Sunday, August 5, 2007

Tech Titans challenge copyright claims in the media

Sounds a bit long-winded, but is a simple thing. When you watch a baseball match or a football match, you will get bombarded with warnings that tell you what you can or cannot do with the thing that you are watching on TV. They never tell you what you can do, instead it is all about not reproducing nor transmitting it any form, coupling this with an official warning and with logos of the league. This practice is now being challenged by a tech association, Computer & Communications Industry Association (comprising such titans such as Google and Microsoft) who contend that these warnings do represent the whole truth, and hence are essentially misleading customers about their rights.


The Computer & Communications Industry Association has filed a complaint with the Federal Trade Commission Latest News about Federal Trade Commission stating that such organizations as Major League Baseball, the National Football League and NBC/Universal, to name just a few, have been misleading consumers for years about their rights under the fair use doctrine in copyright law.
"Every time an American consumer opens a book, plays a DVD or watches a wide range of broadcast programs, he or she is confronted by strong language warning of what they are not allowed to do with that product," the executive summary of the complaint reads. "By design or effect, many of these warnings are misleading and harmful to millions of American consumers, customers and businesses," it continues. In fact, these statements grossly misrepresent federal law, which allows use of this material in certain circumstances, the CCIA contends.
"Uses of copyrighted works unauthorized by the copyright holder are not only permitted by federal law," reads the complaint, "they are actively encouraged by it. Section 107 of the Copyright Act, for example, encourages the unauthorized use of copyrighted works for various purposes, including criticism, commentary and news reporting. Under some circumstances, fair use permits the reproduction of an entire work by consumers."
Further, it goes on to say, MLB's claim that news accounts or "descriptions" of the game cannot be "disseminated" is, no pun intended, completely off base. "No author may copyright facts or ideas. Copyright serves to promote the dissemination of information by ensuring that every idea, theory and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.


This seems an important issue. For years now, viewers have been essentially threatened that even if they take a section of the recording for doing a critical commentary, it is illegal; and how many users are so aware of that their rights that they don't get dispirited by such challenges.
The concept of fair use is subject to a fair amount of interpretations, and with the rapid advance of technology, legislation and legal compliance is typically falling behind. And for fundamental issues affecting the First Amendment Rights of a citizen, it is even more difficult for a court to refer to the Constitution and interpret it in such cases. Not to talk about how this complaint may even be biased, since many of the complainant companies are running searches, user to user networks, on which many of these clippings get posted.

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