Czech Proposal On Copyright Law Would Require Artists To Get Collection Society Approval To Use Creative Commons?

from the the-attack-on-creative-commons-continues dept

The various attacks on more free and open licensing options for artists continues. We've already detailed ASCAP's misguided attack on Creative Commons as some sort of attempt to undermine copyright, rather than simply a way to give copyright holders more options. And now, Slashdot points us to a report from ZeroPaid on a draft of a new copyright law in the Czech Republic, which seems like a direct frontal attack on alternative licensing schemes:
Under the draft text, anyone who wants to use a public license must report to a copyright collective administrator. The administrator would then review the work in question and the creator would have to prove that he or she has created that work in the first place. Then, and only then, can a creator legally use a public license of their choice.
Once again, it looks like the gatekeepers, despite their claims, aren't looking out for the best interests of content creators, but for the best interests of the gatekeepers.

Filed Under: copyright, czech republic, licensing creative commons


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  1. identicon
    darryl, 28 Aug 2010 @ 7:52pm

    How simple is this !!

    So someone puts a work in the creative commons that is not their own original work. It belongs to someone else, who owns the copyright on that work.

    (with me so far).

    So now a copyrighted work is also in the CC, the owner of that copyrighted work find out about this, and makes a copyright claim on that work.

    Its a popular work (in his little country) and it makes him a huge amount of money.

    So the court rules in his favor, the CC is required to pay damages of 100 million dollars.

    The CC cannot afford that money, so the copyright owner of the copyrighted work (that he just proved in court).

    Now takes ownership of the CC's assets, that included all the works licensed under the CC.

    He relicenses all those works under copyright (he now owns them after all), as is his legal right to do.

    And all the works previously under the CC are not owned by one person and they are all copyrighted.

    Or you could simply do the proper legal requirements of probaty, make sure you are not putting yourself or your organisation at risk of litigation.

    And you stand a stronger chance when you get to court that you at least tried to be legal and to make sure your system was not being abused.

    But if you do nothing, and turn the CC into the wild west, where there is no law, and few rules.

    That you will end up in trouble.

    So I dont see what your problem is here, if you are not intending to GAME the system, and if your work is original you dont have a problem.

    Sure, if your work is not yours, (therefore someone elses) and that someone else has a copyright, you have NO RIGHT to enter that work in the CC.

    And doing so would damage the CC, the CC would fail if even a small number of copyrighted works ended up in it.

    Do you not understand that ?

    You want to play the game, fine, then expect to play by the same rules.

    Ofcourse you cant copyright an allready copyrighted work, so why on earth do you think you could CC a work that is allready under some other license system?

    You dont the rules even need to be applied to you ?

    When you willfully do not follow the rules, it becomes a "willfull" crime, which is much worse.

    If its "we dont want those rules because we know we will break them" then you are on a path to epic failure.

    Or if its "We welcome the rules because we intend to abide by the law, and work in society, we welcome the rules because we have no intention of breaking them".

    And what "rule" are you complaining about ?

    That rule is "DONT SUBMIT WORKS TO THE CC THAT YOU DO NOT OWN, OR DID NOT CREATE YOURSELF"

    Gee, such a tough rule, I can see why you would be so upset about it :) (/sarc)

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