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Friday, June 5, 2009

Copyright

Definition
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

When you own the copyright, you have the "exclusive rights" to: reproduce the copyrighted work, display the copyrighted work publicly, and prepare derivative works based on the copyrighted work, and distribute copies of the copyrighted work to the public by sale, rental or lending.

Issues
The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free,

The act of copying is actually a fundamental human drive. It can be seen everywhere, in everything, from fashion to linguistics to basic human development. Children are obsessive copiers. They dedicate a large amount of their time to imitate their parents, One of their principal learning strategies is copying others while doing the activity they want to be able to perform.

All new technological inventions are strongly supported by pre-existing technological inventions.It also happens with many other types of human creations.

Americans during the first hundred years of the existence of their republic did not honor/respect foreign copyrights; which implies that they where born in a pirate kind of nation, Therefore foreign countries are unlikely to be willing to respect Americans copyrights nowadays,

35 comments:

Anonymous said...

You used the term "pirate nation" - what an accurate and poetic term! I think in the past decade and a half, the world wide web has gone from the "wild west" of old America to a universe of pirates.

Can I protect the poetry I post online? Well, probably, with some effort. It's date-stamped and you wonderful people read it, so I could collect statements from you and either challenge the offender in court (if possible) or send them to the host of wherever my copied poems turn up. Ultimately it's a risk I take, because can one really ever copyright a thought, an idea?

human being said...

love the way you tap on a theme and there arises a bunch of waves to follow... to ponder upon... to understand... perhpas in a new way...

different aspects of copying... hmmmm...

you're abolutely right! it's a human drive... it's an essential process for development...

but unfortunately sometimes people tend to froget that it's just one of the FIRST stages... and it should be replaced by other steps so that the individuation be complete...

many parents, teachers, leaders... even sometimes friends and partners expect us to remain a copier...
thus no creativity ...thus no individuality... thus no humanity...


and...
copyright is one of the most interesting and debatable subjects in our modern world...

oh sorry!
crows are sensitive to taps! you just tap on one small point on their minds, and they crow a lot!




thanks dearest Mariana for your precious words on my site leading me here... to your beautiful world...

i just skimmed though some recent posts and find them full of sparkly things...


will be back soon to read more...

namaste!

Mariana Soffer said...

poeticgrin:
I thought it sounded nice "pirate ...", but with the accuracy I was just luckym
I do not know what are the things you can do in internet to protect yourself from plagiarism, but I will try to find out.
I think One of the most interesting issues about plagiarism is what kind of copied things are considered illegal, if you sit on a chair and I do the same, I don t think that should be punishable. Anyway I researched a little and it is stated clearly that ideas can not be registered.

Mariana Soffer said...

human being:
To tell you the truth I usually have awful doubts about what to post
Exactly, adults nowadays need to move on from just copying. But I am not sure that completely original things can be produced. What I am sure of is that one can be authentic even dough it uses parts of other people‘s work.
It is a pleasure for me the fact that you came here and give me your interesting opinion.
We will keep visiting each other blogs and exchanging messages for sure,

~otto~ said...

We are definitely pirates. Even now. We just want everyone else to play by the rules ;-)

RDC said...

Copyright is a way to get privileges in a system hates that.

Anonymous said...

Your thoughts on ownership, copyright protection etc...really did cause me to reflect more on the reasons why someone would want to steal the creative work of another. My first thought of course, was monetary. Greed is a nasty thing. Then, I recalled this kid in eighth grade who copied over my shoulder, an entire paragraph and a half of an essay we were supposed to be writing about our favourite historical personage. When the teacher discovered this duplicate, she ignored it, much to my outrage and shock. We ultimately wrote it in different areas of the classroom and I got my A, she a C. But the point here is this, why? What is it about human nature that causes us to rip off another's creative identity? Either way, the stuff I post on my blog is free lol no one would want to steal it anyway. ;) mariana, you make me think! Thank you for that.

Mariana Soffer said...
This comment has been removed by the author.
Mariana Soffer said...

Valbrusell:
I always thought that a real artist will never even thing of stealing other peoples works because he cares too much in finding his own work to express himself with, and to ensure that his work has his authenticity .
Very interesting question, “why?”, the same happens to me, I do not understand what they copy for, as you said maybe greed, as you did not said maybe envy, or maybe there are even some people that are trying to become (like) the other person they are copying from.
I am happy to make you think, besides you do the same for me. Thanks to you.

Mariana Soffer said...

Otto:
Of course, most of the people think the rules are not equal for them than for the other, I do not know why but they think they are entitled to do things (in this case copy) that the others aren't. It has always being like that.

Uncle Tree said...

When Eddie Murphy imitates a white guy, it's hilarious! Comedians have to be the exception here, Mariana. Rich Little, the greatest impersonator, is a master. I would think that it feels like quite an honor to watch him perform, and I bet he could play me better than I can play myself.

As far as copy-writing goes, I'll leave that to the big shots. For a thief only needs to change the title and put it in another language to keep me from finding out that my stuff was worthy of a pirate attack.

Mariana Soffer said...

Dear uncle:
I checked a little bit about the copyright law and it says:
“A derivative work includes editorial revisions, annotations or other types of modifications. The work must be different enough from the original to be regarded as a new work - in other words, it must contain some substantial, originality.”
Therefore the imitation can be consider a derivative work and it probably contains substantial originality
I agree that a thief only needs to do that in order to use other’s work. It is extremely easy, which makes it a little absurd doing so much effort trying to prevent something that is so hard to deselect like plagiarism by punishing the detected cases. The only thing that works in my opinion is preventing the exact copy of something, such as a music CD.

ines,gato@yahoo,com said...

I was thinking that not all piracy is harmful if that term is understood the way it is increasingly used today. Many kinds of piracy are useful and productive, to produce either new content or new ways of doing business. Neither American tradition nor any other tradition has ever banned all piracy in that sense of the term.

Mariana Soffer said...

Ines:
Very clever what you are saying. I think you are right, because artworks or inventions can benefit a lot from reusing older or more primitive versions of them and maybe without even chancing the old ones a bit, just by bluntly including the preexisting ones into the new ones.
One example I can think of that happens in real life if the use of remixes in music, the new songs that are issued contain parts of older songs that have been inserted in this new master straight from the original (without any modification).

ryan said...

A lullaby is a soothing song, usually sung to children before they go to sleep, with the intention of speeding that process.

Mariana Soffer said...

Hi ryan, here is something else about lullabyes, it is like you said but with extra info:
Lullabies are used throughout the world to soothe infants and lull them to sleep. They are distinctive from other songs—so much so, in fact, that adults listening to songs in unfamiliar languages can distinguish the lullabies from the equally slow nonlullabies.
Txs for your collaboration

jinjir minjir said...

I didn't say anything in this post cos I am absolutely 100% definitely and undoubtedly with you.

Especially on the American history bit.

RDC said...

I'd swear I put a post down on Saturday.
Anyway, human being uses to get models as mirrors of his deeds. Without models to copy and follow men feels lost.

Mariana Soffer said...

Jinjir: I see we agree a lot in this kinds of ideas, anyway txs for the support.

RDC:I didn't see any post, maybe it got lost, who knows. I completely agree with what you say, that makes it a weird and complicated this hole copyright idea.

GekyPicky said...

Benclkers states:
"The decision point is essentially which of these worlds we go (plagiarism plagiarism punishment or not). And it's a decision point we're making through law. The copyright wars are a classic instance of trying to set up the technology and the legal environment in such a way that you can keep the horse in the barn, and rent it out for rides, as opposed to having all the horses out. Situations where you get digital rights management and criminalization of breaking or distributing things that overcome digital rights management. That's a place where you see law playing catch-up against the technology that doesn't want to be there, or that isn't going there in any particular way."

Mariana Soffer said...

Copyright wars are a classic instance of trying to set up the technology and the legal environment in such a way that you can keep the horse in the barn, and rent it out for rides, as opposed to having all the horses out. Situations where you get digital rights management and criminalization of breaking or distributing things that overcome digital rights management. That's a place where you see law playing catch-up against the technology.

I do not see how we can end this conflict parting with this definition of the situation.
Txs a lot Geck for your interesting thoughts

Anonymous said...

You should see all the American movies out now in theaters that are sold on a shady corner by a black market distributor for three dollars a dvd. The same goes for music, games, software, ect.

I've thought about what if someone tries to steal one of my poems but then I give myself a reality-check and laugh at my big ego: if someone wanted to copy something I wrote I would be flattered. The publishing date will always protect the writer anyway.

Interesting post.

human being said...

the more we protect, the more we encourage others to steal or copy...


all through history there have been people to copy other nations' or people's ideas...

many inventions and discoveries are not done by the persons who are famous for them...

what is important is not the name who remains... but the effects that remain...

an idea in the mind and hands of a good will can benefit the whole world... and in the mind and hands of an evil will can ruin humanity...
copyright cannot protect that idea... thieves know many ways to steal...

we should try to lessen the theives... how? by sharing... when you share what you have, others won't steal it from you...

:)

Mariana, post about any subject that comes to you... such a wise soul like you surely chooses the best subjects... and helps others share their thoughts too...

all your posts are FABULOUS!
you are a real scientist... you uplift both our spirits and our knowledge...

love to you...

Protervo said...

total, en la intertextualidad está el texto. beso.

Mariana Soffer said...

protervo says: completely, in the intertextuality is the text.

Txs protervo for the valuable colaboration

Anonymous said...

interesting subject, here, and as always your way of bringing it to us s great.
what one can do.... not much.. or too much.. dealing with any aspect of the internet one takes some risk... maybe this bilions of tiny risk will bring down one day a big nation,,,

D!

Mariana Soffer said...

utopianfragments:
thank you very much for the compliment, and also for stepping by. I like your proposed possible future, its hopeful.
Take care

Mariana Soffer said...

human being: I think this is your lost post, I do not know what is up with this blog system. I love your first phrase, it is just like that, it causes the opposite effect.

As you said the important think is to benefit the humanity, all the rest, copyrights, laws, procedures are completely secondary.

You are very nice human, thank you very much for your encouragement, it does me really good. You do amzing stuff yourself, hope you know that (this is not just for returning the compliment at all)
Hugs

Mariana Soffer said...

thePercepcionist:You are pretty accurate about the publishing date, that tells you where the idea came from, it is hard to fake it.
Other idea your comment brought to my mind is that why such a fuzz about originality, if you go and watch any Hollywood movie and they are all practically copied from a previously shoot movie.
Thanks a lot for sharing your valuable Ideas

Paul said...

"As the big corporations (Sony and the like) realise that is impossible to police their intellectual property rights, they will begin a campaign to undermine the concept of intellectual property altogether; thereby creating a free-for-all from which they can be the only beneficiaries."
Paul Squires.

Anonymous said...

First man invented art. Then man invented law.

Shadow said...

i understand the need to copy. to learn. to print and keep. but to take what's not yours, change a few words and call it your own??? i was brought up with a clear concept of right and wrong. and copying anothers and calling it your is WRONG!

thank you for your comments, i do appreciate it!

Mariana Soffer said...

Shadow:I just wanted to point to this url
http://gsp-shadow.blogspot.com/2009/06/plagiarism.html
where this blogger that I know explains what happend to him, and how somone took his post text and made it look as if it where his own.

Mariana Soffer said...

Lucy
Sorry for not answering before somehow I lost the comment, I was distracted with the thing that happen to shadow.
I wanted to tel that I like a lot the words you posted, thanks for that.

Mariana Soffer said...

Paul
Sorry for not answering before as I told lucy I lost the comment due to distractions.
It is excelent what you say, it is so sadly true I might regreat of being human myself

Take care