I am a musician and composer. I created a work and licensed it.
It was distributed on a website. I can now publish it as a CD.
“The United Nations' World Intellectual Property Organization has called a last-minute meeting on June 21 in Barcelona, out of the normal diplomatic venues to try to ram through the Broadcasting Treaty. This treaty gives broadcasters (not creators or copyright holders) the right to tie up the use of audiovisual material for 50 years after broadcasting it, even if the programs are in the public domain, Creative Commons licensed, or not copyrightable.”
I wrote a digital book which a publisher once hosted.
I can save this to an archive or website for other folk to see?
Unclear. Copyright for the author of a book or artwork is far weaker than that for the publisher or distributor. The DMCA recommendations are written on behalf of large copyright holders. Authors, artists, scientists and musicians are not effectively protected from exploitation and disenfranchisement by publishing interests:
“We have very few exclusive rights that accrue to people on the basis of an investment, as opposed to on the basis of creativity. One of them is the investment in medical research. If you do original medical research you do get a monopoly over that research even though it is largely factual. But that monopoly lasts for six months. So what we are seeing is that the process of electromagnetically modulating creative common license video gives you more of a stake in it than conducting original medical research does when you've conducted original medical research, not just more but a hundred times more of a stake.”
I have developed a new way to mix music sounds from different source sound tracks.
Eric de Castro Lopo did:
“October 27th, 2002. Although I have maintained vsound for nearly three years, I can no longer do so, nor can I continue to make it available from this web site. I live in Australia which has a law (Digital Agenda Bill 2000) which is similar to the DCMA in the US in that it makes the distribution of a devices for circumventing copyright protection illegal. I have neither the time, money or inclination to make myself a possible target for such legal action by companies with endless legal and financial resources. However, vsound is probably available from other web sites. If you want a copy, you should search the web. Do not email me as I cannot and will not provide you with a copy.”
This was an open source project and so the technology is not lost, just lost to Australia.
If it was a proprietary project the same issue could result in loss of the know-how altogether. As DMCA laws are forced through in other nations, there are fewer places where new technologies can be safely developed. Wouldn't it be better if Australia could say it was one of those Clever Countries; a place where the ability to innovate is valued?
More artists take a stand against DRM
Tom Murphy, font designer develops a program to embed his own fonts
into documents and is threatened with DMCA court case for distributing it.
LinuxAU Petition and information