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The
"Public Domain"
I love the "Public Domain". I think the concepts and philosophies
that led to its creation are wonderful. Properly used, it adds enormous
value to our free and open society as a whole and to the further
development of creative works in particular.
All of this breaks down when the crooks get involved, however ...
and there are literally hundreds of thousands of them surfing and
parking on the Internet these days. Even some the of the largest
public companies in our industry. It is shameful in my opinion,
and in the opinion of most fair minded people I know ... and only
hurts three constituencies as far as I can see:
1. The small development company, or individual artist, songwriter,
writer, cartoonist, or producer who owns the mis-identified and
mis-represented works and has worked hard to protect their property.
2. The end user Internet customers (there are over a billion of
them nowadays, you know) who can be held liable for infringements
even when they didn't know something they downloaded was not properly
licensed (aka "pirated").
.
3. The public in general, who would otherwise be able to safely
and comfortably enjoy the many, many wonderful creative works available
to them legally through the Public Domain if it weren't for this
corrupt minority.
I have been at this copyright game now for over 25 years. My companies
have developed, published, and distributed more original electronic
graphic arts content (clip art illustrations, design templates,
logos/symbols/emblems, and animations) than anyone we know. And
we have never once been accused of piracy or copyright infringement
of any nature.
Fact is, it is somewhat rare these days to find modern artwork,
new songs, or other creative works developed during the Internet
era that are actually part of the Public Domain. In this country,
copyright protection exists on original works for the life of the
author, plus twenty (20) years after his/her death. Specific guidelines
have to be followed to get new work into the Public Domain before
then. Many old movies, songs, and photographs (especially black
and whites) are now in the PD, but Homer Simpson is not ... nor
are the color vector artwork (the development tools weren't even
created until the 90s) prepared by my small company and many companies
like us. We depend on the proper licensing of this original artwork
to feed our mouths, support our families, and re-invest in new artwork
that can be enjoyed at reasonable and fair prices by all. Why is
that principle so difficult to understand.
Fixing this problem is very, very simple (in spite of what the Google's
of the world are telling our judges and other unsuspecting victims).
If each web publishers would simple not display and/or download
material without a simple written licensing agreement from the owner,
with proper warranties and indemnifications, this massive problem
would clear up in no time. It's as simple as that.
The notion that copyright owners should be responsible for finding
the infringements of their property before any of these pirating
companies take action is complete and utter NONSENSE.
The copyright industries in this country (where the vast majority
of copyrighted works originate) have, by and large, dealt responsibly
with these same issues for years. They are not unique to the Internet.
Don't post something on you web site, or include it in your article,
song, movie, illustration, or animation, unless you have the proper
written authority to do so. If you do, you are acting both irresponsibly,
and willfully, and should be punished severely ... even sent to
jail if the federal judges would only enforce our laws, rather than
try it re-invent them in every case.
Perhaps I am an eternal optimist. Who knows? But this is so simple
to me. I have an extremely difficult time understanding all the
fuss and legal debates about these issues. Not only is willful copyright
infringement harmful, it is a crime ... and very simply put, the
difference between "right" and "wrong". I, for
one, refuse to allow Google, or anyone else for that matter, to
change my mind regarding these basic principles of good business
ethics and fair play.
How about you?
George P. Riddick, III
Chairman/CEO
Imageline, Inc.
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