| With all the
lawsuits about copyrighted files, I think some would like to know a bit more
about copyrights. What are they, why do they exist, and should they exist.
Allegedly, the copyright laws are supposed to exist to
encourage the creation of original work(s), and to protect the
creator of original works, from having someone else sell it as their own.
Also, it gave the creator the right to make copies of their own works, to
publish them, and in most ways, to control how these works were used.
SO MUCH FOR THE FAIRY TALE!
What was the world like before Copyright laws?
Well, it wasn't a lawless place where authors, sculptors,
songwriters, poets, etc., were kept from creating original works, nor were
they constantly having to fight people who were "ripping their works off ".
Think about it for a second. Were there copyright laws when DaVinci was
alive, when Aristotle was orating, when Plato was giving his Dialogs? No,
and yet, their works were created, they became famous, and all without the
umbrella of "copyright protection".
So, how did Copyright Law come to be? Well, it was
generated as the result of two of the most important driving forces in
Western civilization, namely, big business and its greed to monopolize and
make profits, and governmental greed to more power and attempts to quash
freedom.
Our Copyright Laws were modeled on those of
England. The history of Copyright Law in England begins with the printers
and their desire to monopolize and control the printing of books. At the
same time, the English monarch, was interested in controlling free speech.
Both interests came together with the establishment of so-called "copyright
laws" or "the right to make copies law". A very good short history of
copyright is found at :
http://artnetweb.com/iola/journal/history/1994/copyright.html#Heading3
The first modern copyright law was passed in England in
1709 CE
called the "Statute of 8 Anne". Antecedent to this year, governments and the
royals rewarded people with exclusive monopolies because they
recognized that printing, unless controlled, was a threat to their rule.In
1556 , Queen Mary I granted a charter to the Stationers Company, a guild of
printers, with the right to burn prohibited books and jail the
publishers. I KNOW the RIAA wish they were alive back then ! The Stationers
began compiling records of the books which were approved by the
royal censors and that entry began to be seen as the printer's (not the
author's) exclusive right over the book. Here, we see the entry of the same
situation of the record labels and their taking over of songwriter's
copyright as their own.
Thus, we see that American copyright law, as a bastard
child of English copyright law, was rooted in the dual purposes of the
desire to quash free speech, and the greed of big business wanting to gain a
monopoly over the creative works of individuals.
COPYRIGHT LAW UNDER WIPO INFLUENCE BECOMES A
MALIGNANT MONSTER
There appears to be a very concerning thing that is happening here in 21st
century America. There are certain globalist influences who seem determined
to take us back two and a half centuries. The American revolution was fought
to extract us from being under the thumb of European influence and control.
But now, things are happening which demonstrate that certain people and
groups are wanting to put us right back under those thumbs. Ruth Bader
Ginsburg, in a recent Supreme Court decisions about the Constitutionality of
a Texas law, used European law as a precedent upon which to decide the case.
But, in the most flagrant example of the globalization movement, here in
America, even though we had a perfectly serviceable Copyright Law that was
working reasonably well, the United States Congress did a Title 17
implementation of a European copyright law, namely, a clone of the WIPO
(World Intellectual Property Organization) copyright guidelines, and this
became the Act which has enabled the RIAA to run roughshod over rights and
file hundreds of lawsuits against citizens. Said act is the Digital
Millennium Copyright Act, or DMCA.
THE LIMITATION OF OF FIRST SALE
Under the doctrine of first sale, there is a limitation of copyright
holder's rights. At the point his or her, product(s) or work(s) enters
the public sector and is sold, the limitation of first sale is that, once
someone buys a book or a record, the copyright holder loses some control
over what the buyer can do with the work. For example, I buy a new book. I
read it, but don't want to keep it. I can hold a garage sale and sell the
book. The copyright holder cannot call me up and tell me that I cannot sell
the book. This has traditionally also applied to things like videotapes that
you purchase, vinyl records, and even CDs.
But, something very insidious is happening. Back in
the 1990s, the RIAA tried to get courts to say that you couldn't resell your
CDs, and I believe, tried to get laws passed to say that as well.
They were unsuccessful, in large part, based on the limitation of first
sale. But now, with digital files , it appears they are trying to
assert that there is no limitation of first sale, because,
when you buy a music CD, you don't really purchase the music, they (the RIAA
/ labels) just "license" it to you, much in the way software is licensed to
you, meaning, you are allowed to use the product for an indefinite period,
but you do not own it. And thus, if you never really purchased the music,
only the CD as a physical media to carry the music on, you merely bought the
media, not the message , not the music.
Not long ago, someone
tried to sell a song they bought on iTUNES for 99 cents, on eBAY. Well,
after bids were made on it, eBAY pulled the item offline saying it violated
some of their rules. The reason the person offering the tune did it, was to
test this idea whether or not, you had the ability to resell a downloaded
music file. He was not able to do it.
It is very clear
that the RIAA and its labels is using this "pay for license model" because
of the way they are fighting the resale right at the US Copyright
Department.
http://www.copyright.gov/reports/studies/dmca/testimony/summ08.pdf
"I. The First Sale Doctrine Should Not Be Expanded
To Digital Transmissions. If Congress were to extend the exemption in
Section 109 of the Copyright Act to the distribution right in Section 106(3)
of the Act for digital transmissions of musical works, as was proposed by
the Digital Media Association ("DiMA") and the Home Recording Rights
Coalition ("HRRC"), and also proposed in Section 4 of H.R. 3048, 105th Cong.
1st Sess. (1997), a serious problem could arise because several exclusive
rights in Section 106 are implicated by digital transmissions. BMI is
concerned that such an exemption would be claimed by users to cover all
other copyright rights in the "exempt" transmissions, including the right of
public performance. Because this problem would be averted by leaving the
section unchanged, BMI does not support an expansion of the first sale
doctrine."
So, when you buy a music CD, the way they (the labels/RIAA)
see it, you are just kind of renting the music. You don't have the right to
copy the music to another CD, you don't have the right to rip the CD to MP3
files, you don't have the right to lend the CD to a friend, and on and on.
If you don't believe this, just write the RIAA and ask them , according to
their view, if you buy a CD, do you have the right to lend that CD to a
friend of yours for a week and let him listen to it and do what he wants
with it. See what they say !
- to be continued-
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