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Carla Bruni Sues French Newspaper For 'Counterfeiting' After Posting Clip Of Her Singing WWII Song
from the counterfeiting dept
Eriq Gardner points our attention to the news that French first lady and singer Carla Bruni is suing a French newspaper claiming "counterfeiting," after it posted a 50-second clip of her singing Douce France, a 68-year-old song by Charles Trenet. As Gardner notes, in the US, this would almost certainly be fair use. But, in France... apparently it's considered "counterfeiting," because the snippet heard "was a simple draft version, a preparatory work and not a definitive recording." Is it any wonder that her husband, Nicolas Sarkozy, has been working hard to make sure France has the most draconian copyright laws around?
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Now if you want to see the more stringent moral rights in the world you should look at Asia in specific South Korea and Japan, you may think this is bad, but when you realize that punishment from infringement rarely goes up the tens of thousands of dollars and the focus is on terminating any harm and not punishment of the infringer you realize that the laws can be ridiculous but people can live with it.
On the other hand when people start focusing on punishing others things will get ugly.
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cat a list
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It does, but I don't see how there's a moral rights issue here. Moral rights tend to have to do with making sure someone is properly named and such...
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Huh? This isn't a replacement. This is a news report about the song, including a snippet.
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And this is why people hate politicians even more than they hate lawsuit-happy IP protectionists. Even their family members feel they can throw their weight around if things aren't going their way.
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The unions want to talk to you about all those services that you using to profit on the backs of the hard labor of others, without paying those workers their dues.
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But...
(translation: But what about the children?!)
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counterfeit?
Does counterfeit means something different in France?
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French copyright law does not have the concept of "fair use". But there is an explicit right of citation in the law. This means that people can cite a part of a copyrighted work without permission, if they properly attribute the creators of the work. I think this is the case here.
French copyright law also has moral rights. And it looks to me like Carla Bruni is trying this approach by now claiming that the recording was a draft version and that citing from it violates her moral rights.
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