Here's another important Copyright Week post from the Electronic Frontier Foundation: Mitch Stoltz looks at the brutal penalties for copyright violations: "What if a single parking ticket carried a fine of up to a year's salary? What if there were no way to know consistently how much the fine would be before you got it? And what if any one of hundreds of private citizens could decide to write you a ticket?"
Something very close to this scenario is a reality in copyright law. Copyright holders who sue for infringement can ask for "statutory damages" and, if they win, let a jury decide how big of a penalty the defendant will have to pay—anywhere from $200 to $150,000 per copyrighted work. That's a big problem for Internet users, and everyone else who wants to use creative works in lawful but non-traditional ways. Authors of remix video and fan fiction, bloggers, coders, entrepreneurs and others who create, inform, and empower on the fuzzy edges of copyright law must gamble every day. They risk unpredictable, potentially devastating penalties if a court disagrees with their well-intentioned efforts.
People from across the spectrum of opinion on copyright—including many who generally support more restrictive copyright law—agree that copyright damages are broken and need fixing. In today’s House Judiciary Committee hearing on the scope of copyright, Professors David Nimmer and Glynn Lunney agreed on almost nothing—but both agreed that copyright’s penalty regime makes no sense today.
Different from almost all other areas of the law, plaintiffs in copyright cases don’t have to present any evidence that they were harmed. And aside from setting some broad ranges of amounts for "willful" and "innocent" infringement, the only guidance that the Copyright Act gives to juries in picking an amount is to say that it should be "just."
Copyright Week is a worldwide effort to fix copyright: here are the six principles you can sign onto.
To Safeguard the Public Domain (and the Public Interest), Fix Copyright’s Crazy Penalties
Matt Fraction and Chip Zdarsky’s creator-owned comic Sex Criminals is a filthy, hilarious heist story about a couple who discover that they can stop time while orgasming, and keep it frozen until they become horny again — so they use their power to rob banks in order to rescue a library from foreclosure (naturally). The first two series of the comic are collected in Big Hard Sex Criminals, a fabulous hardcover whose plain pink wrapper comes off to make it look like you’re reading a book on DIY pet euthanasia.
Abrams directed the first two Star Trek reboot movies and is producing the third one for Paramount; he says he convinced the studio to drop its controversial lawsuit against Axanar, a crowdfunded fan-film (a suit that included a dubious claim about the copyrightability of the Klingon language) telling them that the lawsuit “wasn’t an appropriate […]
The March 29 edition of Airbnb’s terms of service requires that people who rent out their homes acknowledge that despite the company’s widely advertised Host Protection Insurance program, “you understand and agree that Airbnb does not act as an insurer.”
Jared Sinclair developed the RSS reader app Unread, which made $10,000 in its first 24 hours on the iOS market. And we’ve all heard the story of Flappy Bird developer Dong Nguyen, whose creation was reportedly earning $50,000 a day at the height of its 2013 explosion. While those are rare examples, they’re also testament to the […]
If you or your company’s IT system are besieged by black hat cyber attacks, an ethical hacker might be all that stands between crippling damage and a company’s long-term prosperity. It’s no wonder that the market for IT security specialists is exploding. Certification is the key – so learn the tenets of ethical hacking and get […]
Your laptop and mobile devices are top of the line…so why are you trotting out that raggedy decades-old suitcase when you go somewhere? Time to up your travel game with a complete 5-piece Herschel Travel Luggage bundle…and we’ll even give it to you for free!Of course, you’ve got to win the Ultimate Herschel Travel Bundle […]