[d@DCC] Got some insight on that 50-50-50 Performance quandry.
cmacd at telecomottawa.net
Thu Aug 11 08:22:09 EDT 2005
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
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copyright as an "unpublished" performance.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...
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