Australian Recording Industry Group Tries To Assert Copyright On A Picture of a Piece of Paper
from the we-like-the-law-when-it-suits-our-purposes dept
A site called Earsucker.com recently posted a couple of images of a leaked itinerary from pop artist Lady Gaga's Australian tour, detailing her (largely uninteresting) schedule for a couple of days, prompting a friendly letter from Australian music industry group MIPI, threatening legal action if they weren't removed. Unsurprisingly, the group claimed the images infringe some undefined copyright, as well as breach some confidentiality. Earsucker responded with some helpful legal education by pointing out that it's based in the US, where Australian copyright law doesn't apply (not yet, anyway), and that it can't be held responsible for some third party's breach of confidentiality with Lady Gaga or her management.That's all well and good, but it misses two important questions: first, what in these images could be protected by copyright? Second, what the hell does MIPI or its backers gain from getting this piece of content taken down on a copyright claim? It's understandable that Lady Gaga and her management wouldn't want this sort of info appearing online for security reasons. But what's it got to do with MIPI (which stands for Music Industry Piracy Investigations)? This sort of episode, in which somebody uses the threat of a copyright lawsuit to get content they simply don't like taken down, reinforces the need for real repercussions for bogus takedowns and threats. Copyright laws and legal threats shouldn't exist as vehicles for record companies and their pals to stifle free speech, but when they can do so with no real repercussions, it's hard to imagine they'll actually stop.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, earsucker, infringement, lady gaga, mipi
Reader Comments
Subscribe: RSS
View by: Time | Thread
Well...
To be fair, the population of Australia is about that of the New York City metropolitan area, so maybe the MIPI also handles tourism security due to manpower constraints....
Or maybe they're tools, I dunno....
[ link to this | view in chronology ]
Re: Well...
As for the real repercussions how about a novel application of anti-Slapp legislation and sue back on that basis. It could be enough to force discovery where you could really embarrass these goons.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Except the problem with your logic is these are not facts. Because concert dates are in the future, there is no guarantee they will happen. Until they happen, they are not facts. This is an itinerary, a creation. Not a set of facts.
That's not to say that the whole thing isn't stupid. So next time, make an argument that makes sense.
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Thank you
[ link to this | view in chronology ]
doesn't apply (not yet, anyway)
People need to educate themselves about what's really going and do something about it. Start some fires, call some fewls out, get mad, and don't stand for the tyranny they are unleashing on all of us. We run this shit, not them, we together have all the power if we can just get the crusts out of our eyes..
[ link to this | view in chronology ]
Re: doesn't apply (not yet, anyway)
Wait... let me rephrase that.
Happy/comfortable/complacent people don't bother to try to change things. Even so, regardless how ignorant a person is, (s)he won't try to change something which cannot be changed.
So, in order for a REAL revolution to come about--everybody must (A) be miserable, and (B) come to the realization that they can in fact do something about it.
The trick to 'leading' a nation is to keep the people comfortable and far too busy with the magic tricks in your left hand to ever notice the knife in your right hand.
[ link to this | view in chronology ]
Re: Re: doesn't apply (not yet, anyway)
[ link to this | view in chronology ]
Re: Re: Re: doesn't apply (not yet, anyway)
[ link to this | view in chronology ]
Re: Re: Re: Re: doesn't apply (not yet, anyway)
Better the evil you know than getting raped by raporists.
[ link to this | view in chronology ]
Publicity....
[ link to this | view in chronology ]
Re: Publicity....
[ link to this | view in chronology ]
I may rather creatively crumple a piece of paper into some interesting shape that would impress millions of people, and then by all means it should be copyrightable (whether it should be COPYRIGHTED in the end is not a subject of this discussion). But if I just crumple a paper napkin and throw it away -- NO WAI. There are gradations, and you CAN NOT establish a clear threshold between "can" and "can't".
(Sentience is the same way. You think animals are not sentient? Hell they are. Just not in the same direction as you, and, well, admittedly, not always as much as you.
"For instance, on the planet Earth, man had always assumed that he was more intelligent than dolphins because he had achieved so much - the wheel, New York, wars and so on - whilst all the dolphins had ever done was muck about in the water having a good time. But conversely, the dolphins had always believed that they were far more intelligent than man - for precisely the same reasons." -- Douglas Adams.)
[ link to this | view in chronology ]
Re: copyrightability (just.....)
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Bogus takedowns are all too real
I have NOT heard back from MIPI at *all* since our open-reply to their legal threat. I don't know what it is about the music and entertainment industry, but I am annoyed at the frequency that legal departments are blatantly abused in sending bogus takedown threats to bloggers and independent websites like EarSucker.
I freely admit that I'm not a legal expert, but I know enough to toe the line and stay compliant with copyright and fair use. As a small business guy, we have to stay legal so many different ways and to get some kind of sternly-worded threat from *a whole other country*, well let me just say it looked like a softball begging to be smacked around the internet for everyone's amusement.
[ link to this | view in chronology ]
Re: Bogus takedowns are all too real
[ link to this | view in chronology ]
Re: Re: Bogus takedowns are all too real
Oh, hi TAM.
[ link to this | view in chronology ]
mipi
[ link to this | view in chronology ]