Chile's New Copyright Legislation Would Make Creative Commons Licensing Impossible For Audiovisual Works
from the no-freedom-to-make-it-free dept
Techdirt has written many times about the way in which copyright only ever seems to get stronger, and how different jurisdictions point to other examples of excessive copyright to justify making their own just as bad. In Chile, there's an interesting example of that kind of copyright ratchet being applied in the same country but to different domains. It concerns audiovisual works, and aims to give directors, screenwriters and others new rights to "match" those that others enjoy. Techdirt has already written about this bad idea in the context of the Beijing Treaty on Audiovisual Performances. But it turns out that Chile's proposed copyright legislation adds an extra twist that makes it even worse, because these rights will be unwaivable -- an approach we've seen before in Portugal. Here's what that will mean in practice, as explained on infojustice.org by Luis Villarroel, from the Chilean organization Innovarte:
the music composer of a work embedded in any audiovisual work, the writer of the drama, the Director, the camera man, etc, will not be able to waive their rights or license for free through a creative commons license or any other open licenses, or give works to the public domain.
According to Villarroel, the legislation is being promoted by the International Confederation of Societies of Authors and Composers -- and by Chilean collecting societies. By an amazing coincidence, the new licensing fees will all be administered by the latter. Villarroel first wrote about this move last year, when the legislation was approved in Chile's House of Representatives. Despite the delay, it is apparently back on the agenda, and will be considered by the Senate, the country's upper house, soon.
To make it worse, because of the national treatment obligations this bill will also apply to foreign audiovisual works.
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Filed Under: chile, copyright, creative commons
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Let's just remove another layer of deception shall we?
If you're not legally allowed to do what you want with your creation, up to and including giving it in it's entirety to the public should you so wish then it's not really yours now is it?
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Re: Let's just remove another layer of deception shall we?
Anyone willing to do anything about it or media with a big enough loud speaker to call a spade a spade? Few... to non-existent!
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Re: Let's just remove another layer of deception shall we?
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Re: Let's just remove another layer of deception shall we?
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Re: Re: Let's just remove another layer of deception shall we?
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a blanket and rope tied to four corners does wonders.
Probably the funniest thing I ever saw was that street vendors would lay out a blanket, tie a set of ropes to each corner meeting in the middle. The idea was if the police came around the corner, you could pull the rope from the middle the blanket and all your goods would get pulled up into a sack looking bag and you could just relocate to a new location.
Option two was to just offer the cop a DVD of their choice and you could go on selling for a while till the next patrol came by.
I even met a teen that would employ middle aged men to be the salesmen of the wares he download and burned the night before.
Needless to say a country can outlaw whatever it wants, people will just do it anyway and find more creative means to circumvent the law.
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Re: a blanket and rope tied to four corners does wonders.
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It's a surprise only for those ...
Copyright legislation is about protecting the income of publishers, and they have nothing to gain from public domain (or creative commons and such nonsense).
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etc cos there is so many public domain films on it .
This is just collection society,s looking for money
and sponsoring a bill .
So tv stations in chile will no longer show public domain films or some foreign programs as it will
hardly be worth working out all the payments
on older programs .
Also its a great attack of creators rights,
many writers give away some books ,ebooks to
promote their work and build up a fan base .
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