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 $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P file sharing."
Link in the story is a blog, here is the pdf that the blog links to: http://www.turnergreen.com/publications/Tehranian_Infringement_Nation.pdf
As an earlier poster pointed out I found the caveman tattoo bit about destruction quite funny, was also shocked to hear that "Happy birthday to you" is still under copyright, according to wiki it will expire in 2030 in the United States.
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for Bruce Schneier!
Why a link to his blog, when all he says is boilerplate comment about the original article. Yeah, I know it's a PDF, but anyway. I believe does not need techniques like Roland's Piquepaile to get hits.
hmm maybe I should watch my back now, considering I have bad-mouthed Bruce Schneier... brb, unplugging my box from the netwoGAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAfldsfjadlkfw35r$@#%$ETW#TE%$T
Any good /.er can see that copyright is reaches way too far, but now what good is that doing us. The only way this can change is to break through the lobbying stranglehold that the content-producing cartels have on our legislatures. Short of that there isn't much that can be done other than just hope you aren't one caught by someone trolling for a lawsuit.
I got a catholic block.
Isn't this concept applicable to laws in general? How many of you think that you could drive to work without making a single violation? Hell, when was the last time you got on the highway and the majority of the traffic wasn't going at least 5 mph over the speed limit? And depending on what state you live in, you have varying laws that you most likely break every day. The law is getting so intricate that few people understand exactly what it entails anymore. Ideally, the law should be easily understood; written in the vernacular. We shouldn't need lawyers to translate it for us.
Does anyone even understand copyright on fonts?
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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.
Unfortunately, it wasn't an April Fool's joke.
Thanks,
The MAFIAA
My blog
O.K. if I encode the opening chords of Harrison's "My Sweet Lord" into a barcode and have it tatooed on my schlong, then sleep around, and then the RIAA comes after me, do I have a leg to stand on? Do I have a shot? Will they cut me off? Am I in violation? Can I be infected by a rootkit? Does taking viagra count as intent to mass distribute?
Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
Copyright is automatic, you do not need to register a piece in order to have copyright on it.
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.
"How to Do Nothing," kids activities, back in print!
The copyright act of 1976 basically dictates that, unlike previous copyright law, all new works are automatically covered by copyright law, and are afforded its protections. This means that all new original and derivative works are protected by copyright whether they are registered or not, and whether the owner chooses to enforce their rights or not.
-=Geoskd
I wish I had a good sig, but all the good ones are copyrighted
I'm guessing someone will raise the point of Fair Use, so I'll repost the comment I posted on Schneier's blog as to why that doesn't really help you any. Oh, and a bonus link to USC 17 (copyright law) so you can see that I'm not making this crap up. Mind you, IANAL, but you need one to make sense of that. Any layman can figure out where and how it does NOT make sense, though, which is why I encourage you all to read it.
-----
You guys realize that Fair Use is something you have to *prove in court* right? By the time you're proving that your use was fair, you're already on the hook for big money in legal fees.
And how many of the copyright rules do you know? Did you know that having a TV that's too large can be copyright infringement in some cases? You can rent console games that meet very specific requirements, but you can't rent PC software (I really have to wonder where the X-Box games fall, legally speaking, given that the X-Box is just a PC, but it doesn't seem like Microsoft cares to test it and they may still meet the statutory requirements).
Honestly, read USC 17 sometime. It's positively mind-boggling. We've got everything from international treaty created super-trademarks (the Olympics & Red Cross spring to mind), loads of crap meant to serve various lobbies, and so many screwball statutes that I don't understand at all.
Granted, IANAL, but I think that the average person would be surprised by just how many rules there are. And those are just the statutes!
God help you when you find out that, while "facts" aren't copyrighted, facts about a fictional work aren't really "facts" according to at least one court! That's right, the fact that Harry Potter attends Hogwarts may not be a "fact" per the law. So I might just have infringed upon Rowling's copyrights right there.
She won't sue, you say? Actually, she IS suing someone right now over that very issue because they want to publish an unauthorized encyclopedia...
Is it really Fair Use when there are so very many confusing rules you have to follow to maybe, hopefully be protected (with that assuming the courts decline to make a new precedent or extend existing law)?
Or to sum up this entire post, isn't it bad if we each need our own personal lawyer just to be able to *OBEY* the law?
Of course the same applies to copyright. The copyright laws have become so over reaching that everything we do on a daily basis could be construed as breaking a law, so if we displease the wrong person then they already have something to pin on us.
"I am the king of the Romans, and am superior to rules of grammar!"
-Sigismund, Holy Roman Emperor (1368-1437)
Theoretically, a copyright exists the moment a document is created, which is to say that if I have a half-written story somehwere which someone takes and finishes, I still have copyright to the original story and they have violated my copyright without including the section I wrote via attribution a.k.a. without my express consent. Now, copyright law was a lovely idea when the world was traversable in months, only a small fraction of the population could read and write, and everything was committed to paper, but the dawn on fast travel, the Internet, and digital media makes it iffy, because it requires much more effort to establish that a work is in fact yours to begin with and then the possibility a work gets onto the Internet will cause so many copies to be created that anything short of a global corporation is going to have the resources to sue everyone for infringement. The gist of the article is simple -- the old way of handling copyright (and by extension, intellectual property) is ineffectual at best.
GetOuttaMySpace - The Anti-Social Network
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.
/. comments?
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
Bastard Operator From 193.219.28.162
I respect Schneider, I am for copyright reform (but never expect to see it un the US so long as we remain a plutocracy with a more or less meaningless vote), yet I was disappointed. I should not have RTFA; I only did so because it was Schneider's blog, yet the entire post was in the slashdot summary.
I clicked on his link to the paper, and was disappionted to find a PDF. Google failed me when I made a cursory effort to find an HTML version.
The paper he links is itself incorrect in its very first page when it speaks of "the rights of owners and users of creative works." The US Constitution makes it quite clear that the "owners" of creative works are we, the people. The copyright holder is NOT the "owner". He has a "limited time" monopoly on publication, NOT "ownership".
When I've paid off my house, I will own it. I can pass it down to my decendants who can hand it down to theirs. My two registered copyrighted works, however, pass into the public domain after a rediculously long time.
When I see an inaccuracy in the very first page of a paper, especially a whopper like this, hat's as far as I read. Sorry.
-mcgrew
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
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
:)
The example has a number of things which either (1) are fair uses, (2) aren't infringements at all or (3) aren't subject to copyright at all.
For example, the cell phone snapshot that happened to capture a copyright picture in the background -- that's clearly fair use. Displaying your tattoo in public doesn't make it a "public display." The forwarded emails are probably subject to an implied license and, even if they weren't, they may not contain sufficient creative expression to be copyrightable. The rough drawing of an architectural building is not an infringement (see 17 U.S.C. 120(a)). Reading the e.e. cummings poem is probably also fair use, especially if each student has a textbook containing the poem.
Copyright law is generally *civil*, not criminal. In general, this means that a lot of wrongs are ignored by potential plaintiffs, just as a matter of tradition, convenience and politeness, just as they are with a lot of other civil wrongs -- nuisance, trespass, assault** (especially among children), etc..... Nobody goes around saying "Look at how many acts of trespass you committed today. We need to fix trespass law."
[Note: I agree that copyright law needs some reforms; the repeal of Sonny Bono would be a great start. I just don't find this example to be very persuasive.}
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.
-mcgrew
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
This is why I do not read blogs... because they are rife with poorly researched theses such as this.
The entire argument made in the excerpt is predicated upon completely ignoring 17 USC 1, Section 107, "Fair Use". Period.
TFA is not newsworthy material.
I know I shouldn't feed the anonymous cowards, but this is obviously a vast over-simplification. IP obviously has plenty of drawbacks--you suggest some of them--but nobody has come up with a better way to create incentives to put R&D into ventures which pay only IP rewards. For example, it costs billions of dollars to develop a new drug, but manufacturing drugs is incredibly easy. Everybody complains about the patent system for drugs, but nobody has come up with another system that would give sufficient incentives for a pharmaceutical company to invest billions in lab research and clinical testing of new drugs. A system without IP would not lead to innovation in pharmaceuticals; there's no way to recoup a billion-dollar investment if generic manufacturers could undercut the price of the drug from Day 1. No new drugs means none of the new drugs that have changed the lives of millions, from Lipitor to Prozac to Viagra.
The same goes, to some extent, for movies. It's true that it costs tens of millions of dollars to produce a movie. If there were absolutely no IP laws and commercial copyright infringement were allowed then nothing would stop ABC from showing a movie that was out in theaters and not paying the studio. Or for a theater to show the movie and not pay the studio. Or for cut-rate vendors to sell the movie openly on DVD the day it comes out in theaters. With absolutely NO IP protection then movies just won't get made.
There might be a better balancing point than what we're at now, but it's far from clear that "no IP" is the right solution.
simply trying to commercialize the fruits of mind, but since we depend on the free exchange of ideas, such laws hinder society and must be resisted
I would suggest that the current "limits" on copyrighted material doesn't fit the Constitutional definition of "limited". Would a "limit" of 200 years still be a "limit", how about 300, 400 or even 500 years?
... Happy Birthday was written by Patty Hill and Mildred J. Hill in 1893. The version as we know it was copyrighted in 1935 by the Summy Company as an arrangement by Preston Ware Orem, and is scheduled to expire in 2030 in the USA. The original "Good Morning to All" is public domain, as is the music.
If I were an enterprising young lawyer, I'd argue that once the congress extended the limits from their original standard, are in fact not limits what-so-ever. If we set limits so high that they no longer appear to be limits (you can only earn 1 trillion dollars per year), that they in fact are not limits.
Additionally, when the so-called limits stop the promotion of "the Progress of Science, and useful Arts", it no longer serves its purpose and again, is unconstitutional.
I wouldn't argue with Patents and Copyrights anymore, I'd deal with the Constitutionality of the existing laws.
Regarding Happy Birthday song
See the wiki at http://en.wikipedia.org/wiki/Happy_Birthday_to_You for more details.
My suggestion is to use my Bastardized version in public; "Hippy Bathday to Ewe" and let the lawyers figure that one out. Please feel free to use my version, especially for GNU parties.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
If the copyright is not registered you can only claim 'actual damages'. Emails typically have very little commercial value.
If the copyright is registered, you can claim actual damages + statutory damages.
IANAL but I've read the copyright myths page..
455fe10422ca29c4933f95052b792ab2
Tell that to Prince, who has issued a takedown for a photo of a fan's Prince tattoo.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Comment removed based on user account deletion
I also doubt wether it will stand up in court.
Someone stop me!
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
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
What do you expect really.
The entire idea that "I got here first, so I own it" is antiquated in the digital age. If someone can reproduce the steps you took to get there, someone will. The whole idea that the creator should continue to control their creation after it is released is just plain counter-productive. The separate issue of whether they should be compensated for their work is another matter entirely.
Then there's the fact that companies spend billions on marketing then try to sue if someone uses the image they intentionally made popular. How asinine is that!
What we need is a change to the law such that anyone may produce their own copies or derivatives once a work is made public BUT if they profit from a copy of someone else's creation, they must pay part (or all) of their revenue back to the copyright holder.
As it stands copyright law is based on an 18th Century world (or rather part of the world) and the unique conditions of that time and place. They don't belong here and now.
These posts express my own personal views, not those of my employer
a -
c -
e -
l -
n -
o - ó
s -
z -
z -
All those characters have been given as html entity of the form � Of them only the counterpart of "o" apears in Latin1 table, and consequently is the only one displayed. The rest of the characters disapears from the HTML source.
So, once again: no matter what your input method, if the character is latin1 plus arbitrary set of other characters, it is displayed by slashcode, otherwise, it gets filtered out from the source. Particularly, Latin2 cannot be displayed, and I suppose the same goes for Cyryllic.
Robert
Bastard Operator From 193.219.28.162
Other people have called you on the fact that you give us no reason to believe this, but I think I ought to call you on one more thing.
If Joe Tattoo Artist gives me, for appropriate compensation, a tattoo of Mickey Mouse, there are three parties involved here:
You fail to distinguish which of the parties Disney has or fails to have valid claims against. It is quite possible that Disney has no valid claim against me, but has a claim against Joe Tattoo Artist. If Joe offers tattoos of Mickey Mouse customarily as part of the services he gets paid for, and the popularity of Mickey Mouse makes his business that more profitable, I betcha Disney can go after Joe.
Can they go after me? Well, not in general, but I bet you there are circumstances where they can. If leverage the fact that I have a Mickey Mouse tattoo, e.g., by working as a model in a way that displays my Mickey Mouse tattoo too prominently, I bet you I can get in trouble too.
The law is subtle, and how it applies to any given case is a complicated matter. (And no, IANAL, but the fact that I understand this makes me better understand the value of the service that lawyers provide.)
Are you adequate?
Prince can tell someone to take something down. Likewise, they can tell Prince to sod off. It has nothing to do with copyright (aside from abuse-as-usual of the DMCA).
!#@%*)anks for hanging up the phone, dear.
I for one welcome our new patent overlords. So how many copyright billions am I liable for?
Science advances one funeral at a time- Max Planck
what we need is a porn star with a Mickey Mouse tattoo clearly visible in a video.
can I volunteer to do some research!
The neutrality of the above post is disputed.
You can't talk about Wikipedia's flaws on Wikipedia