Everyday Copyright Violations

Schneier has pointed out a great law review article about the problems with copyright. The author takes a look at normal daily practices and how many commonplace actions actually result in what can be considered copyright violations. "By the end of the day, John has infringed the copyrights of twenty emails, three legal articles, an architectural rendering, a poem, five photographs, an animated character, a musical composition, a painting, and fifty notes and drawings. All told, he has committed at least eighty-three acts of infringement and faces liability in the amount of $12.45 million (to say nothing of potential criminal charges). There is nothing particularly extraordinary about John's activities. Yet if copyright holders were inclined to enforce their rights to the maximum extent allowed by law, he would be indisputably liable for a mind-boggling $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P file sharing."

Comments

Imminent destruction!

[pwnies]

From the .pdf the article quotes:

In the late afternoon, John takes his daily swim at the university pool. Before he jumps into the water, he discards his T-shirt, revealing a Captain Caveman tattoo on his right shoulder. Not only did he violate Hanna-Barbera's copyright when he got the tattoo--after all, it is an unauthorized reproduction of a copyrighted work--he has now engaged in a unauthorized public display of the animated character. More ominously, the Copyright Act allows for the "impounding" and "destruction or other reasonable disposition" of any infringing work. Sporting the tattoo, John has become the infringing work. At best, therefore, he will have to undergo court-mandated laser tattoo removal. At worst, he faces imminent "destruction." Look on the bright side, at least we wont be seeing more of the Zune tattoo guy.

Re:Imminent destruction!

[idontgno]

Unfortunately for the author's hyperbole, tattoos of copyrighted art on one's person fall under fair use.

Well, thanks for clearing that up.

I had no idea that a functional majority of the Supreme Court of the United State (A) had issued a writ of certiorari in an appellate case involving copyright and fair use; (B) has chosen to collectively blog on Slashdot under a single pseudonym "bconway"; and (C) has decided to publish a definitive opinion on the scope of fair use in personal body art under the aforementioned pseudonym in the aforementioned Slashdot. As opposed to, say, The United States Reports, which is the oh-so-last-century "official" recording mechanism for SCOTUS decisions.

I personally think you're right. But since Section 107 of US Code Title 17 doesn't call out "personal body embellishment" as one of the explicit examples of fair use, it's a judgment call. Not your judgment, not my judgment, but a court's judgment. And, if the appeal process runs far enough, the Supreme Court's judgment.

ObDisclaimer: IANAL, but neither are most of y'all.

that was a freebie

[fmobus]

for Bruce Schneier!

Why a link to his blog, when all he says is boilerplate comment about the original article. Yeah, I know it's a PDF, but anyway. I believe does not need techniques like Roland's Piquepaile to get hits.

hmm maybe I should watch my back now, considering I have bad-mouthed Bruce Schneier... brb, unplugging my box from the netwoGAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAfldsfjadlkfw35r$@#%$ETW#TE%$T

Oh shit, my birthday's coming up

[RockMFR]

Should I get a license to sing "Happy Birthday to You" from Warner Chappell? I guess I will, just to be safe...

Name of the Client: me
Description of the Presentation: birthday party
Who will view the presentation? friends and family
How many people will be attending the presentation? 20
What is the number of locations where the presentation will take place? 1
How many copies will be made? 25
Will any copies be sold? No
Please give a detailed description, including timing(s), of how the song will be used in the presentation: The song will be sung once before I blow out the candles on my birthday cake. There will be a camcorder set up and the recording will be sent to everybody at the party and some people who could not attend.
Are you going to license an original master recording or are you going to re-record the song? Rerecording
Will you be altering the Song's lyrics in any way: Yes
If yes, please type new lyrics.
Happy Birthday To You
Happy Birthday To You
Happy Birthday Dear RockMFR
Happy Birthday To You
And Many More
On Channel 4
And Scooby Doo
On Channel 2
And Frankenstein
On Channel 9
General Comments: no gifts, please

*submits*

Fee: $0.00

:)

No, sorry, your schlong is too small... an offence

[SmallFurryCreature]

I also doubt wether it will stand up in court.

Someone stop me!

Re:duh

[pegr]

Everyone treats the internet like laws can't apply, but were the laws reasonable there would be no problem. Take copyright for example - if copyright law were written in such a way that noncommercial use of a work would automatically be non-infringeing, there would be no problem.

IMO, anyone who believes that P2P really costs artists money has not given much thought to the matter. Clearly, if I've never heard of you I'm not going to buy your CD or book.

Plagairism is another matter entirely; it should be severely punished.

-pegr

Re:And Fonts...

[IthnkImParanoid]

They'll just make sure your eulogy is written in Comic Sans.