Harvard prof on RIAA anti-piracy tactics

The number of challenges to the US recording industry's approach to copyright infringement is on the rise. But a new challenge, by Harvard law professor Charles Nesson, has "opened a new front" in the battle between the RIAA and music file-sharers, Computerworld reports. It challenges the constitutionality of the statute the RIAA has used in thousands of cases against file-sharers. Nesson argues that it's a criminal statute unlawful to use in civil cases. "He also challenged the constitutionality of the steep penalties for copyright violations that are provided under the act. The penalties range from $750 to $30,000 per infringement, with a maximum of $150,000 for certain willful violations," according to Computerworld. Nesson likens the tactics to the creation of a "private police force giving out million-dollar tickets ... using the courts as "collection agencies." So far legal challenges to the RIAA's campaign "have tended to focus on the constitutionality of the statutory fines provided under the copyright act," Computerworld adds. BTW, for your kids or students, here's a fun, animated explanation of fair use in copyright law, "A Fair(y) Use Tale" at YouTube. It's by Prof. Eric Faden of Bucknell University and, as he puts it, "delivered through the words of the very folks we can thank for nearly endless copyright terms." See also "Defending remixers, future artists."

Defending remixers, future artists

In light of the new intellectual property law President Bush just signed (see this yesterday), it's interesting to read the story about how 13-month-old Holden Lenz's 29-second dance video on YouTube became a case of "willful copyright infringement under the laws of the United States" whereby Holden's mother "is liable to a fine of up to $150,000," Stanford University law professor Lawrence Lessig writes in the Wall Street Journal. "We are in the middle of something of a war here - what some call 'the copyright wars'; what the late Jack Valenti called his own 'terrorist war,' where the 'terrorists' are apparently our kids." He goes on to suggest that we "decriminalize Gen X [and Y and the Millennials!]" and "deregulate amateur remix," which "could drive extraordinary economic growth, if encouraged, and properly balanced." See also "Break the Digital Millennium Copyright Act," the last of "5 dangerous things you should let your kids do," a video of a talk by Gever Tully, founder of the Tinkering School, in which kids learn to build things.

For media students & young video producers

Two weeks ago I mentioned Stanford Prof. Laurence Lessig's comment about the impact on young people from knowing that remixing media, a way of life for them, is technically illegal. "That realization is extraordinarily corrosive, extraordinarily corrupting," he said in a speech. Now American University's Center for Social Media has advice for video makers in the form of a Code of Best Practices for Fair Use. And here's the test for when it is and isn't "fair and legal to use other people's copyrighted work to make your own.... Take this tour of remix culture classics [it's a great remix video they've put together], and use the Code of Best Practices in Fair Use for Online Video to make your own decisions." Great fodder for a media literacy or law class!