Posts Tagged ‘Fair Use’

Politicians, Copyright and ‘Fair Use’

It depends on what meaning of the word 'is' is.

Every political cycle there are ads on TV and there are increasing ads on the internet, all of these ads have music of one sort or another. Some campaign ads use original jingles while others use copyrighted material from other artists (usually famous ones.) In the case of the latter, the song might be unchanged or edited for political effect. In either case, the original song is readily apparent. The problem with using artist’s songs is that you have to pay to use them, or get permission. Ironically, the same politicians who will back the RIAA’s overreaching copyright claims are stealing artists’ songs for their own personal gain.

Of course, they claim it’s ‘fair use’, but is it really? Recently Chuck DeVore was sued by Don Henley because he was using Henley’s songs in campaign ads. He claimed ‘fair use’ because he was using parody, but the judge didn’t think that the ‘parody’ or ‘fair use’ exemptions to copyright applied in this case, so Don Henley won his case. This isn’t just Chuck DeVore, every campaign cycle these charges come up against a number of politicians and usually get handled pretty quick. Either through paying for the song, getting permission, or taking down the ad. The issue is it should not be happening at all. Artists do have a right to be paid for their work.

That ruling against Devore supports my opinion that if a politicians chooses to use a song in ads, they either have to pay for it, or get permission to use it. Its not ‘fair use’ because they are looking to personally profit from it. What really irritates me is that they claim innocence when doing this, but they’ll back the music or movie industry when they go after people for legitimate fair use. Politicians need to start walking the walk on this issue.

I’m not going to hold my breath.

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New Canadian copyright law incoming…

What is this 'hyperbole' of which you speak?

Actually, it isn’t that bad, albeit with one big exception. It DEFINITELY cleans up some antiquated law to make it somewhat relevant in an age where leeches are no longer considered medicinal. If you would like to read the document in its entirety, knock yourself out.

-Owning and using a DVR would now be recognized as perfectly legal under Canadian law. This comes with a vague and frankly unenforceable caveat, however :

"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."

-So long as you own the original source material, ripping CD’s and format shifting in general would also be legal. No longer would you be committing a crime against Canadian copyright standards when you transfer music to your mp3 player.

Now, this brings something else up…if format shifting is now legal, why doesn’t there seem to be ANYTHING in here about getting rid of the levy that slaps a surcharge on blank media to cover for ‘lost sales’ as a result of blank media purchases? On the one hand we’re paying for lost sales due to illegal format shifts…and on the other we’re being told that said format shifts are permissible?

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The value of ‘Fair Use’

Naughty naughty!

Piracy ruins the economy! You’ve heard it from the RIAA, the MPAA, Senators, Congressmen and the news media. Industry funded studies claiming piracy impact numbers of  thousands of jobs and billions of dollars lost every year. However, a report (PDF) released a few weeks ago by the Government Accountability Office (GAO) has thrown those wild numbers out the door, basically saying that there is no real way to definitively quantify the impact of piracy. It has always been claimed by these industry reports that piracy has costs thousands of jobs every year, billions of dollars lost, and the economy gets damaged because of it. For example, if someone pirates a $60 video game or $20 CD or DVD, that doesn’t necessarily mean that money isn’t being spent elsewhere in the economy. It also calls out the previous ‘studies’ that the RIAA, MPAA, etc have been using saying that the model used to come up with industry supporting numbers has serious flaws. Something pretty much everybody else has known for awhile, but we don’t have lobbyists.

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