Selma wrote: dear Samir, I do believe in copyright but I don't believe that JoeGoaUk used the internet for "commercial purposes' and made money off his postings.?I also think we have to view this in light of the service that JoeGoaUk does provide, the video documenting and photographs he disseminates without any charge. Herald has often used his photographs without even given him credit for it, and he has not made a hue and?cry about it. He has provided his services free of cost when Rajan Parrikar needed documentary evidence of vagrancy around Panjim. To hang him out to dry now, is not being a good Goan. If tiatrists are being affected by his posting of their artistic imput then a simple private warning would have sufficed. Afterall, he is available on email even if he is an unknown entity. _____________________________________________________
I agree with Selma that JoeGoaUk did not use the internet for 'commercial purposes' etc etc... It is also true that Herald used his photographs without giving him credit etc. [Incidentally, he did make a huge hue and cry about it] However, we have a law, and laws are there for a purpose, and no one is above the law, no one including our friend JoeGoaUK. I dont think for a moment that Joe had ulterior or financial motives for the work he has done, But the fact remains that if a product is covered and registered under copyright laws, then it is imperative that the applicable fees are paid or in some cases, permission obtained from the holder of copyright. There are some exceptions that have to be considered, and I will come to that later. With such a lot of talk going on about copyright, I just wonder if anyone of the writers has personally experienced , or knows about the procedures for copyright registration in India. The procedures are very lengthy and long drawn. At times it takes a few years for the copyright to be registered in India. It is not an easy or simple process. It is not enough for a music producer to claim that his product is covered by copyright, as is the case with most of the music cd's available on the shelves in India. Further, can anyone say for sure that JoeGoaUK is actually copying a product covered under copyright, or is he doing a recording at a public performance? If he is recording at a public performance, he is within his legal rights to use a recorder and record the show. I do know of many organisers prohibiting the use of recorders at shows. If the prohibition is published on the ticket or pamphlet, it is valid, but in most cases, the organisers tend to use personal enforcers. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. Some of the exemptions are the uses of the work * for the purpose of research or private study, * for criticism or review, * for reporting current events, * in connection with judicial proceeding, * performance by an amateur club or society if the performance is given to a non-paying audience, and * the making of sound recordings of literary, dramatic or musical works under certain conditions. The above is actually an extract from the Copyright Act 1957. So you see, we can give our friend JoeGoaUK some leeway here!!! Rules can be bent and broken, but it is best in everyone's interest to abide by the rule of law. As for JoeGoaUK, my message to him is to be careful with what he does. One of these days he is going to be trapped, and he cannot hide under his annonymous guise because many people already know who he is. He is doing a great job, yeoman service for Goa, but that will not be enough to cover his back should someone decide to gun for him. Good luck JoeGoaUK: May there be many more clones of you in Goa. Goa needs you.
