From: John Howell <[email protected]>
Reply-To: <[email protected]>
Date: Sat, 10 Jul 2010 13:01:44 -0400
To: <[email protected]>
Subject: Re: [Finale] OT: Copyright and downloadable music

> If there IS a single problem, it's obviously the one we've all been
> aware of all the time:  the progress of technology has made new
> crimes not only possible but really, really EASY!

Copyright infringement is generally not a crime. There are criminal
penalties in the Copyright Statute, but they only apply in instances where
someone is clearly making a business of infringing-- the folks who steal
digital prints from studios, mass-press DVDs of films and sell them, for
example.

What we're talking about here (sharing mp3s on LimeWire, trading sheet music
on PianoFiles, etc.) is civil infringement. It's not even theft in the legal
sense. The Supreme Court has definitively ruled that copyright infringement
is infringement, not stealing or theft. Two entirely different things.

> But two wrongs still don't make a right, never have, never will.

So you believe that Rosa Parks should have just given up her seat?

I guess the question is how you view the law and whether you believe there
is ever a situation where a law is so obviously wrong on its face that
breaking it isn't a wrong in the first place.

> But some people get upset when they are actually TREATED as property.

Yep, just as some people get upset when animals and pets are treated as
property, even though they are just that under the law. Quite a few couples
have divorced and argued over who gets to keep the dog, only to have the
court order the dog sold and the proceeds split, as it would do with any
other disputed asset.

Sometimes the law and the human heart don't quite mesh.

> I also have to point out the confusion that comes from using the term
> "the artist's rights."

All sorts of scary stuff is happening in Europe under the umbrella of
"artists' rights". There's a proposal (don't know whether it's made it into
law yet) to give sculptors and painters the right of first refusal on sales
of their work. Under such a system, if you're lucky enough to buy a painting
from the next Picasso, early on in his career when he's unknown, and get the
painting for cheap, only to have it appreciate years later into the millions
due to the artist's fame, you can't sell it and recoup that investment
unless the artist lets you. He can buy it back from you at the price for
which he originally sold it. Fantastic, huh?


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