Whenever the noose of copyright lobbyists vs. the people tightens a bit further, you find people saying “This does not affect me because I never download music / movies / whatever.” or “If you obeyed the law, you would not have any problems.” This seems to be the belief of the general population as well, lacking a real understanding of the implications of what infringement might mean. I saw a great Slashdot comment today trying to make this clearer to “Joe Sixpack”:
If you say you have never infringed copyright (at least how the RIAA sees copyright), you are either a lier or a fool. Ever sang happy birthday in a “public venue?” Ever emailed a colleague a recent news clip, journal article or comic? For that matter, are any of those comic posted up in your office? Do you loan or give away books to friends? do you want to do that with e-books when they become ubiquitous? are you an artist that learned your trade by emulating others? perhaps in public venues?
To that I might add the following:
Have you ever copied a picture of you or your children taken by someone else? Have you asked a cake decorator to create an image of Mickey Mouse (or the Power Rangers or Spongebob Squarepants …)? Do you have a tattoo of an image originally created by someone other than you or your tattoo artist? Have you included any song written after 1900 when Christmas caroling? Does your email signature contain the lyrics from your favorite song? Have you videotaped a play that your kid was in? Have you hired a cover band to play at a wedding reception or other party? Have you photocopied pages of a book for any purpose? Do you have copies of your CDs in your car in case they get stolen or damaged? Have you copied an image you found on the web to your own home page?
The legality of all of these things hangs in the balance of a judge’s ruling on Fair Use. You are unlikely to be sued for most of these things today, but you can have no doubt that the copyright lobbyist organizations have them on their list. You might even get a sympathetic judge and avoid paying damages, but you will still go bankrupt defending yourself.
There are many abuses of copyright that should be curtailed, but until they are packaged with reasonable term limits and exceptions I will have no sympathy for Big Media.
This is, of course, analogous to not worrying about the fact that there are laws criminalizing spitting in public places or sodomy between consensual adults or walking your dog on Saturdays or whatever just because they have not been enforced in 50 years. When everyone is technically a criminal, the government can pressure you to do whatever they want. Just because it has not happened, does not mean it will not.
