Discussion in 'The Rehearsal Room' started by johnmartin, Nov 2, 2007.
Another interesting item from the BBC news website http://news.bbc.co.uk/1/hi/technology/7074786.stm
Find more discussions like this one
interesting itemBBC news websitecopyright woes
At least it would create consistency and less confusion for people requiring use of the scores across international borders.
Anyway, let's start a discussion about the best format International Copyright Law should use ... I favour a patent based period based on the official authentation date of a new work or arrangement. This is similar to what the U.S.A. use at present. This would bring it in line with commercial and industrial patent law. Once the period is up, then it becomes available in the public domain.
Unless and until copyright periods are syncronised around the world, I don't see why it's not possible to restrict the sale of goods which can attract copyright to the country in which the website is based.
British Airways do this, and their tickets aren't even copyrightable - I suppose they are really, but not under the same terms.
Technically there are ways to do this to some extent - the BBC do it by preventing us from watching certain video clips for example (to the annoyance of those of us living outside the UK) - but the problem for this site was that it requires sophisticated technology and they did not have the resources to implement it. Therefore, even though they were in Canada and didn't violate any Canadian laws, the threat from a large foreign company with greater resources to tie them up in expensive litigation meant that they had to bow to their bullying tactics. It has been speculated that they would be able to successfully defend against the lawsuit whether it was brought in Canada or Austria - but they just couldn't afford the fight.
However, having said that, if someone were to come to Canada and buy a printed copy of music that was out of copyright here but still copyrighted in Europe and then take it back to Europe, the PURCHASER, not the vendor would be in the wrong once they stepped off that plane at Heathrow. No one would suggest preventing the foreign individual in the music shop in Toronto from buying (or photocopying, since it is out of copyright!!) that music, surely. The only difference here is that the distribution medium is different because of the web technology. And the law just hasn't caught up with these kinds of issues.
This starts to stray into the realm of extra-territorial application of a state's laws and discussion of where in the supply chain any walls should be placed. It is not a simple subject and is contentious - we hate the US applying its laws to firms operating in Canada when they are US owned (e.g. Canadians can't use certain Canadian Master Card credit cards in Cuba because of this, or certain individuals who are Canadian citizens but were born in Iran etc. can't do certain high tech jobs in Canada because of this - contrary to Canadian employment law) - but very few people would object to trying to apply Canadian laws to sex crimes perpetrated overseas, or war crimes etc. It is not simple!!
I'm not saying that it is an easy issue to deal with but the processes by which inventors and creative artists have their intellectual rights protected have been in place for many years now and marketing, buying & selling can be globally implemented easily now since the internet is easily accessible. Any change in legislation should reflect this. I feel that music in brass bands has suffered from two things (1) lack of quality control (especially in arrangements) and (2) restrictions put in place denying exposure to material that would provide an essential & relevant link between consumer and performance. The bands could, therefore, play decent arrangements that are more in touch with what the public are listening to now rather than being a generation (or few) behind!
That all depends on how you do your patent applications....it's actually a lot more complicated than that.....you've got World applications, USA applications....GB....Japan..... :hammer
I was using the 20 year thumbnail rule but I know there are exceptions for certain products ...
It's not the exclusivity thing that's the problem - but you have to protect your invention in all territories in which it'll be available, so you have to make multiple applications. So the system is still 'broken' and a right royal pain....
- what universal system would you like to see being used to allow fair and appropriate use of older copyrighted material?
Separate names with a comma.