Copyfascism Watch : copyright

Copyright in Hitler's Globe

aheram — Fri, 02 Jan 2009 16:43:00 GMT

Tom Cruise May Face Legal Action Over Hitler Globe reports that the collector who bought the famous "Hitler's globe" may sue for use of a likeness of the globe in Cruise's recent film Valkyrie, "the thriller about a real-life plot to assassinate Hitler." The article reports that in "2007, Pritikin paid $100,000 for the globe and had its likeness copyrighted to keep it from being used in propaganda by sick neo-Nazi groups." Whew, what a relief!

How is it even possible to copyright something you did not create, but purchased?

Is Copyright Infringement Theft?

aheram — Thu, 22 May 2008 21:17:00 GMT

One of the hardest things to swallow for me is the concept that every single copyright infringement is somehow akin to theft. The copyright infringer usually expends his own resources and utilizes his own labor to produce a product that is similar or sometimes nearly identical (a copy) to an original work. There was no illegal transfer of resources from the copyright holder to the infringer. The only transfer that occurs is one of an idea or concept that is copied and made tangible. And I am of mind that ideas are not owned by anyone. People originate them, but they can never own them or gain the right to control its distribution.

Any thoughts?

Ten Laws You Might Be Violating Right Now

aheram — Sat, 17 May 2008 15:42:00 GMT

TechRepublic has a list up of ten laws people could be violating right now as they sit in front of their computers and access the internet. Interestingly enough, half of the list pertains to intellectual property. The travesty that is the DMCA tops the list at number one:

#1: Digital Millennium Copyright Act (DMCA)

Most computer users have heard of this law, which was signed in 1998 by President Clinton, implementing two World Intellectual Property Organization (WIPO) treaties. The DMCA makes it a criminal offense to circumvent any kind of technological copy protection — even if you don’t violate anyone’s copyright in doing so.

In other words, simply disabling the copy protection is a federal crime. There are some exemptions, such as circumventing copy protection of programs that are in an obsolete format for the purpose of archiving or preservation. But in most cases, using any sort of anti-DRM program is illegal. This applies to all sorts of copy-protected files, including music, movies, and software. You can read a summary of the DMCA here.

If you’re a techie who likes the challenge of trying to “crack DRM,” be aware that doing so — even if you don’t make or distribute illegal copies of the copyrighted material — is against the law.

The DMCA as a law infringes on an individual's private property rights by making it illegal for the individual to tinker with his own electronic devices. How terrible is it that the mere potentiality of copyright infringement is grounds for legal action.

Do Churches Have Copyright?

aheram — Thu, 15 May 2008 03:15:00 GMT

The Church of Jesus Christ of Latter-Day Saints are claiming that their copyright on the religious handbooks they give out to their bishops have been violated by Wikimedia Foundation's Wikileaks that published pages of the aforementioned material online. In an article published by Wikinews, the news publication arm of Wikimedia Foundation, a spokesman from Wikileaks stated:

Wikileaks will not remove the handbooks [the Church Handbook of Instructions is a two-volume set], which are of substantial interest to current and former Mormons. Wikileaks will remain a place where people from around the world can safely reveal the truth.

This a complicated issue. The LDS is attempting to stop the online distribution of its publicly and widely disseminated material. It is an exercise in futility if there is one. But there is a crucial question here: do tax-exempt religious institutions have copyright? I have seen no comparable cases where a church invoked its copyright in order to stop dissemination of its materials (with the notable exception of the Church of Scientology). Does the Catholic Church have a copyright on papal bulls, for example? Who owns the copyright to prayers? Religious songs? Is there anything that is not copyrightable? Even the Air Force has attempted to invoke its copyright going as far as sending DMCA notices to YouTube, never mind the inconvenient fact that governmental agencies do not hold copyrights! While I understand that the churches are not governmental institutions, their very public function (and historically they were the government!) should make them ineligible for copyrights.