Re: [ARSCLIST] New U.S. Copyright Laws

[Mike Richter <mrichter@xxxxxxx>]

Marcos Sueiro wrote:
> Very interesting.
>
> In today's fluid world of digital media, sometimes I see two possible 
> future outcomes: either doing away with copyright altogether, or an 
> enforcement of intellectual property rights that will amount to a sort 
> of "copyright police state." Could make a good science-fiction book.
>
> Marcos

It appears that the greatest threat is enforcement by self-censorship. 
The second is that blatant disregard will spread from incidental 
violation to wholesale disrespect. Now, I'll agree that the law as it 
stands now is worthy of little more than contempt, but when that is made 
obvious action is all but inevitable.

At some point, UCSB will realize that their posting of cylinders relies 
on rational interpretation of law. Given the recent finding by the New 
York Supreme Court, the 1923 'rule' does not apply. I'm sure no one will 
complain at their posting pre-1924 recordings as out of copyright, but 
when their own attorneys realize how the law has devolved, they will 
pull the plug.

Action is taken against gross violators when they can be found, but that 
applies to counterfeits of current films and CDs. An occasional 
cease-and-desist letter can be expected, often with substantial 
publicity for publicity, not for penalty.

Small-time copyright violation will go unnoticed especially if it is 
short-term and does nothing to bring global attention to itself. 
Currently in the field of classical vocal music, rights are being 
trampled wholesale with a sort of competition among collectors for 
infringing videos on YouTube and in podcasts. Those sites try to 
transfer responsibility back to the perpetrators, but they are 
participants in the 'criminal acts' and will be suppressed with the 
actual violators.

It is not uncommon to find a clip on YouTube recorded from the audience 
and posted without regard to anyone's rights. One example is
  http://www.youtube.com/watch?v=4T5qNIIrcng
Using keyword opera, one finds many copies of a clip from a program of 
the Toelzer Saengerknaben and many more of various treatments of Phantom 
of the Opera. I think it's safe to say that no one has cleared rights 
for any of those - and that eventually Webber or his publisher will take 
action.

Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/