tag:blogger.com,1999:blog-12505562.post4202536985788098245..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Happy Birthday Now Pay the License FeeWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-12505562.post-18833820616342394422008-05-07T15:38:00.000-04:002008-05-07T15:38:00.000-04:00Interesting article. This post is in response to C...Interesting article. This post is in response to Chris' posting about the amount of effort it takes to determine copyright lineage.<BR/><BR/>One of the things that occurred to me when I read this is that there seems to be a hole in the copyright system, related somewhat to the lack of a registration requirement. The other forms of federally protected intellectual property -- patent and trademark -- not only require registration, but also some level of pre-protection vetting. <BR/><BR/>(Given the seemingly interminable slog to the respective presidential nominations, I shudder at using "vetting," but unfortunately that's what first came to mind.)<BR/><BR/>Copyright, on the other hand, does not require registration, no longer requires publication, does not require any independent assessment of validity (at least not through a federal office), and no longer requires notification (i.e. the copyright symbol). <BR/><BR/>Together, those realities seem problematic in a digitally networked environment (DNE), particularly the lack of required registration. Since virtually everything seems to be "born digital" (and, barring some unusual circumstances, presumptively eligible for copyright protection), sent digitally, easily reproducible in a digital format, it seems everything in a DNE invokes copyright and by extension, a potential copyright infringement.<BR/><BR/>Sure, the Act provides for exceptions/limitations, but those seem not to get traction because a DNE (among other factors) seems to foster an extreme (and perhaps irrational) desire for control by those entities or people that control valuable copyright portfolios.<BR/><BR/>It seems that given the networked environment we live in now and the nature of information creation and distribution, a robust copyright registration system is needed now more than ever, regardless of what treaties or trade agreements may require or allow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-41362688514690594862008-05-06T11:59:00.000-04:002008-05-06T11:59:00.000-04:00The interesting thing about this is the sheer amou...The interesting thing about this is the sheer amount of effort it takes to determine the lineage of the copyright to this one song. The ownership of orphan works is presumably even more complicated.<BR/><BR/>If there was ever a case to be made for a legislative solution to orphan works, this is it!Christopher Fulmerhttps://www.blogger.com/profile/16543538534660568711noreply@blogger.com