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Re: [d@DCC] Note from Susan Crean

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Fri, 26 Mar 2004 14:46:25 -0500 (EST)

On Fri, 26 Mar 2004, Kal wrote:

> On Fri, 26 Mar 2004, Wallace J.McLean wrote:
> 
> >Creative people aren't "forced" to face harsh economic rules. They - we -
> >are the first owner of copyright in our work in the vast majority of
> >circumstances, and can only lose that ownership voluntarily.
> 
> My point is programs like the PLR give owners of copyright something to
> turn to other than a business interest whose goals are their own profit
> first.

  Please note the different language being used between the two of you.  
Wallice is talking about opposing changes to the copyright act, and you
are talking about a government program to benefit creators.

  It appears I agree with both of you: there needs to be economic help for
creators (not intermediaries) when there are problems in the market that
are not yet resolved, and that the copyright act is the wrong place to
deal with these temporary economic issues.


  Business models should not be being hard-coded into the copyright act
which should be and always remain a document that describe the balance in
rights between creators and their audiences. Specific business models like
monopoly rent seeking (royalty payments) should be understood as business
model choices, possibly even choices partly subsidized by the government
in some cases.  Business models should never be thought of as a "right" to
be used against fellow creators who wish to exercise their moral or
material rights using different business models.


  While creating the concept of a collective society makes sense to have
in the copyright act, I do not understand why the private copying regime
is in the copyright act, assuming it should exist at all given I believe
it harms creators.

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 "Make it legal: don't litigate, use creative licensing" campaign.
 A modern answer to P2P: http://www.flora.ca/makelegal200403.shtml
 Canadian File-sharing Legal Information Network http://www.canfli.org/

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