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Orphaned Works and the Requirement To Preserve Metadata 129

Posted by Unknown Lamer
from the missing-the-obvious dept.
An anonymous reader writes "Orphaned works legislation promises to open older forgotten works to new uses and audiences. Groups like ASMP think it's inevitable. But it comes with the risk of defanging protection for current work when the creator cannot be located. Photographer Mark Meyer wonders if orphaned works legislation also needs language to compel organizations like Facebook to stop their practice of stripping metadata from user content in order to keep new work from becoming orphans to begin with. Should we have laws to make stripping metadata illegal?" The author notes that excessive copyright terms may be to blame; if that's the case why lobby for Orphaned Works legislation? On a related note, Rick Falkvinge asks if we should revisit the purpose of the copyright monopoly.
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Orphaned Works and the Requirement To Preserve Metadata

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  • How can you ban people from deleting the meta data. Are you going to ban hex edditors or text edditors? What about file systems that don't support metadata like fat? Or what about when people don't like your naming/notation conventions will that be banned to? A while back I had a itunes giftcard that I wanted to redeem so I had to install itunes. It went through "cataloging my music library" instead it indescriminatly deleted meta data and other files and renaming and disorganizing many. How will they deal

    • I really hope that crap like itunes messing with music files get apple a fine for destroying the meta data.
    • by Anonymous Coward

      Didn't I tell you? I told you, didn't I Listy? But no, you didn't listen to ol' Rimsy.

      I told you about installing old software from the past, I told you about how Apple caused World War 3 through software alone, but you didn't listen.
      Now look what you have done, Holly can only speak in Esperanto. Now what will we do? Shout loudly at him?

    • by MikeRT (947531) on Tuesday December 04, 2012 @06:47AM (#42177781) Homepage

      Are you going to ban hex edditors or text edditors?

      No.

      What about file systems that don't support metadata like fat?

      How is that relevant to file formats which have their own metadata built into them?

      Or what about when people don't like your naming/notation conventions will that be banned to?

      No. It's about conveying basic ownership information, but you already knew that...

      How will they deal with faulty programs like that will they be liable for removal of metadata?

      iTunes removes metadata on your personal files. Facebook is a completely different case. Anyone who puts two brain cells into it can see a fundamental difference in liability between software meant to organize a personal collection and software meant to facilitate public consumption of media. It would not be hard to pass a law requiring the preservation of copyright ownership metadata in file formats which support that metadata in software intended to be used for the public dissemination of media.

    • by allo (1728082)

      > What about file systems that don't support metadata like fat
      Meta-Data: Stuff like EXIF-Information.

  • by Anonymous Coward

    For photo's at least, little did I know that my phone put so much Metadata in it. Geographical location? Standard on? I see this more as a security risk so I would say: law for mandatory stripping of Metadata.

    • by Cenan (1892902)

      How about the middle ground and add a mandatory option to let the user choose? Or at least inform the user when their data enters the public, that meta data is present.

      • by VMaN (164134)

        99% of people would just click "OK", and have their metadata, including GPS coordinates, uploaded.

        While you could say it's their own damn fault, it would still be a huge privacy problem.

        • by clemdoc (624639)

          99% of people would just click "OK", and have their metadata, including GPS coordinates, uploaded.

          Maybe, but the remaining 1% would at least have the option.

        • by allo (1728082)

          no, in many cases such metadata would be good. if you show photos from some nice place, its a good feature, when the next user can just see the place on googlemaps. Who explicitly DOES NOT want it, can click the "strip place information" option.

    • I would like to limit a law to just protect the Author field and make it apply only tho software like iTunes and services like flikr or facebook. A creator like you should not be hindered by law to strip all metadata by will.
    • by Sloppy (14984)

      Typically these types of laws prohibit $ACTIVITY "without authorization by the copyright holder." Since you'll be the copyright holder in these situations, you'll be allowed to do whatever you want with your own photos.

      If the government mandated that you were required to strip data from your own photos, you ought to be able to safely ignore that law, on First Amendment grounds.

  • Copyrights is actually a good thing. But like many other thing, too much a good thing can become bad, very very bad.

    As the author of several software packages (some of them I'm the sole programmer, others I'm one of the many contributors) I have to say that copyrights does work, as we get paid for what we did.

    But excessive copyrights (and to add insult to injuries) and patents have made the software industry filled with more lawyers than hackers.

    Nowadays even an act of open-sourcing a software program you y

    • by wvmarle (1070040)

      And the solution would be so simple. Well, technically simple, not politically of course.

      Copyrights: limit the time of protection to something reasonable, anywhere from 10 to 30 years would be reasonable to me. Not the 100+ years like now. And limit by counting from time of creation, not lifetime of creator plus some time as it is now. For the rest there is not much wrong with copyrights per se.

      Those RIAA law suits against file sharers are not to be solved by changing copyright, that needs a different appr

      • 100x damages is obscene.
        • if you get caught shoplifting and get sentenced to a few dozen hours of community service it can be more than 100x damages.

          • by Stirling Newberry (848268) on Tuesday December 04, 2012 @05:23AM (#42177425) Homepage Journal
            You are confusing damages with punishment. And your assertion that because we have a prison industrial complex now, that we should extend it, does not stand up to scrutiny. Fundamentally your position that society exists to enrich the rich and impoverish the poor, at threat of gun point, shows that the use to which the law is being put is no longer beneficial to society as a whole.

            IP is a concept, like prohibition, which has run its course as public policy. Both accomplished the same result: to turn ordinary people into criminals, and to make criminals into enterprises.

      • We should go back to the original system. 14 years plus a one time (non-automatic) renewal of 14 years. We can grandfather in existing works with a system designed to slowly move them into Public Domain status if their 28 years are up. Say, every 5 years release a decade's worth of material starting with the oldest items. (Assuming we start with the 1930s, it would be 45 years before present day items exit copyright. Plenty of time for copyright owners to milk the last remaining drops of copyright-fuel

    • by blahplusplus (757119) on Tuesday December 04, 2012 @04:01AM (#42177127)

      "Copyrights is actually a good thing. But like many other thing, too much a good thing can become bad, very very bad."

      You're ignorant of the law. People said the same when copyright was first implemented long time ago, the "just the right amount people" have no credibility. See here:

      http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act [wikipedia.org]

      Copyright has been extended EVERY single time, there was not a time where copyright was NOT extended at request of corporations/greedy rich stars.

      For those interested in the law and history of law relating to copyright see here:

      http://homepages.law.asu.edu/~dkarjala/opposingcopyrightextension/default.htm [asu.edu]

      And this speech for good measure for all the "copyright moderates". The same thing was said long before you all were born.

      http://homepages.law.asu.edu/~dkarjala/opposingcopyrightextension/commentary/MacaulaySpeeches.html [asu.edu]

      My personal view is there is not going to be a legal solution forthcoming because most human beings are not concerned/too ignorant/stupid/illiterate.

      • My personal view is there is not going to be a legal solution forthcoming because most human beings are not concerned/too ignorant/stupid/illiterate.

        Truly, the USA has far bigger problems than excessive copyright protection. I'm concerned, and hopefully not too ignorant/stupid/illiterate, but it's hard to imagine an election where the available candidates agree on all the more important stuff, so that my decision would be based on their stance on copyright.

        Free entertainment is pretty low on my list of desiderata.

        • by Anonymous Coward
          re: Truly, the USA has far bigger problems than excessive copyright protection:
          .
          Yes: unreviewed and unreviewable drone killings of foreign declared terrorists and of US citizens declared terrorists; border patrol run awry throughout the country and deep into the states and highways well past the actual borders; retroactive okaying of warrantless wiretapping of USA citizens; abuse of civil forfeiture law to increase LEO coffers; declaration of "1st amendment zones" (how brave-new-world double-talky is that
        • Copyright is a bigger problem than most appreciate. This isn't about free entertainment, this is about legal restrictions on our opportunities to share knowledge. "Those who fail to learn from history are doomed to repeat it." I don't want to repeat mistakes because knowledge of them are locked away by copyright.

        • by mcgrew (92797) *

          Free entertainment is pretty low on my list of desiderata.

          It isn't about "free entertainment," it's about culture. Art is like science and technology, in that everything new comes from what has come before. Imagine how technology would stagnate if patents lasted a hundred years? That's how culture is stagnating.

      • OK, you claim that because people have been saying that copyright should be limited in duration for a long time and yet legislators keep extending it ever longer, the people who say that it should be limited have no credibility. I do not follow your logic. I guess what you are saying is that we should just accept copyright law as it is, since people have opposed it for a long time.
        • "I do not follow your logic."

          It's very simple, I'm not proposing a solution. I'm saying that once copyright got its foot in the door it is now impossible to dislodge or moderate because the forces that have an interest in copyright have more money, time and lobbyists on their hands compared to law professors at universities that would like it to be moderated. Hence I pointed you to those sites so that you could learn these things. Looking at the evidence (over 100 years of copyright law). The same argum

          • OK, so what you are saying is that people should give up on fixing copyright because people have been talking about doing so for over 100 years and the problem has only gotten worse. Further you are of the opinion that people who propose fixing copyright must be ignorant of the history of attempts to implement the solution they propose because otherwise they would know that fixing copyright was hopeless and give up (ignoring the possibility that people are aware of the history but still hope that maybe they
    • Re: (Score:3, Interesting)

      by bfandreas (603438)
      Since copyright is only a temporary protection before a work goes into the public domain we need to take steps for preservation.

      A copyright holder should have the duty to take sufficient measures that the work is still existant when it is ready to enter the public domain. And that means backups.
      We have lost quite a lot of movies and semi-lost a lost of books, TV shows, radio recordings and whatnot to fire, negligence and not interest to publish it.

      Just a couple of weeks ago I wanted to get recordings o
      • In other words, whenever I create something, I have to make sure a copy will survive for 75 years after my death? That seems like a rather harsh burden, and I really don't think I should be responsible for what happens after my death.

        I have stuff I've already lost, and that's OK with me because it wasn't very good. There's some stuff that exists in only one easy-to-lose copy. The more recent possibly significant stuff is backed up in the cloud, but free services don't guarantee to be around for 75 yea

        • by bfandreas (603438)
          If you yourself value your own creation so little then yes, you don't need copyright. You'd best either pass it into the public domain so others can build upon it or not publish it at all. Your call.

          I've also lost a ton of stuff and if somebody had gotten hold of it and improved on it then more power to him.

          Creations belong to the public domain by default. Copyright is a priviledge. Not the other way round.
  • by wvmarle (1070040) on Tuesday December 04, 2012 @03:27AM (#42177021)

    This alone is an interesting question. How much work does one have to put in locating a work's copyright holder? How much effort do we have to put into remembering that information?

    The summary already presents an interesting case: Facebook stripping metadata, such as the author name, from copies of works they receive. A short while later no-one can remember who it was from; so it is orphaned now? This would open an avenue of legal infringement. Especially with smaller works like photos it may be hard to find the original maker if the metadata is gone. Or should we consider such orphans as "copyright protected" and prohibit any further distribution unless the distributor can show they have the rights?

    It's not exactly easy. Especially in this digital age where information can be wiped or added without a trace. Metadata can be stripped, it can also be added or changed, and then it becomes hard to prove which version is the original.

    • by HungryHobo (1314109) on Tuesday December 04, 2012 @04:24AM (#42177189)

      bring back legal deposit libraries and registration.

      if your work is important to you then register it.

      make it so that there's no exception for works which have been registered.

      If you find a work who's source you can't find then you have to do a search for registered works if you want to use it.
      We have the technology.

      even for images. A searchable database is totally possible and reasonable. A heavily edited or recompressed photo might not match but how often do companies want to use ultra low quality images?

      • "if your work is important to you then register it."

        Why? Why not leave it as is?

        If you find a photo and you don't know who made it -- what is it to you? Why do you need to be able to use it? If it's that important, pay a photographer to make a similar one, or make it yourself. Easy.

        • by HungryHobo (1314109) on Tuesday December 04, 2012 @05:01AM (#42177327)

          Sometimes it's more important what it's a photo of. Not everthing can be replicated.

          If you don't know what photographer took an old photo of one of your dead parents should you have to make yourself a criminal in order to make copies before it can degrade?

          under the current system you do.
          You may not get caught but that's beside the issue. as it stands you could be sued if the photographers grandchildren ever found out that you had made copies for your family members.

          but lets take your approach: if it's that important we can always just dig up the corpse and pay a photographer to make a similar one, or make it ourselves. Easy.

          oh. wait. in the real world your "sollution" is os obviously stupid that I can't believe you didn't realise that it's impractical. you know it's stupid but you parrot it anyway.

          Indeed any photo of anything which can't be reproduced hits the same problem. a dead person. a long gone building. a historic event.

          If you can't find the guys who snapped the photo or figure out who his estate reverted to then you cannot legally make a copy. You can only leave the origional to rot and degrade taking the fine details of whatever it records with it.

          you could ignore the law and make yourself a criminal which is what people already do but any law which makes everyone a criminal is a broken law.

          that's why. it's a broken system.
             

          • Sometimes it's more important what it's a photo of. Not everthing can be replicated.

            And that irreplicability is sometimes what's called "art". Your example's a fairly good one: the restoration of a cherished family portrait or similar. That's one of the reasons why orphaned work legislation is considered inevitable by many (see the summary). But making that orphan works law happen relies on some manner of preventing the accidental (or even malicious) orphaning of modern works that may be suitable for mass consumption (a picture of a nice sunrise, an amateur reportage shot from a warzone

            • hence my suggestion further up. if you take a remarkably photo then by all means: register it. idealy registration should be free like uploading an image to photobucket or posting on a board.

              Simply upload it to a registration server with your details. Anyone who want to search for orphaned work can then search it just like a google search or a tineye search .

              this would also guarantee preservation of such works for future generations.

              once it's registered it largely solves the malicious or accidental orphanin

              • bleh.
                Me no speak well today.
                *remarkable
                *wants

              • That just means those who already have money will register any- and everything habitually, while amateurs get screwed over further for no reason other than corporations having easier access to their works.

                • only if it's cost effective.

                  it only seems better for amatures than the current system.

                  As long as it's a google-like free system then it doesn't screw the poor over any more than the rich.

                  Everyone gets easier access.Not just corporations. You might as well attack public right of way laws because it allows corporations employees to walk over your land or public libraries because it allows corporations to educate their workers without buying your books.

                  • Well, you kinda have to decide wether you'd want that to be free or "at a small price", because I ain't discussing shit when that just gets constantly switched ^_^

                    • "at a small price"?

                      I've done a quick word search for that and you're the only one saying "at a small price" as far as I can see. unless I missed something in my earlier comments I always said "free" or at worst "ideally free".

                      Where did I switch it?

                  • As long as it's a google-like free system then it doesn't screw the poor over any more than the rich.

                    A Google-like free system, you say? You mean one that's constantly mining your data in order to advertise to you more and more in multiple media, while riding roughshod over creators' rights right up until the point where they're sued, at which point they strike a deal which is to their best interests but leaves the content creator with 1% of sweet FA?

                    There's no such thing as a free lunch -- someone's going to have to pay, and right now world's governments are mostly beating the "small government" drum (an

                    • sigh. here we go.

                      Google-like as in searchable like a google search where similar works can be found quickly and easily.
                      The point was that the technology exists.

                      believe it or not legal deposit libraries exist and have existed in the UK for a long long time and are traditionally publicly funded with the works stored within availible to the public.They're not remotely controversial.

                      for no sane reason whatsoever you seem to have a problem with the idea of public domain works, works on which the copyright has ex

                    • Just to be clear since I'm sure you're going to act the jackass and fill any blanks I don't explicitly cover with some strawman: legal deposit libraries exist in almost all first world countries. sometimes a company may have the contract for maintaining them but they're still libraries open to the public where you can go in and read the books.

                      http://en.wikipedia.org/wiki/Legal_deposit [wikipedia.org]

                    • for no sane reason whatsoever you seem to have a problem with the idea of public domain works, works on which the copyright has expired, being used by companies. You don't seem to get the point of public domain. it's not reserved for amatures and hobbyists. Everyone gets to use it. Including big evil companies.

                      When your copyright expires it stops being yours. Evil corporations and hobbyists alike gets to use it whether you like it or not.

                      It no more has to be international than copyright terms have to be international and perfectly synchronised. which they're not.

                      For no sane reason whatsoever, you have missed the point. I'm not against the public domain, and I am personally working on a system that will (hopefully) allow me personally to derive profit from public domain works. What I'm against is giving a private body a monopoly on storing in-copyright works that means that they (and only they) will have a complete database of out-of-copyright works to exploit when copyright expires, whereas other companies will have to go out of their way to collect and pay for t

                    • A deposit library isn't a digital entity though, and the library still must do considerable work to render their materials into a reproducible state. A digital deposit library... well, ever New Year's Day they'd be able to flip a switch and republish anything and everything for their profit, leaving their competitors trailing in their dust....

                      And why resort to insults? Why not just engage in an adult-like debate?

                    • Stunningly easy sollution: either run them as a public entity like current deposit libraries accessible to all or if you really want a company to run it then include in the contract that they must give copies of the database of all public domain material to other entities. you'll notice that many countries have multiple such libraries.

                      Adding "on a computer" to the description doesn't make things strange and scary.

                    • Then don't give them a monopoly.

                      have a dozen companies or even a dozen companies and a few state bodies all keeping their own copies. require them to share entries.

                      You don't have to hand it all to one company and give them the keys to throw away.

                      problem solved. just like that. poof. gone.

                      There isn't just one legal deposit library in the UK. there's half a dozen. some of them university linked bodies and some pure libraries.

                      "who would want to store millions of DVDs for just so that they might have a chance t

                    • Yes, but the Library of Congress isn't a corporation. As I said, today's politicians won't create new public stuff -- only private stuff. I wouldn't have a problem with a digital deposit library in public hands, only one in private hands.
                • That just means those who already have money will register any- and everything habitually, while amateurs get screwed over further for no reason other than corporations having easier access to their works.

                  Once something is published, it is no longer 'their' work. The only reason that people have any ability to control what happens to 'their' work once they make it public is because the public voluntarily decides to refrain from using the now public work.

                  If the work is unpublished, then it doesn't matter.

          • by fyngyrz (762201)

            any law which makes everyone a criminal is a broken law.

            Only in a democracy. And I'd remind you, the US is not a democracy. It was supposed to be a constitutional republic, but turned into a corporate oligarchy instead. The one thing it is not is a democracy.

            The mistake you make is in thinking these laws were (or should have been) passed for your benefit. They were not. They were passed to benefit the largest copyright holders, those that can afford to litigate. They do that very well.

            The only way to get t

    • by AmiMoJo (196126) *

      We shouldn't even be considering metadata as some kind of legal standard for determining ownership. It is trivially easy to forge or deliberately remove so that someone could claim the work was orphaned.

      A simple solution to this problem already exists: search engines. If you are a photographer who cares about his photos you can create a web site with them on and search engines will index it. Anyone can then do an image search based on their copy and find your site. The system could be improved by allowing i

      • by wvmarle (1070040)

        Searching images and videos is an unsolved problem.

        Currently you can not search Google for images: you can only search image meta data. If you want an image of a cow, you can search for images that say they are an image of a cow, but whether that image actually contains a cow or not, Google doesn't know. Also many images with a cow in it will be missed because no-one added a description to it. You may have noticed how few image search results you get are from sites like Flickr, even though they have million

      • I'm this far down and I seem to be missing something. Why do you (for example) have a copy at all? This is what I see as the big coming collision of the Sharing 2.0 web. Let's say I upload a picture to my website or YouTube channel, meta-data it, register it, and all. Why do any other copies go anywhere at all?

        It's because we have an old web culture to the point of "if it's cool I'll share it" and then someone *forwards a copy*. BANG. That's where all the stuff the music industry has been doing kicks in. Th

    • by Tuoqui (1091447)

      Like any legal matter... it only matters how much money you have to defend against a claim.

      So basically if you use something that's been orphaned apparently and is owned by a big company you're screwed... but if they find something of yours that has been orphaned they can strike it rich.

    • by Anonymous Coward

      I run a few hobby sites devoted to vintage model boats and associated equipment. Google 'Keil Kraft EeZeBilt boats' for an example if you're interested...

      Old model boat kits and plans from the 1950s or earlier are part of our social history. But they are (were) copyrighted and so the few people who have them in their collections frequently won't copy the data. We are generally talking about older people here - say, 50 years old and upward. They were brought up to obey the law, and are scared of the news rep

  • Copyright terms are a farce. The emperor has no clothes. It's completely distorted for how long the terms are. What should they be? 20 years for video, audio, and written works. 10 years for software as that changes so fast.

    If I'm ever brought before a judge for the contents of my hard-drive I'll plead guilty to everything within the above given terms and no contest for everything older.
  • by girlintraining (1395911) on Tuesday December 04, 2012 @04:35AM (#42177225)

    Should we have laws to make stripping metadata illegal?

    The solution to bad laws is not more bad laws. The reason we got into this mess is because of copyright, and the idea that websites like Facebook have any right whatsoever to your creative rights beyond non-exclusive publication. If you want to set things right, start by making the authorship rights of the individual who made the creative work something that cannot, by any contract or legal instrument, be abridged in any way. Oh, I know, businesses everywhere will be screaming bloody murder: What about our marketing? Our advertising! Oh however will we pay the bills without access to all your personal data! It's easy: Clicking like isn't a creative act. Telling people your likes and dislikes isn't a creative act. Creating metadata based on creative works (like keywords being used in status updates or comments) isn't a problem either -- in fact, the company can happily claim copyright to the resulting database and use it however it wants. And that's what most of the marketing and crap is based on. That's where the money comes from.

    And one more thing: Those rights aren't transferrable or abridgable in any way, nor are they exclusive... but they do expire at the time of your death. No hand me downs for the relatives. No "150 years plus the life of the author" crap. No: Once you're dead, everything you ever said is fair game for the general public. You're the only one that should be allowed to benefit from your own work, and once you're dead, there's no more benefit to be had... so the rest of the world can reproduce your work freely... They just have to give you credit, like always.

    Don't get into this argument about who owns what and derivative works and derivative derivative works and works for hire, and blah blah blah. It's a trap. An Ackbar trap, even. The moment you start to play that game, you lose, because there'll always be another argument, another subtle change, another justification. No. If you want to get a handle on intellectual property, you draw a firm line in the sand and say "This far, no farther." You do not ask for new laws to patch up old ones -- you get rid of the bad laws, strip it down to the bare metal, and then build it up right.

    • The reason we got into this mess is because of copyright, and the idea that websites like Facebook have any right whatsoever to your creative rights beyond non-exclusive publication.

      Is someone making you post your stuff there?

    • So... if I want to make a multi million dollar movie of a book and the negotiations are going badly the cost for the rights has an upper bound as the cost of having the author quietly killed?

      If you work 10 years on creating a book which does well you get to provide for your family for a few years.
      If you work 10 years on creating a book which does well but then get cancer your dependents are shit out of luck it goes straight into the public domain.

      An author with failing health effectively loses any way to pr

    • Should we have laws to make stripping metadata illegal?

      The solution to bad laws is not more bad laws.

      Quite right: the answer is to pass some good laws, such as those that prohibit stripping ownership information from creative works. Now they may make a balls-up of the legislation (in fact they probably will), but as with many laws throughout history (but not so many these days), the underlying principle is (correctly) designed to serve the public good.

    • I'm mostly with you, but expiration on death is a really bad idea as it give would-be users an incentive to kill the authors. I'd much rather go with a fixed, short protection period, and then public domain.
  • Maybe the solution is to only ban the deletion of some metadata by anyone except the creator of the data.. This would include the creation date and the creator or copyright owner, and allow other metadata to be deleted. This would prevent the problem of premature orphaning whilst preserving any privacy issues.

    Alternatively, as far as privacy issues are concerned, the creator is at perfect liberty to edit the metadata, to remove anything which they do not want published, before uploading/sharing/dist

  • Is this a serious honest to goodness question? Is it a joke? Is someone making a funny?

    The answer is quite easily no, we should not make laws against stripping metadata. That is quite possibly one of the most absurd notions I've heard in a while. Lets take bad laws, learn from them, and then make worse laws! That will solve our problems, alright!

  • by SuricouRaven (1897204) on Tuesday December 04, 2012 @05:40AM (#42177505)

    Not intentionally so, but rather a consequence of an entirely different copyright law. European union copyright directive:

    1. Member States shall provide for adequate legal protection against any person knowingly performing without authority any of the following acts:
    (a) the removal or alteration of any electronic rights-management information;
    (b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Directive or under Chapter III of Directive 96/9/EC from which electronic rights-management information has been removed or altered without authority, if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by law, or of the sui generis right provided for in Chapter III of Directive 96/9/EC.

    2. For the purposes of this Directive, the expression "rights-management information" means any information provided by rightholders which identifies the work or other subject-matter referred to in this Directive or covered by the sui generis right provided for in Chapter III of Directive 96/9/EC, the author or any other rightholder, or information about the terms and conditions of use of the work or other subject-matter, and any numbers or codes that represent such information. The first subparagraph shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subjectmatter referred to in this Directive or covered by the sui generis right provided for in Chapter III of Directive 96/9/EC.

    Exact details will vary by country. The EU directives say what a country must achieve, it's up to them how they will do it.

    • The EU Directive is a result of the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. Both those treaties require members to protect rights management information from alteration or removal and provide penalties. The U.S. has a similar implementation [cornell.edu] as the EU directive.

      I'm not sure how Facebook's stripping metadata wouldn't violate the plain language of this law, but I'm sure they have some fine print somewhere that makes it legal.

      Note that most metadata probably doesn't qualify, but I thi

  • by kenorland (2691677) on Tuesday December 04, 2012 @08:07AM (#42178133)

    There used to be a very simple mechanism for protecting works to become orphaned: authors registered them with the Library of Congress. This also ensured that the work eventually could enter the public domain.

    It was greedy European publishers that killed this, and then forced the US to comply. And now they are using orphan works legislation to enrich themselves; if you look at the European proposals for orphan works, they want to charge for the reproduction of such works and then redistribute the money to current publishers and authors. That is not how orphan works are supposed to work.

    We should bring back mandatory copyright registration; it's the only sensible way of dealing with orphan works and the public domain.

  • The reason to lobby for "orphaned works" legislation instead of fixing copyright terms is the fact that Big Media will never allow copyright terms to be shortened. But - being really easy to locate and immortal - they have nothing to fear from orphaned works exceptions, so that's an opening for others to chip away at the copyright monopoly.

  • Are the people proposing this micromanagement of my photos the same ones who are demanding a free and unregulated internet? It's like making it illegal to copy a paper photo without including any comments that were penciled in on the back. I do include the metadata on my photos whenever possible, but I prefer to do it voluntarily.
  • I've published several pseudononymous and anonymous works in various media which I dont want associated with my or my family's name for various reasons. Someday they may become "orphaned works" but I'm curious how the greed of others to access these trumps my right to anonymity and privacy.
  • Go, look at soup or tumblr. How many users have the right to distribute even 1% of their "stream"?

Sentient plasmoids are a gas.

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