What looked like an interesting story at the end of the year in The Washington Post about the RIAA claiming ripped CDs are “unauthorised copies” then got a twist with The Post issuing a correction, which some thought was worthy of a correction of it’s own.
At the same time, on the other side of the pond, the same issue, which had been extensively examined and clearly ruled upon by Andrew Gowers, became a topic for consultation for the new minister for Intellectual Property.
Wired revisited the RIAA stance and was very adament that the intention was very clear:
“So, to sum up, the RIAA does believe that a majority of American music buyers are thieving criminals, but it’s not going to sue anyone over ripping MP3s because) a) it’s not really a big deal to them anymore b) there’s no real way to find out and/or c) it would be terrible publicity to sue someone for using an iPod.”
And now has revisited the topic again:
“The RIAA doesn’t believe Americans have any right — or Fair Use legal defense — to play copyrighted material on the device and in the format of their choosing.
That belief has been and will continue to be a threat to innovation and new technology.
The failure to recognize that simple truth will blow back in the form of more draconian public policies and laws, as well as more crippled devices.”
This is not an industry looking for new business models, or using technology to ensure rights are respected, but looking to put all the evil back into Pandora’s Jar – which is hugely ironic given that Pandora has left the building!
A talk on Intellectual Property that is truly beautifully crafted and told!
1 Digital is not different – Fair dealing access and library privilege should apply to the digital world as is the case in the analogue one.
2 Contracts and DRM – New, potentially restricting technologies (such as DRMs /TPMs) and contracts issued with digital works should not exceed the statutory exceptions for fair dealing access allowed for in the Copyright, Designs and Patents Act.
3 Archiving – Libraries should be allowed to make copies of sound (and film) recordings to ensure they can be preserved for posterity in the future.
4 Term of copyright – The copyright term for sound recording rights should not be extended without empirical evidence and the needs of society as a whole being borne in mind.
5 Orphan works – The US model of dealing with orphan works should be considered for the UK.
6 Unpublished works – The length of copyright term for unpublished works should be retrospectively brought in line with other terms – life plus 70 years.