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The AI Red Scare is only harming artists and needs to stop.
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<blockquote data-quote="aramis erak" data-source="post: 9373668" data-attributes="member: 6779310"><p>Not of need true. Many laymen have a formal approach to the law due to either requirements of education or due to professional needs. I'm pretty certain Morrus is going to have a fairly formal approach to copyright for reasons not unlike my own: it affects his day to day work every bit as much as it affected mine as an educator and composer.</p><p></p><p></p><p></p><p></p><p>Your "spirit of the law" is only partial to the original - the first version of US copyright was explicitly to <em>limit</em> protection terms... to <em>force things into the public domain</em>, but to allow a <em>limited</em> time of exclusive use so as to encourage commercial authorship. And spirit of the law isn't what the courts generally tend to use... if they did, the Bono act would have been DOA... As would the 1972 copyright act before it, and the 1950's one as well.</p><p></p><p>IANAL... but I've had a lot of interaction with the US copyright laws as an educator, composer, and as a performer. Copyright law as of 1992 was a major unit within my uni's Music Theory IV semester course (sophomore level end-year, where our student works were expected to finally start being non-formulaic). I've had to keep up because of both academic and professional needs. Likewise, in 2007, I had to take a course on copyright and education as part of an MAEd program. It was a professional requirement to navigate the legal use in a formal way.</p><p></p><p>Note that, until 1956, US Copyright was in fact opt-in only. And renewal after initial term was not automatic for older works until the 1970's (ISTR 1972).</p><p></p><p>Plus, the various blackletter and caselaw exceptions to copyright breach the creator's exclusivity of control: review, satire, real world data, backup copy, educational use, game rules, work for hire, prohibition on government copyright. Publication enables review, satire, and educational use. Purchased media allows backup. Real world data prevents copyright protection; so does game rules; in both, strict paraphrase is legal and ethical. Work for hire denies the creator's personal copyright in favor of their hirer or grader in exchange for either fiscal compensation or academic compensation. </p><p></p><p>Recent/current regulation allows format shifting and non-profit backup of public webpages.</p><p></p><p>I can see an argument that pubication to the web enables local copies to be made and used for a variety of purposes, and that the creator of the content only has the ability to prohibit reposting that material to the web unless that material serves a common good. Both the Web Archive and Google have public benefit exceptions to the retaining copies; technically, until very recently, the Library of Congress is supposed to be the one maintaining the archive of all published US copyrighted materials. That was changed this millennium...</p></blockquote><p></p>
[QUOTE="aramis erak, post: 9373668, member: 6779310"] Not of need true. Many laymen have a formal approach to the law due to either requirements of education or due to professional needs. I'm pretty certain Morrus is going to have a fairly formal approach to copyright for reasons not unlike my own: it affects his day to day work every bit as much as it affected mine as an educator and composer. Your "spirit of the law" is only partial to the original - the first version of US copyright was explicitly to [I]limit[/I] protection terms... to [I]force things into the public domain[/I], but to allow a [I]limited[/I] time of exclusive use so as to encourage commercial authorship. And spirit of the law isn't what the courts generally tend to use... if they did, the Bono act would have been DOA... As would the 1972 copyright act before it, and the 1950's one as well. IANAL... but I've had a lot of interaction with the US copyright laws as an educator, composer, and as a performer. Copyright law as of 1992 was a major unit within my uni's Music Theory IV semester course (sophomore level end-year, where our student works were expected to finally start being non-formulaic). I've had to keep up because of both academic and professional needs. Likewise, in 2007, I had to take a course on copyright and education as part of an MAEd program. It was a professional requirement to navigate the legal use in a formal way. Note that, until 1956, US Copyright was in fact opt-in only. And renewal after initial term was not automatic for older works until the 1970's (ISTR 1972). Plus, the various blackletter and caselaw exceptions to copyright breach the creator's exclusivity of control: review, satire, real world data, backup copy, educational use, game rules, work for hire, prohibition on government copyright. Publication enables review, satire, and educational use. Purchased media allows backup. Real world data prevents copyright protection; so does game rules; in both, strict paraphrase is legal and ethical. Work for hire denies the creator's personal copyright in favor of their hirer or grader in exchange for either fiscal compensation or academic compensation. Recent/current regulation allows format shifting and non-profit backup of public webpages. I can see an argument that pubication to the web enables local copies to be made and used for a variety of purposes, and that the creator of the content only has the ability to prohibit reposting that material to the web unless that material serves a common good. Both the Web Archive and Google have public benefit exceptions to the retaining copies; technically, until very recently, the Library of Congress is supposed to be the one maintaining the archive of all published US copyrighted materials. That was changed this millennium... [/QUOTE]
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The AI Red Scare is only harming artists and needs to stop.
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