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This does not constitute legal advice.

U

unisprise

Member
DISCLAIMER: I am not a lawyer, and none of my responses or writings should constitute legal advice or representation. I do not desire to represent anyone, or to do legal work, as I'm not allowed to, not being a lawyer.

That being covered, I am notwithstanding being a law student, a human being, and am very interested in the whole field of intellectual property. I know the most about copyright, from both an american and international perspective. Most people I know have a skewed and vague understanding of what copyright is, what it does, what it's supposed to do, and how it applies to them. Recently the file-sharing lawsuits, both against file sharing applications, and individual end users, has brought copyright infringement into the mainstream, and I'd like to see a greater understanding publically.

Since there are quite a few programmers, pirates, and people who on a whole add to the creative product of our society here at AT, I would like to see what the community knows, how much it cares, and what it's confused about in the realm of copyright.

I will try to respond to as many questions as I can, in topic. This means keep private messages to a minimum, and if you have an interesting question you just have to pm me about, I will feel free to repost it in the forum.
 
Somewhat related... what about slander and defamation?

If I provide a site in which people can post messages that can defame businesses, how much of that will I be liable for, provided that I don't edit any of the responses?
 
I only care about the rights i retain for my original photography. How important is it to register the copyright with the Library of Congress?
 
what is your stance on computer-people marriages? I think they should be legalized with the caveat that upgrades do not constitute infidelity.
 
Ok. first message, first reply. My stance on copyright is to be the subject of countless papers, books, trials, and will constantly evolve. therefore putting it down on a message board would at once be daunting, confusing, and pointless. An important basis of my position is that copyright involves a balancing act between the interests of the individual author, and the interest of society as a whole. I think that the Motion picture, and Music industry are pushing the balance dangerously too far toward the interest of the individual over the value of expression to society.
 
Somewhat related... what about slander and defamation?

If I provide a site in which people can post messages that can defame businesses, how much of that will I be liable for, provided that I don't edit any of the responses?

this is somewhat related- and internet law is becoming a very important and lucrative area- so I'll respond to you privately, I want to keep the scope of the forum reasonable, and answering not-copyright questions in it would overwhelm me. I'll get you some non-advice tomorrow afternoon, probably. (good review for my internet class)
 
Originally posted by: unisprise
Ok. first message, first reply. My stance on copyright is to be the subject of countless papers, books, trials, and will constantly evolve. therefore putting it down on a message board would at once be daunting, confusing, and pointless. An important basis of my position is that copyright involves a balancing act between the interests of the individual author, and the interest of society as a whole. I think that the Motion picture, and Music industry are pushing the balance dangerously too far toward the interest of the individual over the value of expression to society.
Click to expand...

Well, as little as I know about ACTUAL copyright law, I think you'll find that to be the general position of most ATers. Not many people see no benefit in copyright law, but most people seem to agree that the **AA's are not acting reasonably (as I do).

It seems to me that they are attempting to legislate their monopoly back into existance.
 
I only care about the rights i retain for my original photography. How important is it to register the copyright with the Library of Congress?

Registration is important for protection of your rights. Your rights are created at fixation- that is the point when your expression becomes fixated in a physical object. This makes many people downplay the importance of registration. Registration is important when you are protecting your rights, as the first thing any attorney worth his salt (or sulphur 😉 will ask is if you have registered your work. Registration not only creates a presumption in your favor that you are the creator of this expression that your copyright protects, but it also makes various remedies available to you. Cash money, what. You are limited in your damages if your work is not registered, and in fact you cannot bring suit to get an injunction to stop infringing uses, or claim damages, until your work is registered. Further statutory damages are available if you registered the work before the infringement, and these are very very good, since in many cases it is difficult, if not impossible to prove your actual damages, or the profits of the infringer.

Also, you can register many photographs on one form, and the fee is relatively inexpensive for registration, compared to the benefits it confers.
 
what is your stance on computer-people marriages? I think they should be legalized with the caveat that upgrades do not constitute infidelity.

hey, as long as my hardware is compatible with her software, if you get my drift....
 
back to the **AA's , then off for the night.

The point of copyright law, historically has been to regulate the industries of expression, by creating a false scarcity. the practice before copyright law was that publishers ( of books back then ) would wait until someone else put out a hit book, then copy it. This is economically inefficient, and copyright was a means of giving publishers an incentive to seek out fresh blood, constantly, rather than resort to lich like behavior, feeding off of their own kind.
 
oh, the point of that, the law was not designed to focus on the end user, it was designed to work against piracy, bootlegging and the such. I think we all know what bootleggers are. I personally have never bought from them.
 
Originally posted by: unisprise
Also, you can register many photographs on one form, and the fee is relatively inexpensive for registration, compared to the benefits it confers.
Click to expand...

The rest is pretty much what i've been told. Thanks.

This part though, if i were to put more than one collection on a DVD, and sent it in to the Library, would i only have to pay $30 for that one DVD, or for each collection? Do i have to include contact sheets?

(not sure if you can answer these, just thought i'd ask).
 
Originally posted by: unisprise
what is your stance on computer-people marriages? I think they should be legalized with the caveat that upgrades do not constitute infidelity.

hey, as long as my hardware is compatible with her software, if you get my drift....
Click to expand...

Ok, this fellow obviously knows what he's talking about.
 
Originally posted by: unisprise
Ok. first message, first reply. My stance on copyright is to be the subject of countless papers, books, trials, and will constantly evolve. therefore putting it down on a message board would at once be daunting, confusing, and pointless. An important basis of my position is that copyright involves a balancing act between the interests of the individual author, and the interest of society as a whole. I think that the Motion picture, and Music industry are pushing the balance dangerously too far toward the interest of the individual over the value of expression to society.
Click to expand...

Ok, if you only think that the RIAA and the MPAA are "pushing the balance dangerously too far toward the interest of the individual" then you should read some books. As far as the important basis of your position, that's the general guiding principle behind intellectual property, not some enlightened position.

You sound like you've taken one class and are bragging. Have any practical experience in IP yet? Where are you in school so we can better judge the quality of the instruction you're receiving?
 
Originally posted by: blahblah99
Somewhat related... what about slander and defamation?

If I provide a site in which people can post messages that can defame businesses, how much of that will I be liable for, provided that I don't edit any of the responses?
Click to expand...

Do you know what defame means?

If consumers are posting bad reviews of products and services, that is not defamation.

In laymen's terms, defamation is lying through your teeth, knowing you are doing so, and telling enough people that it becomes public knowledge.

On that basis, I'd say that there are very, very few websites that can be construed as defamation.
 


Ok, if you only think that the RIAA and the MPAA are "pushing the balance dangerously too far toward the interest of the individual" then you should read some books. As far as the important basis of your position, that's the general guiding principle behind intellectual property, not some enlightened position.

You sound like you've taken one class and are bragging. Have any practical experience in IP yet? Where are you in school so we can better judge the quality of the instruction you're receiving?[/quote]

hell, bragging is the american way of life. I, like socrates, do not claim to know anything. anyone who does is a fool. so, when I express myself, I cushion it with phrases like, I think, in my opinion, etc. I try to put out my ideas without being absolutely rabid in my fanaticism. actually, it may help to put out my public information, since I really have no fear of doing so.

I go to albany law school, and I am a second year student. i have studied internationally at Mcgill, for international intellectual property. I recieved an A+ in my copyright class (now that IIIISSS bragging) and I'm currently writing a paper on examining the chinese copyright system as a microcosm of their governmental and legislative structure.
 
oh, and what perchance books should I read, I'd be glad to embrace more knowledge....
as they say.... a man who does not read is no better off than a man who cannot read.
 
Is Disney in league with the devil, and if so, are the Disney characters really just minions of Satan? This is important as my 4 year old daughter is going through a phase where everything she wants, from school bags to t-shirts to birthday decorations, has to be one of the Disney princesses. I'm wondering if it's time to cut her off from these harlots of hell.
 
Can you write my thesis for me? It's about performing rights societies, blanket licensing and antitrust issues 🙂
 
collaboration only my friend.... - good topic though! - bmi- price fixing exception where a new product is being created ( increasing competition ) and restraint of trade is necessary...
 
rather than disney being in league with the devil, i believe they hired him as their ceo. more efficient.
I'm not sure how she'd react to public domain hans christian anderson princess shirts though....
 
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