A Quote by Mark Twain
Whenever a copyright law is to be made or altered, then the idiots assemble.
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We established a regime that left creativity unregulated. Now it was unregulated because copyright law only covered "printing." Copyright law did not control derivative work. And copyright law granted this protection for the limited time of 14 years.
I think the reality is that copyright law has for a very long time been a tiny little part of American jurisprudence, far removed from traditional First Amendment jurisprudence, and that made sense before the Internet. Now there is an unavoidable link between First Amendment interests and the scope of copyright law. The legal system is recognizing for the first time the extraordinary expanse of copyright regulation and its regulation of ordinary free-speech activities.
Providing free access to research papers on websites like Sci-Hub breaks so-called copyright law that was made to taboo free distribution of information on the Internet. That includes music, movies, documentaries, books, and research articles. Not everyone agrees that copyright law should exist in the first place.
Copyright law has got to give up its obsession with 'the copy.' The law should not regulate 'copies' or 'modern reproductions' on their own. It should instead regulate uses--like public distributions of copies of copyrighted work--that connect directly to the economic incentive copyright law was intended to foster.
Unfortunately, nothing is ever that simple in copyright law, and when it comes to music copyright, it's especially convoluted.
Under the 1998 Digital Millennium Copyright Act, Tumblr, YouTube, Reddit, WordPress, and Facebook aren't responsible for the copyright infringement of each of their millions of users, so long as they take down specific posts, videos, or images when notified by copyright holders. But copyright holders thought that wasn't good enough.
In the first place, God made idiots. That was for practice. Then he made school boards.
The crystal ball has a question mark in its center. There are some fundamental choices to be made. We will either choose to continue to wage a hopeless war to preserve the existing architecture for copyright by upping the stakes and using better weapons to make sure that people respect it. If we do this, public support for copyright will continue to weaken, pushing creativity underground and producing a generation that is alienated from the copyright concept.
People can be teachers and idiots; they can be philosophers and idiots; they can be politicians and idiots... in fact I think they have to be... a genius can be an idiot. The world is largely run for and by idiots; it is no great handicap in life and in certain areas is actually a distinct advantage and even a prerequisite for advancement.
Copyright and Trademark are completely different things. Copyright prevents anyone from copying this article and posting it somewhere else. Copyright happens instantaneously the moment I write something down that is unique and from my brain. Trademarks are far more restrictive.
If someone has copyright over some piece of your stuff, you can sell it without permission from the copyright holder because the copyright holder can only control the 'first-sale.' The Supreme Court has recognized this doctrine since 1908.
Copyright law is too confusing.
Fair use is a part of United States copyright law. You don't know if it falls under fair use until you go to court. Someone has to sue you and then you have to challenge it.
Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes.
What I really think is that our current model of copyright is fundamentally broken. We badly need to replace it with a different system for remunerating creators, which gets it the hell out of the face of the public (who were never aware of it to begin with in the pre-internet dead tree era). Unfortunately, the current copyright model is enshrined in international trade treaty law, making it almost impossible to work around.
Anything illegal under Chinese law is, of course, not protected by copyright.
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