[LINK] We?re all copyright criminals now

Brendan Scott brendansweb at optusnet.com.au
Wed Nov 22 13:14:51 AEDT 2006


Stewart Fist wrote:
> I think Howard is joking -- or just stirring the pot.
> 
>> Just send them an invoice for your services.  After all, they are using
>> your image in their programs which support their primary revenue source -
>> advertising.
> 
> 
> I have as much right to film in a public place as you have to dance, sing or
> walk, or play your ghetto-blaster.
> 
> And what I do with the material I collect in this public place -- whether
> for commercial or private reasons -- is of no concern to you, provided I am
> within the law.  If you don't want to be filmed ... or seen ... or heard, in
> a public place -- then don't go there and do what you are doing.
> 
> 
> I assume that everyone in the Link Institute uses public places for
> commercial reasons (ie getting to and from work, transporting parts and
> equipment, etc), so why would your commercial use of public areas have
> preference over mine?
> 
> 
> Over many years in TV reporting, I have never had anyone try the "copyright"
> ploy to stop me filming, and if they had tried I would have had their claim
> framed to hang on he wall alongside the framed letters from peeved
> politicians.

(from memory) I recall that has been argued (actually, gone to court and won) that a news report which included a snippet of music in the background in the course of the broadcast was a copyright infringement.  The Act was subsequently changed so there is a narrow exception for the reporting of news.  

Unfortunately this indicates (contrary to your earlier email) that there is something of a disconnect between reality and decisions of the courts on copyright.  If you are not reporting news (or within one of the exceptions) you are a clear target.   


Brendan 






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