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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."

9 of 431 comments (clear)

  1. And Fonts... by popo · · Score: 3, Interesting

    Does anyone even understand copyright on fonts?

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    ------ The best brain training is now totally free : )
    1. Re:And Fonts... by DustyShadow · · Score: 3, Interesting

      Their copyrightability is questionable. The U.S. Copyright Office will not register them.
      My 2 second google search brings up this. Disclamer: I haven't read that page though other than the title.

    2. Re:And Fonts... by gEvil+(beta) · · Score: 5, Interesting

      Does anyone even understand copyright on fonts?

      I believe I have a semi-reasonable grasp of it, but welcome anyone to correct any errors I might make. The outlines of the characters in a font are not themselves copyrighted (nor can they be). However, the digital representation of these characters is copyrighted (i.e., the font files you buy or that come with software). This also includes derivatives based upon modifying the original digital files. However, if you were to print out the characters in a font, then redraw them in FontLab or Fontographer, you could claim the copyright to your new creation. However, you will then be scorned by the typographic community for doing so unless you at least make a few modifications to some of the characters. It's somewhat similar to software in that a disassembly and reimplementation of it must take place.

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      This guy's the limit!
  2. This is by design, not by accident. by Tackhead · · Score: 5, Interesting
    > At worst, he faces imminent "destruction."

    He has no time to survive! Make his time! (Move Zune! For great injustice!)

    Sorry. I had to.

    Since we've all seen and we all know Cardinal Richelieu's "Give me six lines written by the most honorable of men, and I will find an excuse in them to hang him." quote, and Rand's "There's no way to rule innocent man..." quote, let's go for something a little closer to home in US jurisprudence.

    "With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."

    -Former Attorney General and Supreme Court Justice, Robert H. Jackson, April 1, 1940

    Unfortunately, it wasn't an April Fool's joke.

  3. The spectre of selective enforcement by dpbsmith · · Score: 3, Interesting

    That's a very good article. The example surprised me. I thought that one would need to be much more far-fetched than he was to get the total that he gets.

    It even failed to mention some potential liabilities. When he "emails his family five photographs of the Utes football game he attended the previous Saturday," the point is the infringement of the copyright of his friend who took the pictures. He doesn't pile on the possibility that the images themselves contain copyrighted team logos, or that... this is so weird that I'm not sure I'm remembering it correctly, but I believe the owners of some buildings are now claiming that the appearance of the building itself is copyrighted and that photographing the buildings infringes... so the photographs might be infringing by showing the stadium itself.

    What he does not mention is the spectre of selective enforcement. It is very convenient for authorities if everyone is a law-breaker, because then you always have a valid pretext for prosecuting/persecuting them.

  4. Law on Everybody by Gadzinka · · Score: 4, Interesting

    Watching as US Copyright goes south is particularly painful for someone who grew in a communist country. I was old enough before '89 to take part in political discourse, which often took form of political jokes. It was a kind of very bitter humor, uninteligible for someone who didn't breathe this air of suspicion and fear. So this is a kind of nasty flashback for me, as it reminds me the joke/saying from those times: there is a law on everybody*. As soon as you stick your head too high, to far, put your nose where it doesn't belong, someone will find a law that will punish you severly. It's kind of bitter irony, that it is US, the mythical Land of the Free of my youth.

    Robert

    * pl. na kazdego jest paragraf

    PS The nineties called and they want their "iso-8859-1 hardcoded webpages" back. Need I wait for "Web 5.0" to be able to use non-latin1 characters in /. comments?

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    Bastard Operator From 193.219.28.162
  5. Re:Imminent destruction!TELL THAT TO PRINCE by Nom+du+Keyboard · · Score: 4, Interesting

    Based on a cursory Westlaw search using the terms 'copyright' & 'fair use' & 'tattoo', this issue has not been litigated in the US. A personal tattoo does not fall into the listed categories of fair use such as criticism, teaching, scholarship, or research.

    Tell that to Prince, who has issued a takedown for a photo of a fan's Prince tattoo.

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    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  6. Re:link to the actual article by elrous0 · · Score: 4, Interesting

    I took a class once taught by my grad school mentor that dealt with copyright law. He used to teach the standard thing of "x number of years after the author's death." I spoke with him more recently and asked him about this and he said that he now just tells his students bluntly "Anything copyrighted after the mid-20's will likely never fall into the public domain." Even in cases where stuff HAS fallen into public domain for whatever reason (abandonment, dissolution of the owning company, etc.), it can easily be de facto reclaimed if there is any financial incentive to do so (as the legal maneuverings over "It's a Wonderful Life" illustrate).

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    SJW: Someone who has run out of real oppression, and has to fake it.
  7. Re:Imminent destruction! by Roger+W+Moore · · Score: 4, Interesting

    A personal tattoo does not fall into the listed categories of fair use such as criticism, teaching, scholarship, or research.

    Ah...but since the person in the example was a law professor couldn't he claim that the Captain Caveman tattoo was legal research because he wanted to see if he could get sued for having it and so therefore he couldn't be sued? Or would that much circular logic make a judge's head implode?