Legal Issues

by Mike Masnick


Filed Under:
copyright, fair use, india



Copyright Law Changes In India Could Gut Fair Use

from the that-can't-be-good dept

Well, here we go again. Reports are coming out of India about new draconian copyright law changes that were apparently decided on between the government and the recording industry with little to no input from everyone else the new laws would impact. Among the concerns? The new law would significantly strip fair use (fair dealing in India) rights, to the extent that they are effectively useless. This seems to happen over and over again in different countries. The recording industry and copyright maximalists of course will all claim that it's in an effort to "harmonize" the rules between countries, but harmonization is a codeword for a big game of leapfrog, whereby the industry pushes for more draconian laws in one country, and then demands that other countries need to "harmonize." Of course, somewhere along the way, they also convince one or more of those countries to make their "harmonized" law even more draconian than others, and suddenly everyone else has to "harmonize" again, leaving open the opportunity to ratchet the laws up even more.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    MarksAngel (profile), 30 Nov 2009 @ 7:52am

    Sheesh

    reply to this | link to this | view in chronology ]

  • icon
    Tor (profile), 30 Nov 2009 @ 7:58am

    "Harmonization"

    It's a bit ironic that the Chinese government refers to censorship as "harmonization" (actions that restore "harmony"). I believe it was mentioned in this interesting presentation about internet censorship in developing countries.

    reply to this | link to this | view in chronology ]

  • identicon
    Anubhav Chattoraj, 30 Nov 2009 @ 7:59am

    Industry involvement?

    I wouldn't be so sure.... Kapil Sibal, the guy who's ministry is working out the amendments, was in the news earlier this year for revamping the school exam system to judge students, among other things, on their attitudes and stuff.

    Judging by the guy's track record, it seems much more likely that we're seeing one man's (misplaced) idealism run amok, not the long hand of the RIAA finally making inroads into India.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 30 Nov 2009 @ 8:10am

      Re: Industry involvement?

      >>Judging by the guy's track record, it seems much more
      >>likely that we're seeing one man's (misplaced) idealism
      >>run amok, not the long hand of the RIAA finally making
      >>inroads into India.

      Exactly. US Law is US Law because disputes in the Law have gone through Due Process based on that sovereign country's law.

      Logically, and ethically, you don't pin someone in a corner and ask them to change their law because it's more convenient than it's own citizens challenging the law in court.

      But if they lack ethics, The "Old White Man Wilford Brimley" answer to their problem should apply to Fair Use across the globe. Keep trotting the same guys out and make sure they keep parroting the same talking points. After all in their mind, "It's the right thing to do and the tasty way to do it."

      reply to this | link to this | view in chronology ]

  • icon
    senshikaze (profile), 30 Nov 2009 @ 8:02am

    David Thoreau may have been on to something

    Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience, then? I think that we should be men first, and subjects afterward. It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right.

    Adhering to an immoral law makes you immoral.

    Nothing to do with the subject, but a great quote anyway:

    I heartily accept the motto, "That government is best which governs least"; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe — "That government is best which governs not at all"; and when men are prepared for it, that will be the kind of government which they will have.

    Both come from Civil Disobedience.
    Highly recommend everyone read it.

    reply to this | link to this | view in chronology ]

  • identicon
    Mechwarrior, 30 Nov 2009 @ 8:20am

    Everytime I see the word "harmonize" I can't stop thinking about the orgies from Brave New World. Thats not a good thing.

    reply to this | link to this | view in chronology ]

  • icon
    Hephaestus (profile), 30 Nov 2009 @ 8:37am

    After Reading The Article ...

    I say this alot 1)take gun 2)aim at foot 3)pull trigger.

    This is yet another very short sighted move by the content companies. Just like ACTA, UK's digital economy bill, and the copyright changes in south Korea, this will back fire. The collection agencies will start by charging a minimal sum, then begin upping the fee's charged, then charging people for playing music to horses, then fining people for public use of ring tones.

    A short while ago Australian clubs began working together to build play lists of indie artists to circumvent the collection societies. This has yet to catch on in other parts of the world, but eventually it will.

    The unintended consequences for the music industry will be a boost to independant music, with more web broadcasters playing only indie music, more radio stations running second and third indie channels, more clubs playing indie music. This will lead to less money coming in for the collection agencies, and yet again higher fees, and even more draconian IP laws.

    This change to IP law, the game of wac-a-mole, the alienation of fans, the fines, three strikes, are all leading us down a very interesting road. A road that makes me smile because I see the future slowly happening outside the media industry.

    All we need now is that one disruptive business plan to change things ...... GRIN

    reply to this | link to this | view in chronology ]

    • icon
      senshikaze (profile), 30 Nov 2009 @ 8:46am

      Re: After Reading The Article ...

      Business Plan: "Destroy the System"

      1)make music/art/etc
      2)give all of item 1 away for free
      3)???
      4)profit

      It is so brilliant it will have to work.

      (im not trying to snipe you, I agree with much you say. I just can't see a business plan that is acceptable to all sides: the creators, the consumers, and the people who will sooner or later weasel their way in between.
      I like jamendo alot for this reason. Jamendo is just a means to an end, and it doesn't hide the artist from me like a normal "label" would. Freedom to the creator and to the consumer.)

      reply to this | link to this | view in chronology ]

  • identicon
    good, 30 Nov 2009 @ 9:27am

    grins evilly

    about time someone curbed that indian influence on the world
    and im glad hollywood lobbied to gt rid of indian culture on the internet GO HOLLYWOOD ..USA, FRANCE, INdia
    all you need to do now is kill canada and europe and there will be no more culture left haha

    reply to this | link to this | view in chronology ]

  • icon
    WammerJammer (profile), 30 Nov 2009 @ 9:30am

    Copyright Law Changes In India Could Gut Fair Use

    Once again they pass laws without a place to go to make sure you are legal.
    Can you go to ASCAP and rent the usage of one of it's titles? NO!!!
    Can you go to BMI and rent the usage of one of it's titles?
    NO WAY!!!
    Can you go to SESAC and rent the usage of one of it's titles?
    NO AGAIN!!
    How are you supposed to be legal if there is no simple way to pay for it?
    I went to the ASCAP web site and couldn't find a way to add yourself as a publisher or to pay fees on one of their published titles.
    So everyone in India will become criminals. Who gives a shit. Time to start paying for all the jobs they stole.

    reply to this | link to this | view in chronology ]

  • identicon
    Lucretious, 30 Nov 2009 @ 10:09am

    Don't Italian prosecutors have more important things to do like making sure that local politicians live long enough to actually run the country without dying in a car bombing?

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 30 Nov 2009 @ 12:32pm

    India will do what India darn well pleases when it comes to its national laws, and since I do not live in India all I can muster concerning this article is a big "Yawn".

    reply to this | link to this | view in chronology ]

    • identicon
      Anubhav Chattoraj, 30 Nov 2009 @ 8:21pm

      Re:

      All my mind csn muster concerning this comment is "So why the hell did he (she?) bother commenting if he had nothing to say?"

      reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Special Affiliate Offer

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.