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Combating Online Infringement and Counterfeits Act
Joshua Prezant, Photographer
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North Miami Beach | FL | USA | Posted: 11:51 PM on 10.19.10 |
->> REMEMBER PILFERED MAGAZINE?
Last February we made you aware of Pilfered Magazine, an online magazine that freely took images from photographers without their permission and didn’t credit or compensate the photographers. Because of your emails, Tweets, and postings on blogs and Facebook, the magazine was shut down in a weekend and has never reopened.
It is important that we take collective action on this bill too. Pilfered is not the only website that hosts and offers infringing material. This bill will help remove other websites like Pilfered from the internet.
The U.S. Congress is debating a bill that could help millions of artists around the world. If passed, the bill would allow the government to target and shut down “internet sites dedicated to infringing activities” which are “primarily designed” to access unauthorized copyrighted material. Tell your representatives to vote YES to the Combating Online Infringement and Counterfeits Act (COICA).
http://www.capwiz.com/musicrightsnow/issues/alert/?alertid=17640511&type=CO
**TAKEN FROM E_MAIL FROM ASMP*** |
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Bruce Twitchell, Photographer
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Coeur d'Alene | ID | USA | Posted: 12:49 AM on 10.20.10 |
->> Took 1 minute. Done.
Thank you for sharing this. |
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Michael Fischer, Photographer
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Spencer | Ia | USA | Posted: 9:26 AM on 10.20.10 |
->> Done.
Just do it. |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 9:47 AM on 10.20.10 |
| ->> +1 |
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David Harpe, Photographer
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Denver | CO | USA | Posted: 10:24 AM on 10.20.10 |
->> I know it's a trivial thing, but since the OP and the link above omitted it, here's a link to the bill you're supporting:
http://www.govtrack.us/congress/billtext.xpd?bill=s111-3804
Kinda useful to know before you start giving the Government more power over things...
The bill basically revolves around giving the Government power to seize control of Internet domains. That's a really sticky subject, because as we've seen in the past, the Government kinda doesn't understand how the Internet works. Collateral damage is easy to imagine.
The main weapon of enforcement in this bill is the government being able to shut down web sites when they feel a site is infringing on Intellectual property. Think about that for a minute. Do you really trust your typical running-for-election Attorney General to make that determination accurately?
The bottom line is you already have at your disposal more than sufficient remedies for pursuing thieves who steal your work. If you take the time to register your images with the Copyright office, there are civil processes we're all too familiar with that will allow you to go after anyone or any entity wholesale copying your stuff. All the major web sites have ways of reporting copyright infringers, and people have and do use them successfully.
Giving the Government another tool to mess with an information medium should be done only with very careful consideration. Tread very carefully, because it's hard to unring these bells. |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 11:37 AM on 10.20.10 |
->> Dave if I ran a storefront that operated solely to sell knock-off handbags and shoes, the government would show up and close me down. The doors would get chained and locked and I'd have to prove that the merchandise was legit. I read the bill that you linked too and it would appear to allow the same action in the cyber-sphere.
Maybe I'm missing something..... |
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Israel Shirk, Photographer, Assistant
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Boise | ID | US | Posted: 12:06 PM on 10.20.10 |
| ->> The missing something is verification of who is stealing what. So someone could rip off portfolios, then have the original owner shut down without the opportunity for them to protest it in court. This bill is a really bad idea. |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 12:30 PM on 10.20.10 |
->> Someone COULD do that..... Then they could face the music (pun intended) for filing a false complaint with the AG. There is a process for judicial review.
(4) JUDICIAL REVIEW-
‘(A) IN GENERAL- After the Attorney General makes a final determination on a petition to remove a domain name appearing on the list established under paragraph (1) filed by an individual pursuant to the procedures referred to in paragraph (3), the individual may obtain judicial review of such determination in a civil action commenced not later than 90 days after notice of such decision, or such further time as the Attorney General may allow.
‘(B) JURISDICTION- A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia.
‘(C) ANSWER- As part of the Attorney General’s answer to a complaint for such judicial review, the Attorney General shall file a certified copy of the administrative record compiled pursuant to the petition to remove, including the evidence upon which the findings and decision complained of are based.
‘(D) JUDGMENT- The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming or reversing the result of the Attorney General’s determination on the petition to remove, with or without remanding the cause for a rehearing.’. |
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Butch Miller, Photographer
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Lock Haven | PA | USA | Posted: 1:26 PM on 10.20.10 |
| ->> ... well if this law does pass ... don't gorget to use only royalty free/authorized music on your web site ... seems a lot of photogs are strict on when their works are infringed, but I am amazed that many are using Top 40 hits on their sites ... which is fine if you have permission/authorization to do so, but alas few do .... |
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Yamil Sued, Photographer, Photo Editor
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Peoria | AZ | USA | Posted: 1:58 PM on 10.20.10 |
->> I'm with Eric here...
If I find that my work shows up on a website (Not on Press Releases) without my permission or Monetary Compensation, I will either have them take it down or Bill them for use!! There's no Judicial Review needed here, My Image, no Permission=BAD!! Or I could just have the ASMP Legal Council(The Prince of Darkness) take over and make them sorry they messed with me. |
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David Harpe, Photographer
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Denver | CO | USA | Posted: 2:40 PM on 10.20.10 |
->> Dave if I ran a storefront that operated solely to sell knock-off handbags and shoes, the government would show up and close me down.
If it's that blatant, sure, it works as advertised. But it's not about when they get it right - it's when they get it wrong...and with the Internet and anything technology-related, the Government gets it wrong A LOT.
As all of the "war on drugs" horror stories have shown, when the Government gets this type of thing wrong and someone innocent gets caught in the mistake, it's very difficult for an individual to get it fixed. They are the Government, they have time and unlimited resources. Private citizens do not, and many can't fight the mistake.
When adequate resources ALREADY exist to fight this kind of thing, it's redundant to add this to the pile. It's a political bill, plain and simple. What do you expect? All but a couple of the bill sponsors were born before people had color televisions. My guess is not one of them could even give you the basics of how the domain registration system works. |
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