POV-Ray : Newsgroups : irtc.animations : Copyright infringements? : Re: Copyright infringements? Server Time
25 Apr 2024 17:50:30 EDT (-0400)
  Re: Copyright infringements?  
From: John VanSickle
Date: 19 Jan 2003 03:44:00
Message: <3E2A6554.419F9EB2@hotmail.com>
argus wrote:
> 
> "Warp" <war### [at] tagpovrayorg> wrote in message
> news:3e294b0b@news.povray.org...
> > John VanSickle <evi### [at] hotmailcom> wrote:
> > > 1)  View animations with the sound turned off.
> >
> >   Ignoring the problem does not remove the problem.
> >   The question is not whether you can listen to the music or not.
> >   The problem is that the author of the animation has violated
> >   copyright. Viewers turning sound off does not fix this.
> 
> <rant:hot button issue>
> 
> Who's copyright?
> This is the IRTC, eh? Not the AmericanRTC.
> 
> The point is that what may be protected in the USA is public domain in
> the rest of the world.

Since one of the people to whom you are responding is Finnish, I
think we know this already.

> Other points:
> 
> 1. Copyright infringement is a pursuit for those who believe their
> property has been infringed. No action is ever taken without a
> complaint by the ip owner. It is not the job, or duty,  by either law
> or IRTC rules, for anyone to police copyright issues vis a vis IRTC
> entries.

Dude, we are not talking about hauling the copyright violators into
court.  Are are talking about whether and how to exclude copyright
violations from the contest.

> 2. Though it is customary in some venues in some areas of the world to
> always acknowledge that permission by the ip owner has been granted,
> it is neither mandantory to do so legally nor is it even peripherally
> mentioned in the IRTC rules and guidelines. Who is to say (or who will
> investigate) if permission has been given or that royalties have been
> paid?

Exactly what part of "You may not violate copyrights of any sort" do
you not understand?

> 3. It is, and always will be, the prerogative of the admin team to
> modify, enhance, change or otherwise express the rules of the IRTC.
> There is nothing, at present, that addresses the use of copyrighted
> music other than to suggest it is an unnecessary and likely ignored
> unrequired part of an entry.

Exactly what part of "You may not violate copyrights of any sort" do
you not understand?

> 4. Should the current state of the rules and guidelines change, I
> would suggest someone volunteer to collate and coordinate all the
> differeing copyright laws vis a vis public domain and be prepared to
> deal with severe multi-jurisdictional issues.

Exactly what part of "You may not violate copyrights of any sort" do
you not understand?

> No one can authoritatively write about someone's alleged copyright
> infringement without specific knowledge,

You are.  You're saying it's okay.

> Remember, there is no infringement without a complaint by an alleged
> owner and without a formal legal proceeding followed by a judgement in
> court.

This is as absurd as saying that there was no robbery because the
victim didn't file a police report.

> Notwithstanding the very recent US Supreme Ct. upholding of the
> Bono/Disney virtually eternal extension of US copyright,

Exactly what part of "You may not violate copyrights of any sort" do
you not understand?  If it is illegal anywhere, it is prohibited in
the IRTC.

> If one of our entrants from France or Germany (or other) legally uses
> what is public domain music in their country - just how are American
> judges and entrants going to object?

Exactly what part of "You may not violate copyrights of any sort" do
you not understand?  If it is illegal anywhere, it is prohibited in
the IRTC.

> Finally - I personally believe original music mixed into an original
> IRTC anim entry is best, but I am not about to make any unfounded
> judgements about an entrants use of music. It's not a germane part of
> the judging process and there are too many unvoiced assumptions being
> made about the legalities with respect to any individual entrant's
> home country laws.

And the biggest assumption is one that you're making:  That an abuse
by one entrant won't get the whole IRTC dragged into copyright court.

The IRTC should amend the rule on use of IP to state that all material
not created by the entrant must be declared in the .TXT file that comes
with the entry, and that all permissions to use material created by
others must include permission to borrow for commerical use (since
IRTC CD-ROMs are sold).

> - if it is an issue, especially considering that there is no
> infringement without an owner's complaint.

And no rape without a police report by the victim.  Sheesh.

Regards,
John


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