Sunday, May 21, 2017

Communication Rights; Reproduction Rights... Repeatedly Targeting Women With Smart Phones

For those who think I am going to talk about SEX... I am not. I'm banging on about copyright, as is my wont.

Copyright law gives authors the exclusive right to reproduce their own copyrighted works (or to authorize or prohibit any copy of their works). In Europe at least, it also gives authors the exclusive right to communicate, or to authorize or prohibit any communication to the public of their copyrighted works.

This author has known many authors who upload short stories to their own websites, intending the short stories to be free for new and established readers to enjoy on the authors' own websites, or, if the authors say so, for visitors to the authors sites to download for personal, private reading.

Anyone who snags those free stories and publishes them elsewhere for their own glory or profit is a copyright infringer, at least in the EU.  Anyone who downloads those free stories from an unauthorised third part is also a copyright infringer.

Blogger Luke Moulton of the law firm Wright Hassall LLP has penned a very helpful and quite lengthy article explaining Communication Rights and Reproduction Rights and much more.  He also has a very clear chart explaining the difference between legal and not-legal uses of other peoples' copyrighted work.

In Europe at least, it is also copyright infringement to sell "loaded" media devices, whether they are loaded with copyrighted material without the permission of the copyright owner, or whether they are loaded with links to pirate sites where copyrighted works have been uploaded illegally. And, it is copyright infringement for the purchaser of such a device to click on the links to pirate sites and to download the illegally uploaded works on the pirate site.

So, there you have it!

Thank you, Luke Moulton!

Prolific legal blogger Mark Sableman of Thompson Coburn LLP is worth following! With his Sweepstakes Law blog, he's hit at least three home-runs with recent fascinating articles.

In this one...

... he explains rules for news aggregators. I assume that my summary of the best of the best of legal copyright-related analysis could be an "aggregation". It's relatively easy blog fodder. Someone else does the leg work. All the aggregator has to do is read a week's worth of good stuff, and select the most interesting and most relevant to her audience.

The redeeming feature of aggregation is that the polite aggregator sends her readers valuable eyeballs to the original copyright owner's site though links and attribution. It's only copyright infringement if the aggregator copies so much of the original content that interested visitors don't need to click through to the original.

Mark Sableman does point out some exceptions to the etiquette, especially where Europeans are concerned.

Finally, please forgive the required periodic reminder to our European visitors about Google cookies.
You cannot avoid them. The authors of this blog cannot prevent Google from slipping sticky cookies into your devices.

European Union laws may require us (the authors using Blogger) to obtain your consent for Google to put their Blogger and Analytics and AdSense and Google "cookies" on your machines. Since we cannot do that, we advise you that we deem you to have accepted Google cookies by virtue of visiting this blog.

We may also be obliged by strict compliance with EU law to give you "information" about "cookies".  Cookies are some kind of code that leaps like deer ticks and leeches on anyone and everyone who comes within range. They tell Google who you are, where you came from, where you go, and what you appear to like. This is so Google can sell targeted advertising.  Therefore, if you don't want to be offered opportunities to buy stuff that you really don't want or need, and cannot afford, clear your cookies as often as you can stand to do so. You may do so by clearing your History (which will also probably log you out of your favourite sites), or by viewing your Preferences and deleting all the parasitic cookies. And, once you have done it, you may have to do it a second time, because, as I said, these things are sticky.

PS. Mark Sableman addresses something like cookies on steroids with an account of an outrageous case where the cell phones of women who entered a health clinic (for any reason) were bombarded for up to 30 days thereafter with unsolicited and "mobile" advertisements for "abortion alternatives".

And we all thought that pregnant ladies had the right to be protected from stress!

All the best,
Rowena Cherry

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