EFF Gwen Hinze on the risks of a WIPO Broadcasting Treaty
EFF and a diverse group of public interest NGOs, libraries and major U.S. tech industry players continue to oppose the current treaty draft because it's not limited to signal protection, but would instead create a new layer of exclusive intellectual property rights for broadcasters and cablecasters that would harm access to knowledge and consumers' existing rights under national copyright law, endanger citizen broadcasting on the Internet, raise competition policy concerns and stifle technological innovation.
Tuesday, November 11, 2008
Sunday, November 09, 2008
Why I copyfight by Cory Doctorow
Why I copyfight Cory Doctorow
An extract :
Indeed, copyists are busily building an elaborate ethos of what can and can't be shared, and with whom, and under what circumstances. They join private sharing circles, argue norms among themselves, and in word and deed create a plethora of "para-copyrights" that reflect a cultural understanding of what they're meant to be doing.
The tragedy is that these para-copyrights have almost nothing in common with actual copyright law. No matter how hard you adhere to them, you're probably breaking the law — so if you're in making anime music videos (videos for pop music made by cleverly splicing together clips of anime movies — google for "amv" to see examples), you can abide by all the rules of your group about not showing them to outsiders and only using certain sources for music and video, but you're still committing millions of dollars' worth of infringement every time you sit down to your keyboard.
It's not surprising that para-copyright and copyright don't have much to say to one another. After all, copyright regulates what giant companies do with each other. Para-copyright regulates what individuals do with each other in a cultural settings. Why be surprised that these rulesets are so disjointed?
It's entirely possible that there's a detente to be reached between the copyists and the copyright holders: a set of rules that only try to encompass "culture" and not "industry." But the only way to bring copyists to the table is to stop insisting that all unauthorized copying is theft and a
crime and wrong. People who know that copying is simple, good, and beneficial hear that and assume that you're either talking nonsense or that you're talking about someone else.
An extract :
Indeed, copyists are busily building an elaborate ethos of what can and can't be shared, and with whom, and under what circumstances. They join private sharing circles, argue norms among themselves, and in word and deed create a plethora of "para-copyrights" that reflect a cultural understanding of what they're meant to be doing.
The tragedy is that these para-copyrights have almost nothing in common with actual copyright law. No matter how hard you adhere to them, you're probably breaking the law — so if you're in making anime music videos (videos for pop music made by cleverly splicing together clips of anime movies — google for "amv" to see examples), you can abide by all the rules of your group about not showing them to outsiders and only using certain sources for music and video, but you're still committing millions of dollars' worth of infringement every time you sit down to your keyboard.
It's not surprising that para-copyright and copyright don't have much to say to one another. After all, copyright regulates what giant companies do with each other. Para-copyright regulates what individuals do with each other in a cultural settings. Why be surprised that these rulesets are so disjointed?
It's entirely possible that there's a detente to be reached between the copyists and the copyright holders: a set of rules that only try to encompass "culture" and not "industry." But the only way to bring copyists to the table is to stop insisting that all unauthorized copying is theft and a
crime and wrong. People who know that copying is simple, good, and beneficial hear that and assume that you're either talking nonsense or that you're talking about someone else.
Friday, November 07, 2008
KEI on Copyright and accessibility at WIPO
KEI Statement on SCCR future work
KEI supports work on copyright limitations and exceptions. Like many others, we think that access for disabled persons should be given priority. The World Blind Union (WBU) has petitioned WIPO consistently on this topic since 2002, at SCCR 7. It is time to address the human rights of disabled persons.
asks the SCCR to remove the broadcasting treaty from the agenda until such time as there is greater consensus over the purpose of the treaty.
Piracy of broadcasts is already illegal under numerous treaties, including those that deal with copyright, or regulatory policy. If new economic rights are created for cable and satellite television channels, there will be a huge concentration of rights in a handful of corporations, at the expense of consumers and creative communities.
KEI suggests the SCCR broaden its program on the issue of performers. The SCCR might gather data and statistics on the distribution of income from performances, or ask the Secretariat to commission a study on the factors that influence the distribution of revenues to performers. This should also fruitfully consider the types of alternative remuneration schemes referred to by the IMMF, considering the possibility that there are limits to the enforcement of exclusive rights.
The orphan works element of the EU proposal could be included in the agenda item for limitations and exceptions.
KEI supports work on copyright limitations and exceptions. Like many others, we think that access for disabled persons should be given priority. The World Blind Union (WBU) has petitioned WIPO consistently on this topic since 2002, at SCCR 7. It is time to address the human rights of disabled persons.
asks the SCCR to remove the broadcasting treaty from the agenda until such time as there is greater consensus over the purpose of the treaty.
Piracy of broadcasts is already illegal under numerous treaties, including those that deal with copyright, or regulatory policy. If new economic rights are created for cable and satellite television channels, there will be a huge concentration of rights in a handful of corporations, at the expense of consumers and creative communities.
KEI suggests the SCCR broaden its program on the issue of performers. The SCCR might gather data and statistics on the distribution of income from performances, or ask the Secretariat to commission a study on the factors that influence the distribution of revenues to performers. This should also fruitfully consider the types of alternative remuneration schemes referred to by the IMMF, considering the possibility that there are limits to the enforcement of exclusive rights.
The orphan works element of the EU proposal could be included in the agenda item for limitations and exceptions.
Saturday, November 01, 2008
Action needed to expand exceptions and limitations to copyright law,
Action needed to expand exceptions and limitations to copyright law by Gwen Hinze (July 2008) Third world network
These discussions flowed from three proposals to give access to the most vulnerable or socially submitted to WIPO by the government of Chile at prioritized sectors.
A paper looking at international negotiations for exemptions and limitations:
1. Identification, from the national intellectual property systems of WIPO Member States, of national models and practices concerning exceptions and limitations.
2. Analysis of the exceptions and limitations needed to promote creation and innovation and the dissemination of developments stemming therefrom.
3. Establishment of agreement on exceptions and limitations for purposes of public interest that must be envisaged as a minimum in all national legislations for the benefit of the community.
These discussions flowed from three proposals to give access to the most vulnerable or socially submitted to WIPO by the government of Chile at prioritized sectors.
A paper looking at international negotiations for exemptions and limitations:
1. Identification, from the national intellectual property systems of WIPO Member States, of national models and practices concerning exceptions and limitations.
2. Analysis of the exceptions and limitations needed to promote creation and innovation and the dissemination of developments stemming therefrom.
3. Establishment of agreement on exceptions and limitations for purposes of public interest that must be envisaged as a minimum in all national legislations for the benefit of the community.
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