[d@DCC] Got some insight on that 50-50-50 Performance quandry.

[Charles MacDonald]

Remember a few weeks ago, where the proposed Bill C-60 had a provision 
that sounded rather strange, in that one could make a recording of a 
"performance" up to fifty years after the performance took place?

I was in a discussion on another list, and one of the participants from 
Italy said something that almost makes this provision make sense.

I quote (Hopefully as "Fair Dealing") part of his mail here....

> In all the legislation on copyright and international doctrine "tangible"
> means that can be touched. If you can read, or listen is not "tangible".
> 
> Internationally, this distinction is very important for the difference between
> "distribution" and "diffusion", that here in Europe is giving us some asleep
> night!

So if I were have to say  had my computer record my singing in the 
shower in 2003-2004  on a big RAID storage array in my basement..(I 
wish) I would have captured the performance but NOT in "tangible form". 
  On MY Hundredth Birthday in 2053, I could select some of what I had 
recorded, and Burn a CD, which then would be the first "tangible copy" 
of that performance.

(I could hand you the CD and say "This is my worst of the shower CD")

Under C-50, I would then have a further 50 years (presumably to get the 
rights to publish my warped versions of the songs) where I would have a 
copyright as an "unpublished" performance.

Finally after I bribe some record company to press it on holographic 
crystals or whatever they use in 2103, and still have another 50 years 
of copyright to spare.  My "performance would enter the Public domain in 
2153, or fifty years after I kick off, whichever is later.

Please don't shoot the messenger, I really HATE that interpretation 
myself.  If I had a magic wand I would love to go back to 17 years after 
creation of a "work", and a bonus of another 17 IF you renew, register, 
and provide a master copy to make public domain usage easy after the 34 
years from creation is up.




-- 
Charles MacDonald      cmacd at TelecomOttawa.net     Stittsville Ontario
1800+ Canadians oppose Bill C-60 which protects antiquated Recording,
  Motion Picture and "software manufacturing" industries from change...
                    http://www.killbillc60.ca