RE: Fair Use Rules & Copyright Law in the US Coming Under Attack from Europe in 2019
Even this is downplaying the effects of it. See, fair use is easy to defend against this. What IS NOT easy to defend is publishing your own original works. Becouse how do you proof that it is actualy you who produced that content? Even this comment of mine would be a problem.
How can i proof i actualy wrote it, that it is a creative effort of mine? See, in the US as far as i know, you have to activly seek out a copyright if im not mistaken. Under german copyright law for example, everything is copyrighted at creation wether you want that or not. At least, if it reaches the appropriate levels of creativity, a threshhold that is very low.
This is reversing the burden of proof. I will have to proof that nobody else wrote this comment, that it is indeed my work... If you cant publish it in the first place to establish authorship, that wont be easy.
You have a point there. To defend your copyright on your own original works, your work's copyright has to be registered. If you didn't register it, you can't file a DMCA claim. But, if someone files a DMCA claim against you, and they either don't have a registered copyright, or their copyright is registered later than the time stamp on your published work, they would probably lose the case against you.
One trick that authors use is to put their manuscript into an envelope and send it through the mail to themselves. When it arrives, they don't open it. They file it as proof of date authored. That's a wise thing to do even before publishing or sending to a publishing/printing agent. I suppose an email to yourself would serve the same purpose, but the text/files in an email are public the second you send them over the internet. Email is cheaper and the risk of anyone nabbing your work is low. I still would prefer a printed hardcopy on file. Absolutely no one reads your work and it doesn't likely leave your local post office before returning to you. Another option is to have a removable drive for storing the works you want copyright protection on. There will be a timestamp on the files and if you need to take the files to court, you take the whole drive, so the timestamps do not change, as would be the case will a copy of them. You could store them on your computer and take a screenshot showing timestamp as well. For defense purposes, any of these techniques would likely be recognized in a court of law as proof of original ownership. But as you point out, to file a DMCA claim, you work must be registered.
On Steemit, because an author only has a one-week window to collect gains from a work, it's not a good platform for serious authors, working for a living. Authors cannot edit (delete text) or delete posts after 7 days. Essentially, after 7 days, Steemit effectively owns and controls your work. According to the Steemit Terms of Service, "You retain ownership of and responsibility for Content you create or own ("Your Content")", so, if you - the author - choose to delete the content, you are entitled to, but not after that payout window closes. That's contradictory. Serious authors on this platform may consider editing the text of their own posts (delete content) just before the payout window closes to manage their copyrights and that includes the rights to republish at a later date. Having an existing copy on Steemit would provoke the plagiarism bots, if you reposted the same poem or short story at a later date, for example.
"You have a point there. To defend your copyright on your own original works, your work's copyright has to be registered."
In the US maybe. DMCA is US american and only US american.
You dont need to register anything, you hold the copyright and can go after anyone who uses your work the moment you create it.
Of course you are going to have to proof that you are the author/photografer/musician/programmer in order to go after someone for that, problem is that article 13 makes the PLATTFORMS responsible and that can be very very expensive.
Now, imagine i take a picture of you, send it to you and you post it on facebook. Unless i gave you a license to publish my work, that is indeed copyright infringement and if i can proof that i took the picture i can go after you for that as it stands.
Now i could go after facebook for that. So they will have to prevent you from posting pictures you yourself took becouse how are they supposed to know that you are the one that took those pictures?
Gets even more crazy if you take a picture of say a book. You hold the copyright to that picture, but not neccessarily the copyright to the cover of said book. Even if you are the author you may not have designed the cover and as such there is a problem.
Same with pure text which can also be posted. How are theysupposed to know to what you do or dont hold the copyright?
They cant unless you take some of the steps you outlined in the beginning.And article 11 is whats often called a "linktax". Its not entirely accurate but if you show a short preview or even just use the headline, you have to pay. Some european nations did allready implement such a thing - leading to google news to end their service entirely in spain.
I know! It's insanity. It's going to send the internet back to the dark ages. No one benefits. The intention is to silence the masses, who seem to be learning far too quickly what the law-makers are doing and why they are doing it. The cost of running the surveillance and censorship protocols have already causes FB investors to drop stock. That's what happened on July 25, 2018. When the stockholders learned that to implement the protocols they asked for in the May annual general, in response to the April Congressional Hearing, they bailed within 2 hrs, even before the meeting was over. FB lost $120M in 2 hours. So, the law-makers are going to overburden big tech, if not absolutely destroy the platforms. I have a new post out that's along the same line...legislators killing the net with their regulations. This one makes their intentions crystal clear - destruction.
Five Eyes Demands More Backdoor Access to YOUR Private Data Online - Big Tech Threatened with Consequences
https://steemit.com/informationwar/@justmeagain/five-eyes-demands-more-backdoor-access-to-your-private-data-online-big-tech-threatened-with-consequences