[LINK] We’re all copyright criminals now

[Kim Holburn]

I know we've talked about this on link but reading it brought up some  
questions in my mind (see bottom posting below)

http://www.crikey.com.au/Media/20061108-Were-all-copyright-criminals- 
now.html

> We’re all copyright criminals now
> Date: Wednesday, 8 November 2006
> Intellectual property academic Kim Weatherall writes:
>
> Imagine this: girl having great time at live concert uses fabulous  
> slimline phone with mp3 recorder and camera to capture the moment.  
> She sends it to her home computer, and later plays it for the  
> office Christmas party.
>
> According to the Australian government she is a criminal. Under  
> laws now being debated in the Senate and due to pass in coming  
> weeks, she is:
>
>     * Making a direct recording of a performance without the  
> permission of the performer(s): criminal offence, $6,600 fine;
>     * Possessing equipment to copy an unauthorised recording:  
> criminal offence, $6,600 fine;
>     * Making a copy of an unauthorised recording: criminal offence,  
> $6,600 fine;
>     * Paying an unauthorised recording publicly: criminal offence,  
> $6,600 fine.
>       Advertisement
>
>       Total fines: $26,400.
>
> And she’s not alone. These laws are so broad that they also catch:
>
>     * The company, selling a research report, whose employee cut- 
> and-pasted a photograph from online to make the cover look pretty;
>     * You, if you own a device that will be used for making  
> infringing copies. Make sure you get rid of that video-recorder  
> you’re using to tape TV shows for your mother-in-law.
>
> The proposed bill also creates on-the-spot fines -- infringe  
> copyright and you could be up for a $1,320 fine, on the spot. While  
> we’ve always had criminal offences in the Copyright Act, these laws  
> only applied to people who act intentionally or recklessly. The  
> requirement of intent is one of the most fundamental protections of  
> criminal law. The Copyright Amendment Bill removes that: you can  
> now be a copyright criminal without knowledge or intention.

If a paparazzi takes a picture of you in the street or a news  
camerman takes a video of you in the street can you sue?  What is a   
"performance" anyway?  Does that include buskers?  If you suddenly  
start busking does that count as a performance?  Does hiring a hall  
mean that you are making a "performance"?  Does the media have  
special rights that the rest of us don't?

Kim

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Kim Holburn
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                           -- Lloyd Biggle, Jr. Analog, Apr 1961