Posts Tagged ‘copyright’
Curse Of The Copyright Holders And Their Price-In Search Of Lawyers
By TONY WOODLIEF
‘Immature poets imitate; mature poets steal,” wrote T.S. Eliot. I am neither poet nor thief, so when I wanted poems at the start of each chapter in my recently published memoir, I sought permission. The poem that best describes my experience is “The Odyssey,” navigating as I did between the Scylla of non-responsive copyright holders and the Charybdis of fee-seeking attorneys.
Modern copyright practices spur artists to unmoor our work from what has inspired us. Artalong with many artists supposedly protected by these lawsis arguably poorer for it.
The modern copyright battle is more interesting than its associated legalities. Advocates of copyright restrictions found a bte noire in curmudgeonly novelist Mark Helprin, who argued that Congress should extend “the term of copyright . . . as far as it can throw.”
Opponents took this to mean perpetual copyright, which Mr. Helprin denies. In turn he accuses his vocal critic Lawrence Lessig, co-founder of Creative Commonsa nonprofit that encourages art sharing consistent with copyrightsof leading a movement to ravage Western civilization.
In reality, both sides agree with the premise embedded in the Constitution, which is that people ought not enjoy art without compensating the artist, any more than one can dine without paying the chef. They also recognize that while we want to give artists incentives, we don’t want the costs to be so high that art appreciationa difficult cultural attribute to re-establish once it is lost declines.
Mr. Lessig appears to win on the economics. Mr. Helprin claims injustice in the fact that the family of a factory owner can inherit his property through generations, while the family of a writer loses rights to his creations in a relatively short time. Mr. Lessig observes, however, that copyright holders don’t pay property taxes, which evens out financial returns over the course of a 95-year copyright.
But in dollar terms, some decisions by copyright holders, rather than optimize the artist’s revenue and distribution, insure the opposite. When I asked to use a single line by songwriter Joe Henry, for example, his record label’s parent company demanded $150 for every 7,500 copies of my book. Assuming I sell enough books to earn back my modest advance, this amounts to roughly 1.5% of my earnings, all for quoting eight words from one of Mr. Henry’s songs.
I love Joe Henry, but the price was too high. I replaced him with Shakespeare, whose work (depending on which edition you use) is in the public domain. Mr. Henry’s record label may differ, but it’s not clear that his interests or theirsare being served here. Were they concerned that readers might have their thirst for Mr. Henry’s music sated by that single lyric? Isn’t it more likely that his lyric would have enticed customers who otherwise wouldn’t have heard of him?
The copyright thicket is a growing frustration among writers and editors. One editor of a popular literary anthology (who asked to remain anonymous for fear of reprisals from publishers) confirmed that many publishers pursue illusory short-term profit at the expense of both profit and art. By demanding fees that most people won’t pay, they forsake free advertising for the artists they claim to protect. If restaurants behaved that way, not only would they deny you the right to take home leftovers to your dog, they’d try to charge you for smelling their food when you pass by.
Further, this editor noted that one reason literary anthologies and college-course syllabi have replaced classics with less edifying sources like newspaper articles and diaries is simply that major artists in the American literary canon are too expensive to procure en masse, if not totally off limits. The estates of William Faulkner and Ernest Hemingway have historically restricted which stories can be used in anthologies, which means that students often have a narrow exposure to two of our country’s finest writers.
For an idea of where this is all leading, note that the publishing world is being roiled by a controversy that erupted in the music industry several years ago, when musicians and record companies went after enterprises, like Napster, that facilitated music theft. It sounds noble enough, but it’s not clear this actually benefited artists.
Economists Koleman Strumpf and Felix Oberholzer-Gee found that while illegal downloads deprive musicians of rightful compensation, they also advertise the artists’ work to more people, many of whom subsequently go out and buy the music. The net result is revenue-neutral.
As a memoir author, I reached the height of frustration when I realized it was going to take heroic effort to use J.R.R. Tolkien’s “Bath Song,” which is controlled by a division of my own publisher’s parent company. Between that, and fee demands or non-responses from other publishers, I turned to my poet friends.
“Will you,” I asked them, “give me a poem in return for a book and dinner?” Now my book has some lovely poems by very fine poets most people don’t yet know.
So perhaps I shouldn’t complain. It’s hard to borrow work by recognized artists, but when one door closes, as they say, another door opens.
Still, I can’t help but wonder if major publishers might want to let economists, rather than copyright attorneys, govern their decisions in this area. If you agree, perhaps you might quote this essay to them. I’m sure we can work out a reasonable fee.
Mr. Woodlief’s memoir on fatherhood and marriage, “Somewhere More Holy,” was published by Zondervan in May.
“canadian Dmca” Legalizes Cd Ripping, Mashups, Backups
Canada’s long-awaited copyright modernization bill appeared today. If passed, it would explicitly legalize DVRs, YouTube mashups, backups, and parodiesand it would slap strong, US-style restrictions on bypassing DRM.
Forget fair dealing; as in the US, digital locks trump all.
The good, the bad, the ugly
Last time around, Canada’s tough attempt at reforming its copyright laws fell apart over widespread public anger. The country learned its lesson, eventually embarking on a lengthy public consultation process before trying again.
The product of those consultations dropped today in the form of Bill C-32 (read a leaked version). It provides a host of welcome changes to Canadian law and legalizes behavior that Canadians have been engaging in for years.
The highlights:
Time-shifting. It’s finally legal, though with an odd caveat: “the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time.” In other words, no long-term archiving. Also, no giving recordings away.
Format-shifting. Ripping CDsfinally, unambiguously legal! You need to own the original source material.
Backups. They’re now legal for all digital works, though you can’t bypass DRM to make one and the source must be a legitimate copy.
Statutory damage distinctions. Statutory damages now apply differently to non-commercial infringers and range from CAN$100 to CAN$5,000 in such cases. Commercial infringers can be hit with up to CAN$20,000 per infringement. Compare this to the US, where willful infringement can hit $150,000 even for noncommercial use.
Mashups. C-32 contains a section on “Non-commercial User-generated content” that makes mashups legal, even when they use copyrighted content. So long as they are noncommercial, mention the original creator (when “reasonable in the circumstances to do so”), and don’t have a “substantial adverse effect” on the market for the original work.
Temporary copies. The bill would legalize most temporary copies made by technical processes, such as caches and fleeting copies existing only in RAM.
Parody. Canada’s limited fair dealing rights get a boost, with named copyright exceptions for “research, private study, education, parody, or satire.”
When it comes to ISP liability, the bill skips the US “notice-and-takedown” model found in the DMCA. Instead, it codifies a “notice-and-notice” regime. If a rightsholder sends a copyright infringement letter to an ISP, the ISP does not need to take down or block access to that content; instead, the ISP need only forward the notice to the subscriber in question. This keeps the dispute over infringement between the two main parties, and keeps ISPs from getting involved.
The bill also ratchets up enforcement against P2P sites. “It is an infringement of copyright for a person to provide,” says the bill, “by means of the Internet or another digital network, a service that the person knows or should have known is designed primarily to enable acts of copyright infringement if an actual infringement of copyright occurs by means of the Internet or another digital network as a result of the use of that service.”
But the big new enforcement piece is the DMCA-style DRM provisions. Bypassing DRM won’t be allowed except in a few narrow cases. Just as in the US, the bill makes no exception for legal uses; DRM trumps fair dealing. Circumvention software and devices would also become illegal to sell or distribute.
It’s this provision that incenses copyright critics like law professor Michael Geist, who otherwise has a positive take on the bill.
“In other words, in the battle between two sets of property rights – those of the intellectual property rights holder and those of the consumer who has purchased the tangible or intangible property – the IP rights holder always wins,” he writes.
“This represents market intervention for a particular business model by a government supposedly committed to the free market and it means that the existing fair dealing rights (including research, private study, news reporting, criticism, and review) and the proposed new rights (parody, satire, education, time shifting, format shifting, backup copies) all cease to function effectively so long as the rights holder places a digital lock on their content or device. “
The bill remains open to amendment as it moves through the legislative sausage grinder. Canadians who care about these issues would be well-advised to contact their MPs quickly, perhaps noting that ratifying the 1996 WIPO Internet Treaties (one big goal of C-32) does not actually require this sort of approach to DRM.
Fox News, Rupert Murdoch All Pirates
Fox News, a prominent media outlet owned by copyright evangelist Rupert Murdoch, is blatantly infringing on the rights of an individual photographer. The irony, or hypocrisy, is that Murdoch himself is going after Google, the BBC and many other companies that he believes are infringing on the rights of his news empire.
Copyright is a double edged sword, and those who sharpen one side often get cut by the other. Two weeks ago we reported that the gadget blog Gizmodo was going after bloggers who copied their work without permission, while they were stealing from photographers themselves.
Now, one of the photographers has written in again, pointing us to a photo gallery of the Icelandic volcano eruption last month that was published on Fox News. Like Gizmodo, Fox News is also exploiting the work of Flickr user Orvatli without permission. This clearly violates his copyrights and rvar is not pleased, to say the least.
This was a once in a lifetime photo session for me and these big media companies are ruining the value of my images by publishing them. Each time the image gets published their value decreases, rvar told TorrentFreak. Publishers generally want unique and unpublished images on their media so a rarely or unpublished image has higher value than those everybody has seen, he added.
As with Gizmodo, rvar sent an invoice to Fox News to get paid for his work. Although Gizmodo eventually paid half of his standard fee after he kept complaining, Fox News is not responding to his inquiries at all. Fox News is obviously not living up to its Fair & Balanced tagline.
Now, we probably wouldnt have covered this issue if Fox News wasnt owned by Rupert Murdoch. The multi-media tycoon is a known copyright evangelist who accuses Google and other search engines of copyright infringement for indexing the websites of his newspapers.
Murdochs News Corp. outfit also owns the film studio 20th Century Fox, an MPAA member that has launched several lawsuits against against torrent sites, including The Pirate Bay. It seems that Murdoch has a double standard when it comes to copyright infringement. Apparently its not that bad if hes the one making money from it.