Posted on 01/30/2008 1:39:30 PM PST by antiRepublicrat
Not content with the current (and already massive) statutory damages allowed under copyright law, the RIAA is pushing to expand the provision. The issue is compilations, which now are treated as a single work. In the RIAA's perfect world, each copied track would count as a separate act of infringement, meaning that a copying a ten-song CD even one time could end up costing a defendant $1.5 million if done willfully. Sound fair? Proportional? Necessary? Not really, but that doesn't mean it won't become law.
The change to statutory damages is contained in the PRO-IP Act that is currently up for consideration in Congress. We've reported on the bill before, noting that Google's top copyright lawyer (and the man who wrote a seven-volume treatise on the subject of copyright law), William Patry, called the bill the most "outrageously gluttonous IP bill ever introduced in the US."
The industries pushing it (music, especially) have an "unslakable lust for more and more rights, longer terms of protection, draconian criminal provisions, and civil damages that bear no resemblance to the damages suffered," he said.
(Excerpt) Read more at arstechnica.com ...
Currently statutory damages are two-tiered, one for unknowning infringement, and one for willful infringement. I wouldn't mind them adding another, infringement for direct profit. It's already a factor in making a case criminal, but make that one really huge for civil cases to damage the true pirates.
Before anyone thinks huge statutory damages are bad in concept, consider me. My copyrighted works aren't worth that much relatively, so if MegaCorp X distributes it illegally the actual damages wouldn't amount to the rounding error of their accounting department. The prospect of large statutory damages is the only thing that will make them take notice.
Thanks Swordmaker.
duplicate
So I am confused. Is this relative to downloading only or if I borrow a CD from a friend and copy it, am I subject to infringement laws. If so, this is crazy.
Assessing damages against some college student moving his CD collection to his IPOD seems to be the target here. And I have no sympathy for the music industry here-- they've already made their royalty off the CD. They don't need to hold their hand out again when what they've already collected on is just being transfered to a more modern technological medium.
Gutenberg got his fee from printing his Bible back in the 15th Century. His heirs can't collect a second fee just because someone decides to microfilm the original for their archives.
The industry has long known about non-marketed “mixtapes”.
The industry is trying to change “the rules” of infringement decades late.
It is acceptable fair use at this point.
According to the recording industry, even if you already own a compact disc of the music in question, borrowing from a friend is stealing and should be subject to fines.
Never mind the fact that if your compact disc breaks, they believe that you should go out and buy a new one.
If so, this is crazy.
Yes, it is.
Jim really needs to beef up that search. I’ll remember to search for more terms in the title from now on.
Give me a break.
Americans can't build enough jails to house all its murderers and rapists, but it can to house all the RIIA victims?
So copying one CD is a multi million dollar offense, but physically stealing a CD from a store will get you a $100 civil fine and maybe a couple weekends of community service.
The best laws money can buy.
How about if you copy your own purchased music CD so that you use the copy and save the original (to make sure it is not damaged)? Does that infringe upon copyright?
Well at least we can be assurd that GREED has nothing at all to do with this moronic proposal.
But first reparations for those who bought the vinyl, then the 8-track, then the cassette, then the cd, then the bands DVD of the same song!
The only thing that will cure the record industry’s woes is to stop putting out SHIT and expecting folks to buy it.
Yes, it does. Read up on the DRMA.
Let them come get me then.
RIAA = Mongolians of IP
Absolutely.
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