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A new study analyzes the dramatic disparity between U.S. copyright law and the social norm

What does your picture hanging in your living room, singing a Beatles song to your friend, or showing off pictures from your latest museum trip have in common?  They are all copyright infringements, according the 1976 Copyright Act.

The 1976 Copyright Act set forth that all creative works gained copyright protection, without the need for registration.  This overly broad legal train wreck has only gotten more confusing with the entrance of modern digital technology.  If you post a picture of a concert are you infringing?  If you let your friend listen to your phone to hear part of a song at a concert are you infringing?

The answer to both questions according to the 1976 Copyright Act is yes; you are obviously infringing, as you paid no royalties to the creator of the creative work (the musician).

John Tehranian, a law professor at the University of Utah, estimates that in an average day, he totals as much as $12.45 million USD in liability.  He sees his case as the norm, not as an exception, which is the topic of his new research paper (PDF).  According to Tehranian, "We are, technically speaking, a nation of infringers."

Tehranian illustrates numerous everyday examples.  For example, copying the full text of an email for a response is technically a copyright violation against the writer.  Tattoos such as Tehranian's bold Captain Caveman emblem on his shoulder are a thorny issue, which seem to infringe on copyrights.  Furthermore, Tehranian states, if he were to take off his shirt at the University pool and go for a swim; his tattoo could be deemed a public performance, racking up even more copyright infringement charges.

Tehranian has calculated his year liability -- for everything from the birthday song, to his home decorations -- and has rung up his yearly liability bill and just about $4.5 billion USD.

Tehranian does not engage in p2p file sharing as some might wonder upon seeing that tidy sum.  Tehranian tries to illustrate that the poor legal language of U.S. copyright law makes nearly everyone in the country civil offenders in a sense.  He sees the "vast disparity between copyright law and copyright norms" as a mandate for copyright reform. 

Tehranian raises many valid points.  The key issue is whether there is a point to laws with no enforcement or arbitrary enforcement.  This is the current state of copyright law.  Big business advocates such as the RIAA, MPAA, and IFPI use the Copyright Act and the Digital Millennium Copyright Act for everything from taking down websites, press charges against site owners, deny publication education funding, and to sue people for hundreds of thousands of dollars.  The artist Prince now is even trying to use them to take down YouTube, Ebay, and The Pirate Bay.

Meanwhile, people everyday commit hundreds to thousands of equivalent violations, entirely unknowingly.  The fact of the matter is that U.S. copyright law today remains a mess of ambiguity and shadows, but has allowed for tremendous legal campaigns against U.S. citizens.  Perhaps the U.S. needs to let citizens rewrite the copyright law via wiki, as New Zealand recently did for its new law enforcement guidelines.  Whatever its form, copyright reform, however seems far away, and until then -- according to Tehranian -- we are one nation united by infringement.



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By theapparition on 11/21/2007 7:17:39 AM , Rating: 3
quote:
You are talking technicalities..........

I think that's the point of the OP's analogy and relevant to the article (although a poor one, I understand what point he's trying to make). There's no point in trying to argue this. There are many laws on the books that are outdated/irrelevant now, and are in dire need of being updated or removed.

Let's see in South Carolina (just picked a random state):

No work may be done on Sunday.
An exception to the above law is that light bulbs may be sold.

Horses may not be kept in bathtubs.

It is illegal to give or receive oral sex in South Carolina.
(I'd like to see how they plan to enforce that!)

It is perfectly legal to beat your wife on the court house steps on Sundays.

Every adult male must bring a rifle to church on Sunday in order to ward off Indian attacks.


All of these are real laws on the books in South Carolina. Yet not enforced, and I'd like to see the man who beats up his spouse on the courthouse steps not get charged, reguardless of what the law says. You may be breaking the law, without even knowing it. That was the point of the original article, and arguing about driving laws is pointless.

Take a look at some in Ohio..... :-)

Women are prohibited from wearing patent leather shoes in public.

It is illegal to fish for whales on Sunday.

It is illegal to get a fish drunk.

The Ohio driver's education manual states that you must honk the horn whenever you pass another car.

Participating or conducting a duel is prohibited.

Breast feeding is not allowed in public.

It is illegal for more than five women to live in a house.

No one may be arrested on Sunday or on the Fourth of July.


"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain














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