Dean's douched up Impala ([info]herowlness) wrote in [info]veronicamarsfic,
2006-09-14 23:15:00
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  • Mood: pissed off

Should LJ have copyright-like rights over your fanfics?

THE OFFICIAL-SOUNDING STUFF
The United States delegation to the World Intellectual Property Organization (WIPO) has been one of the strongest supporters of efforts to create a new intellectual property right for broadcasters and cablecasters through a new WIPO treaty. If adopted, the treaty would give broadcasters, cablecasters and potentially webcasting companies 50 years of copyright-like rights over anything they transmit, including public domain and Creative Commons-licensed works. It would also give broadcasters legal protection to use technology to lock down content, giving them control over how you use broadcasts received by your television, radio and possibly personal computer and control over how those devices are designed and built.

The new Broadcasting Treaty is likely to restrict your access to knowledge and culture, and it lets broadcasters make decisions that should be left in the hands of creators and the public.
[Source]

If adopted, the WIPO treaty will give broadcasters 50 years of copyright-like control over the content of their broadcasts, even when they have no copyright in what they show. A TV channel broadcasting your Creative Commons-licensed movie could legally demand that no one record or redistribute it—and sue anyone who does. And TV companies could use their new rights to go after TiVo or MythTV for daring to let you skip advertisements or record programs in DRM-free formats.
[Source]

If that wasn't bad enough, the US contingent at WIPO is pushing to have the treaty expanded to cover the Net. That means that anyone who feeds your "sound and images" through a web server would have a right to meddle with what you do with the webcast simply because they serve as the middleman between you and the creator.
[Source] [More Information]

WHAT THIS MEANS FOR US
Anything posted to this community or elsewhere on LJ, should the internet expansion be included, would give LJ 50-year copyright-like rights over YOUR CREATIVE WORK. Even if you post it on your own webspace, your webhost would have the same sorts of rights, unless you own your own webspace. And even if you are on your own server space that you own and house and run and everything, your internet service provider could possibly lay claim to your work.

WHAT CAN WE DO ABOUT IT?
If you live in the US or US Territories, you can go here and have a form letter (which is editable, as you see fit) sent to your representatives. Even if you don't live in the US, you can still get the word out and do your best to make sure that this treaty dies before it goes into effect.

This community is supposed to be a place for each of us to post our OWN fanfic, not a place for us to post and hand over our rights to LiveJournal. This treaty cannot go on.

I know that this post (obviously) doesn't contain any fanfic, but this is very, VERY relevant to our community.

Get the word out. Link people here If you want to repost this somewhere else, please feel free to do so (or else link people here).
Tags: hell no - my fics are my own, mod post, yo!

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[info]musing_mia

September 15 2006, 04:52:51 UTC 5 years ago

Thanks for posting this. I'm adding it to my journal.

[info]herowlness

September 15 2006, 05:07:40 UTC 5 years ago

No problem. I'm just trying to get the word out as best I can ... :)

[info]tiscwslabmuz

September 15 2006, 05:03:20 UTC 5 years ago

son of a bitch. thank you for posting this.

arrrrgh. it is quite possibly the worst news ever.

[info]herowlness

September 15 2006, 05:08:17 UTC 5 years ago

Yeah, I know. This had better not happen, but at least now we're aware of it so we can (hopefully) prevent it from actually happening. :-\

[info]xjessica_faithx

September 15 2006, 06:33:08 UTC 5 years ago

OMG
That’s awful news! Thank you so much for letting us know!
I'm reposting it on my Lj page right now!

[info]gertinator

September 15 2006, 06:36:14 UTC 5 years ago

It seems like this would be the kind of nightmare to police that would render it totally worthless as a law. Also, most web carriers don't want to claim responsibility for the content of blogs, because then they can be sued. If they claim any rights, then they are considered liable for damages. I think the providers are probably much more worried about that then about any potential profits for perceived copy right (which is good, because then they will fight it). In fact, maybe the goal is to shut down the freedom of speech associated with the internet. (The current US admin doesn't like free speech much these days.)

Thanks for the info.

[info]lynnette_lacy

September 15 2006, 07:22:34 UTC 5 years ago

I couldn't have said it better myself. I am not all that worried, the american public won't stand for this. I don't think LiveJournal even wants that kind of responsibility. This will never happen. The government serves the people, eventually Bush will be out of office and the citizens will take back their civil rights (which have been disappearing left and right). I have to believe this reign of terror will not last forever. If things aren't better by 2010, I'm moving... to Amsterdam, or somewhere equally liberal... but not for the drugs... for the government... really... Ok bye now! (not for the sex either)

[info]meredith_

5 years ago

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[info]gertinator

5 years ago

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[info]ninepointfivemm

5 years ago

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[info]soharavsalienta

5 years ago

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[info]newredshoes

5 years ago

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[info]summonillusion

5 years ago

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[info]brianna_aisling

September 15 2006, 07:09:01 UTC 5 years ago

I'm reposting this to my journal and contacting mods on several writing communities. This is horrible, horrible news. Thank you for sharing it.

[info]herowlness

September 15 2006, 17:33:45 UTC 5 years ago

Awesome, thanks! I really only have fanfiction connections within the VMars fandom, so I appreciate your helping to turn this into more of a multi-fandom response. :)

[info]shinysylver

September 15 2006, 07:32:50 UTC 5 years ago

When it comes to fanfiction livejournal can't use any of it or claim responsibility because no matter how many disclaimers we write fanfiction is already a violation of copyright. We as individuals writing fic are small fish but if livejournal actually claimed the fics as theirs then they would be sued by so many different authors, publishers, and networks because they would be perceived as profitting. Big corporations (or other well known things like lj) generally don't come off well in fair use law suits.

Those of you with original fiction, ideas, etc. posted should definately be more concerned; however I don't think that even if this ridiculous legislation passes livejournal will do much with it.

[info]shinysylver

September 15 2006, 07:49:30 UTC 5 years ago

All that being said...US copyright law is continuously diverging from its original intent. The original intent was to encourage artistic development by protecting works for a set amount of time and then entering them into the public domain. Once they were in the public domain then people could use them how they liked creating new art.

Disney changed that by pressuring law makers into extending copyright protection for ridiculously long amounts of time so that Mickey Mouse won't enter the public domain. They are afraid that someone could use him in an add for condoms or some such if the copyright goes out. Many people believe that nothing created after 1920 will enter the public domain any longer because of Disney.

This new legislation looks to be a specific attack on certain new developments like tivo because rich companies are losing commercial revenue when people fast forward. There were similar outcries over the vcr.

Hopefully this won't pass and further prevent copyright law from actually encouraging art by favoring corporations. However, we have a congress that thinks that the internet is made of tubes and is only for the propagation of child pornography so I wouldn't place a bet on them making an intelligent choice.

Rant over...sorry for channeling my copyright law overview from library school.

[info]gileswench

5 years ago

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[info]shadow359

5 years ago

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[info]japewierd

September 15 2006, 07:37:17 UTC 5 years ago

Here via a link on my flist

Now I'll readily admit I didn't read the whole thing, in depth, but what I did read only mentioned "sound and images" and broadcasters, cablecasters and netcasters. So I don't think it applies to fic.

[info]belleweather

September 15 2006, 22:30:50 UTC 5 years ago

Re: Here via a link on my flist

I read it in depth for my intellectual Property class at UW Law School. It would NOT apply to fanfic or other written content, only broadcast content like sound and images.

[info]japewierd

5 years ago

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[info]valentinite

5 years ago

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[info]japewierd

5 years ago

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[info]skysha_tranqui

5 years ago

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[info]japewierd

5 years ago

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[info]fading_spark

September 15 2006, 07:46:17 UTC 5 years ago

Thanks for posting this. I've posted it in my own community - it's important to spread the news. :(

[info]herowlness

September 15 2006, 17:34:34 UTC 5 years ago

Excellent, thanks for your help! :)

[info]woman_of_

September 15 2006, 07:46:30 UTC 5 years ago

Posting this on my journal and my communities! Thank You for the warning!

[info]herowlness

September 15 2006, 17:35:38 UTC 5 years ago

Awesome, thanks! I'd like to think that this is just so out there that it'll never happen, but at the same time, I'm willing to do whatever I can (even in an over-reactive manner) to make sure that it doesn't. :)

[info]rivana

September 15 2006, 08:08:21 UTC 5 years ago

US legislation continues to baffle me. *sigh*
Let's all keep our fingers crossed.

[info]herowlness

September 15 2006, 17:39:59 UTC 5 years ago

Technically, it's not legislation.

Yet.

First, the treaty would need to be finalized, and then it would go to our representatives for approval. Of course, it's the US delegates to the treaty committee (or whatever) that are making this a hell of a lot more expansive than it really needs to be. Then again, I think that this is not a good treaty, even without the internet stuff.

=sigh= Plato really said it best, I think. “One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.”

[info]rivana

5 years ago

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[info]vicellious

September 15 2006, 08:37:26 UTC 5 years ago

Well, I don't live in the US, so am feeling a little powerless (and lazy) right now, but all power to those of you who feel like making a difference. You've definitely got my support! :)

[info]estantia

September 18 2006, 06:25:35 UTC 5 years ago

Same over here... but I think I'd like to see the actual wording first...

[info]mandarin226

September 15 2006, 09:46:51 UTC 5 years ago

Am I right in thinking that it's fans like us who put the TV shows where they are? Do these people really want to alienate us?

A pox on them all!

[info]alicia_jo

September 15 2006, 13:11:47 UTC 5 years ago

Went to the site and sent the letter they have. Thanks for the heads up, it was bad enough knowing I would be in college during Bush's time in office but this is just down right stupid!

[info]read_300300

September 15 2006, 21:55:23 UTC 5 years ago

Hey, the only way to look at the Bush thing is that at least you have someone that's easy to protest against.... That's how I look at it! *wink*

[info]15north

September 15 2006, 13:13:16 UTC 5 years ago

Thanks for posting this.

[info]wickedchocolate

September 15 2006, 13:23:37 UTC 5 years ago

I have to confess that I doesn't understand this threaty (literally).
Why should they have the rights over our work?
I am confused.
Copyright is different in Europe.
Here it protects rights the creator on his/her work.
The protection is for intellectual property which includes literary or scientific texts, plays, lyrics, music, paintings, pictures and so on.
Nobody has the right to do earn money with it or use it for marketing etc. without the agreement of the creator.
As far as I know the agreement we all had to sign before we became a member of LiveJournal did not include that we dispone our rights of the stuff we publish.
LJ insists on that they don't take responsibility for what is published in the journals so that they can't be sued.
You can't have to one without the other, or?

[info]15north

September 15 2006, 14:48:08 UTC 5 years ago

I completely agree with you on the 'one without the other' aspect.

Copyright is supposed to be like that here in the US (I hear about it all the time on the news when it comes to television commercials using music and even when DVD sets are released with different music and that's just the most common, in my experience) so I do not understand what they're trying to do. It really goes against copyright laws, in my mind, and LiveJournal's stance on things, like you mentioned.

I'm just as confused as you are. I really just don't get it. You would think that there were more important things to deal with at the moment, but, no, they're going after fans who aren't even asking for anything (i.e. money) in return. It's absolutely ridiculous.

[info]aldebaran1977

5 years ago

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[info]vkitty

September 15 2006, 14:18:36 UTC 5 years ago

I'll repost this on my journal because this CANNOT happen.

[info]herowlness

September 15 2006, 17:42:12 UTC 5 years ago

Excellent, thanks! :)

[info]rileysaplank

September 15 2006, 15:13:28 UTC 5 years ago

Got pointed here by [info]woman_of_ posting a link in [info]btvs_ats_q_a.

Thanks for posting that but the way that I read what the legislation is doing is that it's giving broadcastors and, if the internet extension goes through, webhosts copyright like control rather than the authors and artists giving up the copyright to their works. What this means (IMHO as I haven't seen the wording of the legislation) is that while we as the authors and artists have copyright over the works it means that the broadcastor or webhost has the copyright like control over the work if they see it being re-distributed without permission.

If you've ever gone to a website (like here on LJ) and wanted to complain about somebody infringing on your copyright one of the things you've got to certify is that you are the copyright holder or you are acting on the legal behalf of the copyright holder. So if a broadcastor or webhost (such as LJ) saw an infringement of copyright at present there is nothing they can legally do until they receive a complaint from the copyright holder. With this legislation they would be able to do something.

This, of course, is all dependant on the wording of the legislation but from what was in the post about it the broadcastors and webhosts are not taking any copyright away from the original copyright holder but are gaining rights to be able to go after people who are distributing illegally.

[info]jensucks

September 15 2006, 15:48:01 UTC 5 years ago

Wow thats insane! Reposting in my LJ and a couple fic coms im in...

I'm canadian but I know alot of people who aren't that should know about this.

[info]herowlness

September 15 2006, 17:42:54 UTC 5 years ago

Awesome, thanks! I only really have fic connections in this fandom, so whatever you can do to spread the word is much appreciated. :)

[info]chounette

September 15 2006, 16:30:06 UTC 5 years ago

Reposting this in my journal... This seriously can't happen. I feel a bit helpless as I'm Canadian, but I'm spreading the word around. :) Thanks for letting us know.

[info]herowlness

September 15 2006, 17:43:35 UTC 5 years ago

Thank YOU for helping to spread the word. :)

[info]anxiety_junkie

September 15 2006, 16:43:29 UTC 5 years ago

You really should consider posting this to ALL the fanfic sites to spread the word. Thanks for this! I sent a letter.

[info]herowlness

September 15 2006, 16:48:39 UTC 5 years ago

I only really have connections in this fandom, but I'm hoping that people who are involved in other fandoms will be (and already are) cross-posting this information.

You're welcome! :)

[info]anxiety_junkie

5 years ago

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[info]herowlness

5 years ago

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[info]stormkpr

5 years ago

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...and 2 more comments... from [info]owl_translator, [info]neo_teotihuacan Expand

[info]moire2

September 15 2006, 16:52:46 UTC 5 years ago

Thanks for keeping us informed!! You rock.

[info]azurehart

September 15 2006, 16:57:27 UTC 5 years ago

Thank you for getting the word out. I'll be posting a link to this in my LJ as well.

[info]herowlness

September 15 2006, 17:44:14 UTC 5 years ago

Awesome, thanks! :)

[info]spiderhides

September 15 2006, 17:55:37 UTC 5 years ago

Nothing that you have is safe any more. " Damn."

[info]adafrog

September 15 2006, 18:10:56 UTC 5 years ago

What the hell?

[info]miss_bushido

September 15 2006, 18:47:54 UTC 5 years ago

*Blinks* This is awful. I can't believe they're doing this.

Thanks for posting.
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