sign the Care2 petition, Fix the Massachusetts Freelancer Law, then pass the word along to your friends.

And, for extra credit, you can show up at the State House, Jan. 27th in Room A2 at 10:30 to give testimony. (Sign-in by 10am if you want to give verbal testimony.  Testimony is taken in order of signing-in.)

You can also send or drop off written testimony.  Send your testimony to Ryan.Whalen@state.ma.us.

Then thank yourself!

Note: In addition to signing this petition, you may also contact the chairs of the committee directly (State Senator Thomas McGee, 617-722-1350, Thomas.McGee@state.ma.us and Representative Cheryl Coakley-Rivera, 617-722-2014, Rep.CherylCoakley-Rivera@Hou.State.MA.US).

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