This will be a short diary, because I really just want everyone to know that Democratic Representative Howard Berman (CA) has caved to the corporate bosses, and introduced legislation that will legalize corporate appropriation and theft of the creative work of individual artists, writers and musicians.
Earlier this week, Berman introduced H.R. 5889, which caps damage awards in copyright infingement cases to a 'reasonable fee for use of the copyrighted work.' Thus, individual artists and writers, if this bill passes, will no longer be able to recover attorneys fees, punitive damage awards or even injunctive relief to force copyright infringers to quit using the copyrighted work they stole. And the copyright infringer will be able to determine the amount they are willing to pay. At that point, the copyright holder can either accept it, or abandon their claim.
Further, the copyright office will be directed to create several electronic registries (read, outsourced) managed by commercial entities. A copyright holder will be required to register their copyrighted work (for a fee) in every one of these several databases, since a copyright infringer will only need to prove they searched ONE of them to prevent a claim of infringement from being successful.
Did that go by too fast? Behemoth corporations will only be required to search one database, while artists (who often are poor and underpaid) will be required to pay and register in every commercially run database to protect their interests. And there is little doubt this will be extended to all forms of intellectual property fairly quickly.
Note the change in burden here. Historically, those who use copyrighted material are responsible to assure they don't violate the rights of the copyright holder. Now, however, use is free unless the artists or creator notices the infringement and, having registered in the appropriate databank, is able to pay an attorney to bring an enforcement action. (Remember, attorney's fees can no longer be recouped).
This turns the concept of copyright protection on its head. In practice, it will be so difficult to bring an enforcement action that it will seldom happen. And those who produce many copyrighted works (I take commercial and fashion photos) may find it hard to pay the fees for registration of every piece in every database.
In other words, Mr. Berman has introduced a bill to make it legal for wealthy publishers, media companies and studios to steal the copyrighted works of individual artists.
So, who said Democrats looked out for the little guy?
The Bill is before the House Judiciary committee now. It is the third time since 2005 someone has introduced legislation that would make it easier for large corporations to steal the creative work of others. I believe we should all contact our congress critters and demand they protect the property rights of individauls against theft by the wealthy and large media elite. This bill should be blocked immediately.