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Opinion |
July 25, 2008 |
WE ASKED:
Nashville Business Journal
THE PULSE |
“There are a lot of great ideas
nashvillebusinessjournal.com |
Proposed legislation could wreak havoc on ownership rights for musicians, writers
By Gene Poole
“To promote the Progress of Science automatic copyright protection grant- The images she outlined were of It has been suggested by the U.S.
and useful Arts, by securing for limited ed to individuals that fixes that work families finding old photographs in Copyright Office that new databases
Times to Authors and Inventors the to any medium. dusty attics trying in vain to have them be established. But when the Register
Right to their respective Writings The bill would permit an intended retouched or repaired, but fearing law- Of Copyrights claims that they could
and Discoveries” user who has conducted a “reasonably suits since they could not find the pho- not certify these databases and that
— U.S. Constitution diligent search” in accordance with tographer to ask permission. the private sector would be responsi-
T
yet-to-be-established “best practices” Or a museum or library wishing ble, one must be concerned that indus-
hese words have stood as a testa- to be able to use the work in any to use archival tries whose only function is data min-
ment to the artistic rights of the way he chooses if he cannot find footage, but ing would now be the new gatekeepers
individual and have served as that owner. unable to do
What’s of our intellectual property.
the beacon that would illumi- And what happens if that pesky orig- so because of |
your Take?| Yes, there has to be reform. But,
nate the dawn of free expression. The inal copyright owner was to appear frustrations Respond to: the songwriting community must be
right to own one’s ideas or creations and claim his work was used with- associated with included and their opinions heard.
lawilliams@
were deemed so important they were out his consent? Well, as long as the not being able to bizjournals.com I suggest, as do The National Music
built into the very fabric of the Consti- infringer “ceased expeditiously,” then locate the own- Publishers Association and The
tution. all the rightful owner would get would ers of the works. Nashville Songwriters Association
Two bills presently making their be a “reasonable amount” assuming Of course, future generations should International, that a separate class
rather hasty path through Congress “no willful intent” was established. prosper and flourish with new ideas. be created to distinguish and sepa-
could jeopardize the livelihood of any- Mary Beth Peters of the Register of Museums should be allowed easy rate museums and nonprofits from
one who the original intent of Article 1 Copyright office, testified before the access to the riches of our global cul- those in the professional
was meant to protect. House earlier this year and outlined ture. This exchange should be encour- music industry.
The Orphan Works Bill (H.R. 5889) the problems when a copyright aged, thus a creator in any medium
and its Senate counterpart (S. 2913) owner could not be identified or should be able to have that work Gene Poole is a music industry professional
would change the law related to the is unlocatable. accessed by millions of new end users. based in Nashville.