Through education and advocacy, the Creative Freedom Foundation seeks to encourage, and promote New Zealand artists' views on issues that have the potential to influence their collective creativity.
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In the U.S., fair use protects the use of copyrighted material for commentary, criticism and the like. But automated tools for detecting copyrighted material (on e.g. YouTube) and the overly-broad Digital Millennium Copyright Act, which allows anyone to request that an infringing work be taken down, put the burden of proving that a work constitutes fair use on the content creator. This has a chilling effect on the kind of work everyday people release on the web.
Here in New Zealand the Green’s Gareth Hughes is supporting a change to allow parody and satire remixes. If New Zealand is going to have an trade agreement with the U.S. that includes copyright changes (TPPA) then wouldn’t it be fair to get the same rights as U.S. citizens?
“The TPPA is secret; we don’t really know what is in it. It’s making sure we aren’t selling ourselves short just so we can get some milk powder into the United States.” With three-strikes laws passing around the world and the shadow of SOPA and PIPA online piracy legislation looming large in the US
“Copyright was founded on the premise of giving artists rights to make money, to have a temporary monopoly where they can control their work and to try to monetise it so they can make more work,” she acknowledges. “But the second half of copyright is about enabling public rights. As long as that pressure is coming from copyright holders to expand rights in their direction, we are going to need to keep up the pressure to maintain the public rights.”
Wired UK report that “Ireland is soon to have a law similar to SOPA passed that would give music and movie companies the power to force Irish ISPs to block access to sites suspected of having copyright infringing material on them.” (emphasis ours)
“Irish citizens won’t have a chance to lobby their democratic representatives because there won’t be a vote on the law [...] in the Irish Parliament. Instead the law is being enacted by ministerial order because it is being prepared in the form of a Statutory Instrument.”
As a highly talented and internationally successful writer we won’t even attempt to explain his case better than him:
“I have nothing against people earning money from their books; that’s how I make my living. But look at what’s happening now. [SOPA] may disrupt [the] internet. This is a REAL DANGER, not only for Americans, but for all of us, as the law – if approved – will affect the whole planet. And how do I feel about this? As an author, I should be defending ‘intellectual property’, but I’m not. Pirates of the world, unite and pirate everything I’ve ever written!…
Some people will say: You’re rich enough to allow your books to be distributed for free. That’s true. I am rich. But was it the desire to make money that drove me to write? No. My family and my teachers all said that there was no future in writing. I started writing and I continue to write because it gives me pleasure and gives meaning to my existence. If money were the motive, I could have stopped writing ages ago and saved myself having to put up with invariably negative reviews…
When you’ve eaten an orange, you have to go back to the shop to buy another. In that case, it makes sense to pay on the spot. With an object of art, you’re not buying paper, ink, paintbrush, canvas or musical notes, but the idea born out of a combination of those products.
‘Pirating’ can act as an introduction to an artist’s work. If you like his or her idea, then you will want to have it in your house; a good idea doesn’t need protection. The rest is either greed or ignorance.”
FightForTheFuture report that as we approach Monday’s crucial Senate vote there are now 35 Senators publicly opposing PIPA. Last week there were only 5. And it just takes just 41 to stop it. Congratulations everyone on spreading the message!
Gareth Hughes of The Greens has just launched a bill to amend NZ Copyright law so that Parody & Satire are protected in NZ (read the bill here). This is great news for NZ Artists who have ever made, or thought about making, works that make critical comments through found source material.
Australia got this in 2006, and the US has had it for aaages, so its about time NZ caught up and gave its artists the same protections.
Hughes will be holding an online Q&A session from 6-7pm tonight (9 November 2011). Check it out here.
This from TechLiberty: 16 days in to the Copyright (Infringing File Sharing) Act and very few infringement notices have been received by ISPs. So what are the Big Content Boys doing and what happened to the millions of infringements they keep complaining about? Tax payers have spent heaps on creating a heavily subsidised enforcement regime for these organisations and now its looking like their claims were hollow. Hmmm…
In 2008 New Zealand’s Ministry of Economic Development conducted an inquiry to determine the need for parody and satire exceptions to NZ Copyright Law. The Creative Freedom Foundation requested an OIA report on the review, and here’s what we received (PDF, 4.2MB). A public discussion document was ear-marked to be released in December 2008, however a change of government stopped the review due to it not being considered a priority and to date there has been no further activity.
Rick Shera writes, “Until April this year, the Powers that be were doing a good job consulting on the replacement for the infamous three strikes s92A of the Copyright Act – several detailed rounds of consultation and a Bill that, whilst still flawed, did attempt to cure some of the worst excesses. But it all started to go awry in April. First off, seemingly because the Government had invoked urgency to debate Christchurch earthquake emergency legislation but wasn’t ready in the afternoon when urgency commenced, the Copyright (Infringing File Sharing) Amendment Bill was plucked from the Parliamentary order paper. “Let’s fill up the time with that” they obviously thought. “It’s had a right going over so no-one is going to complain that they’re being caught by surprise – we don’t want a repeat of the s92A SOP debacle now do we”. After 2 years of careful deliberation, the Bill was passed under urgency and we had the Copyright (Infringing File Sharing) Amendment Act 2011 on the books in a few hours. Oh dear. I’m not saying a more considered debate would have made any difference, but the sight of MPs who had no knowledge of the legislation, let alone of the internet they were trying to regulate (Skynet anyone?!), was terribly embarrassing. Not only for the MPs themselves, but for New Zealand, as we were watched by international participants in this worldwide copyright debate.”