Tag: copyright

Categories
free trade & free markets judiciary

The Cheese Stands “Unprotected”

Witte WievenKaas, cheese, copyright, law

Governments tempt us — with special privileges and advantages. 

You know what also tempts us?

Cheese.

Cheese? Yes. In the Netherlands, cheese is a big deal, as Baylen Linnekin relates in “Cheese Fight Ends With Court Declaring Producers Can’t Copyright Taste,” over at Reason — where I go for all my cheese-​related coverage. (Don’t you?)

The tale is about two cheese companies and the European Union’s “Directive 2001/​29/​EC,” which tries to reconcile copyrights among member states. Specifically, it involves the legal fight between “two Dutch herbed cream cheese spread makers,” as Mr. Linnekin relates, “Heksenkaas (‘witches’ cheese’) and Witte Wievenkaas (‘wise women’s cheese’).” The former sued the latter for infringing on “its copyright on the taste of Heksenkaas.”

The case went from a Dutch court to the European Court of Justice, where the Court (Grand Chamber) ruled against Heksenkaas. There can be no copyright on “taste.”

This is of no great significance, I suppose, but in a world where the government gets involved in everything, it’s worth noticing when the government resists its temptation to tempt us.

The rationale for non-​involvement, in this case, was not a move against intellectual property as such, but against the idea of property involved in subjective taste. “The taste of a food product cannot,” the Court determined, “be pinned down with precision and objectivity.…”

Well, sure. But what was really going on here was one company not wanting competition from another company. 

A temptation, for sure. But some temptations (like some cheeses?) must be resisted.

This is Common Sense. I’m Paul Jacob.

 

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Categories
First Amendment rights too much government

Burning Isn’t the Only Way to Attack Books

copyright, Sysyphus, censorship, books, law, folly

The U.S. Copyright Office is enforcing an unjust and destructive law merely because it is there.

Selectively enforcing.

Valancourt Books prints books on demand. It keeps no stocks of books in a warehouse in between orders. Even so, the Copyright Office is demanding to be supplied with physical copies of each of the 400+ books in Valancourt’s catalog.

Failure to comply means crippling fines.

Why the harassment?

Well, once upon a time the Copyright Office required publishers to submit physical copies of books in order to receive copyrights for them. Yet the work of authors is now automatically copyrighted as soon as they create it.

Of course, the government doesn’t demand printed copies of their titles from every small publisher in the country. The Copyright Office just happens to have noticed and targeted Valancourt Books.

The Institute for Justice, which is representing the publisher in court, argues that this requirement unconstitutionally forces people to give up property without compensation, violating the takings clause of the First Amendment.

IJ also argues that the law violates the right of freedom of speech protected by that amendment. “People have a right to speak and to publish without notifying the government that they are doing so or incurring significant expenses,” IJ’s Jeffrey Redfern concludes.

“Because it’s there” may be a good reason to climb a mountain. It is a very poor reason to use an old — and outdated — law to destroy the livelihood of innocent people.

This is Common Sense. I’m Paul Jacob.

 

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Categories
general freedom ideological culture media and media people Popular

Memed Into the Public Domain?

Matt Furie, meme, Pepe, alt-right, frog, copyright

When the definitive history of the 2016 presidential election is written, the central figure may turn out to be … a frog.

“Pepe,” to be precise.

The cartoon frog with red lips started out as a minor figure in a Matt Furie webcomic, but came to symbolize so much more.

“This iconic amphibian has been labeled a Nazi, condemned by a presidential candidate, and now is at the center of an important First Amendment battle in an era of unlimited replication, imitation, and mutation,” writes Zach Weissmueller in a highly entertaining story in Reason. “It’s a fight that involves the alt-​right, Trump voters, a powerful Washington, D.C.-based law firm, and the anonymous online image board 4chan.…”

Mike Cernovich, the pro-​Trump, anti-​SJW publicity artist, has found himself at the center of the legal controversy. He’s hired a lawyer.

Oddly — or maybe not, politics and culture wars being what they are — the lawyer for Pepe’s creator makes much of the alt-​right/​hate group usages of Pepe:

“You can’t copy other people’s ideas and claim free speech,” says Tompros. “[The alt-​right is] absolutely free to spout hate in some other form. We just don’t want them using Pepe the Frog to do it.”

Contra Furie’s lawyer, you are allowed to copy others’ ideas in a free society. Copyright is something a bit narrower. Trickier.

This fight over the satirical use of a Trickster figure may turn out to be a legal and cultural landmark. “Fair use” could come to mean what Mr. Cernovich’s lawyer argues, ideas “memed into the public domain.”

Meanwhile, to the many causes of Hillary Clinton’s cruel fate in 2016, we can add a cartoon frog.

This is Common Sense. I’m Paul Jacob.

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Categories
Accountability folly government transparency

A Most Bizarre Misuse

transparency, government, copyright, illustration

Increasingly, folks in government balk at the commonsense requirement for transparency. They don’t like the basic idea of a republic, apparently — that we have rights; folks in government have duties. They are bound to serve us.

And allow us to oversee their work.

The latest bizarre attempt to wiggle out of transparency comes from California. A proposed bit of legislation, AB-​2880, seeks to grant state employees copyright protection — for their everyday work as public servants.

“The bill claims to protect access to the documents through the California Public Records Act,” explains Steven Greenhut in The American Spectator, “but it gives the government the ability to control what people do with many of those records.” Emphasis added — to direct your attention to the enormity of the increase in government prerogatives.

Public records are called “public” not merely because they putatively serve the public, but because they are open to the public. Yet, if this measure passes, those records are essentially privatized … to the government.

That is not what we mean, usually, when we say “privatize.”

Using copyright law to protect “thin-​skinned officials,” AB-​2880 would insulate bureaucrats even further from citizen oversight.

The excuse for the law, to help agencies manage their “intellectual property,” is hardly a big concern, except perhaps in one way: trademark infringement. We do not want private businesses to pretend to be state parks or bureaus. But the overreach beyond this core issue goes so far into crazyland that one must question the intent behind it.

And stop it.

This is Common Sense. I’m Paul Jacob.

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transparency, government, copyright, illustration

 

Categories
crime and punishment folly general freedom media and media people national politics & policies too much government

Not Buying a Stairway to Riches

Led Zeppelin, copyright, lawsuit

I am not a writer by trade. I don’t make a living off of these daily and weekly writing gigs. I give this stuff away, for free. The donations I ask for are there to cover bandwidth, website expertise, artwork, etc. They don’t cover my contributions.

But that doesn’t disqualify me from my occasional wonder and amazement (and worse) at how intellectual “property” is handled in America.

This week a Los Angeles jury found that the great rock band “Led Zeppelin did not plagiarize the opening chords of the rock epic Stairway to Heaven from the U.S. band Spirit,” the BBC reports. “It said the riff Led Zeppelin was accused of taking from Spirit’s 1967 song Taurus ‘was not intrinsically similar’ to Stairway’s opening.”

So, my surprise, and perhaps yours too, is that a riff, a mere riff, taken from one song and put into another, could be actionable at law. It seems to me that this would be like suing over an essay title (one has no private property rights to your headlines, no matter how original), or clever turn of phrase. Writers copy this stuff all the time. Even more commonly, they inadvertently regurgitate these writerly “riffs” from the far corners of their minds, or even think up these things separately.

But honestly, I didn’t think one could sue over a riff. Riffs and chord progressions vary in originality, but some of the best songs use the same three chords, so there is a lot of apparent “stealing” going on.

Thankfully, the jury wisely knew the difference between What Is and What Should Never Be.

This is Common Sense. I’m Paul Jacob.

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Led Zeppelin, copyright, lawsuit

 

Categories
folly national politics & policies

Copyright and Wrong

Even if one disagrees that patent and copyright laws should be shelved (as some critics contend), no sensible person denies that these protections are subject to pretty ridiculous abuse. People have claimed extraordinarily ludicrous proprietary rights to everything from commonplace words (“spike”) to generic software functions (click to buy).

Now we have German publishers demanding payments from Google and other aggregators for the crime of pointing visitors to the publishers’ websites. Fair-​use excerpts are unfair without compensation, according to the German Association of Newspaper Publishers and others. The idea seems to be, “You must pay us if you give our work free advertising.”

Suppose the demanded licensing rules were confined to commercial contexts. If applied consistently, the rules would jeopardize a wide range of hitherto uncontroversial citations, e.g., in book and movie reviews, not to mention books and movies. Making the demand even sillier is that Google enables sites to block any displaying of their content, or to reduce a search result for their site to a bare link with no snippet of text. No site is obliged to benefit from the horror of receiving Google-​directed traffic.

Google is arguing its case publicly, and German business sentiment is hardly united in favor of mandatory licensing. According to Bernhard Rohleder, who heads an association of German technology companies, such legislation “would be unique worldwide [and would tell] investors: Innovative online services are not desired in Germany.”

Let’s hope sanity prevails. (Send me a nickel if you quote me on that.)

This is Common Sense. I’m Paul Jacob.