On Tuesday 29 June 2010 15:18:04 Mark Knecht wrote:
Well, I am no lawyer but I am told the DMCA has a "safe harbor" provision and
that google complies with that and so is not breaking the law.
Imagine there was no safe harbor provision for the real world. I come along
and post the lyrics and music (think fake book) to a song in a super market
on the cork board. The folks representing the songwriters come along and sue
the supermarket. For who knows what it is these days? $150,000.00?
Now imagine I post them on a tree in your front lawn one day and they see it
there and sue you.
Possibly, but it might be worth looking for nuances.
> I actually think it's very
Sure, but which ones? Those doing art that no one appreciates? Who decides? It
is possible that heavy handed collection activities from places playing live
music is hurting more small time musicians that it would ever help.
> Once we start bringing
Since I write lyrics and don't ever see myself playing live, I feel you from
the heart on that. There is a but though.
My problem is that I think the laws are way over the top already. The civil
side and the criminal side. One the civil side there are huge fines, no need
for proof beyond a reasonable doubt, statutory damages and so no need to
prove actual damages. On the criminal side, in my country, fairly serious
jail time, so I am told, for simple possession of a non-legit CD or DVD for
All of that but it is supposedly still not enough to "protect" the artists.
They need "new laws to better protect them. Worse laws for everyone else,
abusive laws. Crazy laws.
I am sorry, if the only way we can "protect" the artists is to ruin our free
society then the price is too high. The artists just need to find a new path.
I am not sure I believe that is the only way we can protect artists, but the
ones making noise and being listened to say so.
Three strikes and you're out? When a strike is just being accused of a
copyright violation? Really?
All of this being said, I do think it is important that people who would like
to make a living from their art and are good enough to do so, find ways to do
so. And it is important for those of us who like the art being made by such
people to help in finding those ways.
However, those that are currently depending on the new laws to "protect" the
artists game can't count on much support from me. Those trying the money with
Freedom play can count on all the support I can muster if I like their stuff
and likely some support even if I don't like their stuff.
And finally, people like ASCAP and BMI could learn to play a nuanced game and
coexist and perhaps thrive with Freely licensed music. They could even
represent songwriters putting their works under licenses like Creative
Commons BY-SA or perhaps even BY. And still perhaps collect for such uses.
(Anyone from those organizations wanting to know how are free to contact me. I
was actually trying to find out from BMI if a BMI songwriter could use cc
BY-SA as a license but could not get and answer. I think because we never
actually understood one another.)
all the best,
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