Comments on: http://copyrightcommerceandculture.com/2009/09/20/168/#utm_source=feed&utm_medium=feed&utm_campaign=feed E59.1405, The Media, Culture, and Communications Department at the Steinhardt School of Education at NYU Sun, 05 Feb 2012 19:50:47 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: superhawk http://copyrightcommerceandculture.com/2009/09/20/168/comment-page-1/#comment-25 superhawk Tue, 22 Sep 2009 13:22:18 +0000 http://copyrightcommerceandculture.com/?p=168#comment-25 If the board only makes sense to larger entities, then the whole system is basically pointless. For any larger entity, it's highly likely that their work is not going to have a very significant market effect and all that people before that board are going to need to say is "that groups plans to make a ton of money using my work. This is the quintessential protection granted by copyright." With this in mind, most large companies and groups would just forget the whole thing all together. It sounds like a bureaucratic nightmare to me. Non-profits and NGOs might use the board, as some of their productions are non-commercial, but the need here is with the common citizen. Yes, they might sit through the whole process because they don't have the money to just license it, but overall this system would just hurt non-commercial creativity because A) having an official board, regardless of bureaucracy, gives the copyright holders a very persuasive argument of "why didn't go through the official channels, and B) because of that people who think they have a cool idea for something are just going to quit before they start because they don't have the time to go through this board. If the board only makes sense to larger entities, then the whole system is basically pointless. For any larger entity, it’s highly likely that their work is not going to have a very significant market effect and all that people before that board are going to need to say is “that groups plans to make a ton of money using my work. This is the quintessential protection granted by copyright.” With this in mind, most large companies and groups would just forget the whole thing all together.

It sounds like a bureaucratic nightmare to me.

Non-profits and NGOs might use the board, as some of their productions are non-commercial, but the need here is with the common citizen. Yes, they might sit through the whole process because they don’t have the money to just license it, but overall this system would just hurt non-commercial creativity because A) having an official board, regardless of bureaucracy, gives the copyright holders a very persuasive argument of “why didn’t go through the official channels, and B) because of that people who think they have a cool idea for something are just going to quit before they start because they don’t have the time to go through this board.

]]> By: ams799 http://copyrightcommerceandculture.com/2009/09/20/168/comment-page-1/#comment-24 ams799 Mon, 21 Sep 2009 20:33:57 +0000 http://copyrightcommerceandculture.com/?p=168#comment-24 I do agree that some of Carroll's solutions do seem idealistic. By creating the Fair Use Board, Carroll believes that copyright law would improve through the balancing of freedoms of the authors with the public's fair use of copyrighted material. However, to create such a Board takes complex organization and a lot of money for the hope and possibility that it would improve the current copyright system. Carroll says the process would ideally be self-funded, but the reality of that seems unlikely. This process could end up being time and money consuming, which could prevent people from even attempting to try and gain fair use protection. The outline of timing could also potentially cause problems if the copyright owner can't be found to file a suit against the use of his/her copyrighted material. Carroll does make an important conclusion that uses of copyrighted material often fall into patterns. If over time these specific fair uses were recognized, then maybe some clarity can be brought to the current structure of fair use protection. Fair use has always embodied a sense of uncertainty because the law does not always guarantee fair use. Exceptions to the rules often come to light somehow and often blur what has been decided before. I do agree that some of Carroll’s solutions do seem idealistic. By creating the Fair Use Board, Carroll believes that copyright law would improve through the balancing of freedoms of the authors with the public’s fair use of copyrighted material. However, to create such a Board takes complex organization and a lot of money for the hope and possibility that it would improve the current copyright system. Carroll says the process would ideally be self-funded, but the reality of that seems unlikely. This process could end up being time and money consuming, which could prevent people from even attempting to try and gain fair use protection. The outline of timing could also potentially cause problems if the copyright owner can’t be found to file a suit against the use of his/her copyrighted material.

Carroll does make an important conclusion that uses of copyrighted material often fall into patterns. If over time these specific fair uses were recognized, then maybe some clarity can be brought to the current structure of fair use protection. Fair use has always embodied a sense of uncertainty because the law does not always guarantee fair use. Exceptions to the rules often come to light somehow and often blur what has been decided before.

]]> By: Kfwhel http://copyrightcommerceandculture.com/2009/09/20/168/comment-page-1/#comment-23 Kfwhel Mon, 21 Sep 2009 13:20:19 +0000 http://copyrightcommerceandculture.com/?p=168#comment-23 I also felt Carroll's solutions were unrealistic. I agree that fair use has very blurred guidelines but the advisory panel he suggested sounds like a waste of time and money. I don't have a better solution but someone must. I also felt Carroll’s solutions were unrealistic. I agree that fair use has very blurred guidelines but the advisory panel he suggested sounds like a waste of time and money. I don’t have a better solution but someone must.

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