Yes, still kicking…still ranting. Today’s rant makes me wonder about the sanity of government. When it cooperates with corporate greed, abusive results seem the norm.
Many of you have children or grand-children. There may be a great or two scattered out there. As a member of the “aging population” it seems too easy to recall the past with nostalgia. Boy does that work here. Think of youth — impetuous. Parents have liability until majority which isn’t always linked to immediate sanity. Picture what the following quote could do to a family or a young, impetuous adult.
David Post, writing at the Volokh Conspiracy blog, describes how the Trans-Pacific Partnership treaty may prevent any changes to copyright law regarding orphan works. Quoting: “Big problem #1 is that copyright law doesn’t require the plaintiff to show any damage whatsoever. And it authorizes awards of up to $150,000 in “statutory damages” for each work that is infringed — independent of any damage assessment. … It appears that the latest version of the treaty contains, buried within its many hundreds of pages, language that could require the U.S. to scuttle its plans for a sensible revision of this kind. … Any provision of U.S. law that eliminated ‘pre-established damage’ or ‘additional damages’ for any class of works could be a violation of various TPP provisions requiring that such damages be made available, and it even appears that distribution of orphan works would have to subject the distributor to criminal copyright liability.”
(The Volokh Conspiracy Blog sounds like it might be a nut case. It is actually a collection of law school profs and lawyers.)
Well, there can go the retirement fund, college fund, solvency in general. Someone’s kid gloms onto a book or a dvd. It a transient pleasure that the law will allow to will destroy lives.”
An orphan work is a copyright protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes only originator or rightsholder name(s) are known, yet contact is stymied by the exhaustive unavailability of sufficient further details. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work.
Sadly, we vote these folks into office. We’re stupid.
Please write your senator. They ratify treaties.