Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
The Almighty Buck Your Rights Online

False Copyright Claims 268

FreetoCopy writes "Teenagers downloading music may not be the worst copyright offenders. See this item (available for download in PDF file with free registration) about the growing problem of copyfraud — in which publishers, archives, and distributors make false claims of copyright to shut down free expression. From the paper: 'Copyfraud is everywhere. False copyright notices appear on modern reprints of Shakespeare's plays, Beethoven's piano scores, greeting card versions of Monet's Water Lilies, and even the US Constitution. Archives claim blanket copyright in everything in their collections. Vendors of microfilmed versions of historical newspapers assert copyright ownership. These false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the owner's permission, result in users seeking licenses and paying fees to reproduce works that are free for everyone to use...'"
This discussion has been archived. No new comments can be posted.

False Copyright Claims

Comments Filter:
  • by Anonymous Coward on Saturday July 14, 2007 @02:52PM (#19860861)
    The DMCA has provisions for victims of false DMCA claims to sue for damages. Its really a scam though because I believe you can only claim actual damages. Its basically impossible for the average joe who is a victim of blanket DMCA terminations to get any recourse
  • by stinerman ( 812158 ) on Saturday July 14, 2007 @03:14PM (#19860989)
    Part of making a DMCA takedown notice is an oath under penalty of perjury that you hold the copyright to the work in question. The only problem is that perjury is notoriously hard to prosecute (as the prosecution must prove that the alleged knew they were lying), and if the law firm is in any way politically connect to our President, they'll be pardoned anyway.
  • by transporter_ii ( 986545 ) on Saturday July 14, 2007 @03:45PM (#19861189) Homepage
    I must say that I'm not totally sure I agree with this (and I usually am pretty much right on with Slashdot group think on copyright laws).

    For instance, I have made a little pocket change reprinting a rare 1863 cookbook. By no means am I getting rich off of it, but I do put a copyright on the ebooks I sell just to have some legal options. I don't care if someone prints it out and OCRs it, there isn't a thing in the world I could do about that. But I had to spend a couple of days OCRing the material, cleaning it up, and formatting it. Anyone else wanting to sell it, or give it away, should have to do the same, not swipe my work.

    How exactly should someone be able to just start reselling my ebook and why is that wrong of me to put a copyright notice on it?

    Transporter_ii

  • by dpbsmith ( 263124 ) on Saturday July 14, 2007 @03:46PM (#19861205) Homepage
    I frequently use the ProQuest databases of newspaper story images, available courtesy of my public library. These are digitized page images. Those for The New York Times go cover 1851 to 2003; those for the Boston Globe, 1872 - 1923.

    All of these, without exception, bear the notice "Reproduced with permission of the copyright owner. Further reproduction prohibited without permission."

    In the case of articles published before 1923 (and don't you think it's interesting that the Globe cuts off at exactly 1923?) I completely fail to see how these can be anything other than a faithful reproduction of a work published in the United States before 1923.

    Darn it, at the very least, if someone is going to claim copyright in something, they should be required to give an explicit statement of the legal basis for their claim. Maybe there's some way this material is copyrighted, but in the case of material that every university library guideline says is in the public domain, the burden of proof... or at least, the burden of saying why this is an exception to the general rule... should fall on the person making the assertion.
  • by Original Replica ( 908688 ) on Saturday July 14, 2007 @03:49PM (#19861225) Journal
    I want to see, in the words of FTC Commissioner Orson Swindle (great name!), "a few public hangings" for bogus DMCA takedowns.

    I think part of the problem is that the organization issuing the takedowns might actually think they own them, because they own things that use them. Thus a "public hanging" would be out of place.

    If I scan and post a picture of the Mona Lisa out of an art history book, am I making an illegal reproduction of part of that book? The IP rights get cloudy when you consider: If I download an unliscensed/illegal MP3 of a song, but I own a CD with that same song on it, the downloaded copy is still illegal. If the source is considered for MP3s why wouldn't it be considered for the Mona Lisa?
  • by Anonymous Coward on Saturday July 14, 2007 @04:09PM (#19861385)
    Corbis has tons of pre 1923 images, images from US Govt photographers (WWII, etc) that are all labeled (c) copyright.
  • by butlerm ( 3112 ) on Saturday July 14, 2007 @04:12PM (#19861399)
    You might want to review Feist Publications v. Rural Telephone Service, in which the Supreme Court ruled that copyright protects creative expression, not 'sweat of the brow'.

    So while there may be something about your e-book that is protectable, the OCR of the original text almost certainly does not qualify.

    See http://en.wikipedia.org/wiki/Feist_Publications_v. _Rural_Telephone_Service [wikipedia.org].
  • by Original Replica ( 908688 ) on Saturday July 14, 2007 @04:27PM (#19861485) Journal
    Try selling your own prints of images copied from the Getty digital archives
    - Ok in the interest of following the call for "public hangings" in the GGP: If I make prints from my own source, but Getty Digital Archives believes that it is theirs and they make eBay close my online vending page: Does Getty deserve a "public hanging"? I believe you called for the full weight of Purjury charges to be applied in the case of false DMCA takedowns.

    It's a twisty, ambiguous, and nuanced area of law,
    -In general I think any laws that can't be clearly understood by an average highschool gradute need to be scrapped and rewritten. If for no other reason but that they can be clearly understood by a jury expected to rule on them.
  • by Stanislav_J ( 947290 ) on Saturday July 14, 2007 @04:33PM (#19861515)

    I sell out of print books on eBay. There is a certain historic African-American sorority that published a quite hard to find history of the organization -- tends to bring triple-digit prices when you can find a copy. I've been fortunate enough to twice have found a copy (once at an estate sale, once in a Goodwill), and both times when it was listed on eBay, I was INUNDATED with hostile messages from members of that sorority. Apparently, they believe that the fact that the book is copyrighted means that only THEY can sell copies, and only to fellow members -- as far as they are concerned, I don't have the right to read it or even posess it, let alone sell it! Both times, they lodged complaints with eBay who politely explained to them the right of resale and the fact that pretty much every used book sold, whether on eBay or in your local book nook, is copyrighted. But that didn't stop them from continuing to harass me and threaten me with legal action (take yer best shot, I told 'em). Really makes one wonder what sort of deep, dark secrets are in that book that they don't want any "outsiders" to get their hands on a copy!

You knew the job was dangerous when you took it, Fred. -- Superchicken

Working...