(no subject)

[somedaybitch]

new legislation proposal regarding copyright and image protection.

Wednesday, 25 January 2006
A few weeks ago I referenced a proposed new Trademark law formally entitled "HR 683 - the Trademark Dilution Revision Act". It passed in the House of Representatives and is under consideration by the Judiciary Committee.

Now stay with me, don't get bored. This is important.

The Act contains certain anti-speech aspects which will directly affect illustrators, photographers and others.

It will serve to eliminate the current protection for non-commercial speech currently contained in the Lanham Act. It will prevent businesses (artists)and consumers from invoking famous trademarks to explain or illustrate their discussion of public issues.

For example, using the phrase "Where's the Beef" could be actionable. Although you might use it in a non-commercial way, the (very) famous Wendy's slogan when used to comment might not be protected by the fair use exception.

h/t to ifp.org

Comments

[raincitygirl.livejournal.com]

Ai yai yai yai yai.

I should have something more articulate to say, but that's all I'm coming up with.

[somedaybitch.livejournal.com]

the article has who to contact info if you'd care to share.;)

[raincitygirl.livejournal.com]

Yeah, I noticed the contact info. I'm just not sure they'd take much notice of a letter with a Canadian stamp. Hmmmm, I could always send them an email from my freemail account. Not saying I'd *lie*, but if they were to assume that I were a US citizen because I was taking an interest in said legislation, that wouldn't be my fault, now would it?

This doesn't affect me directly, but as goes America, so goes much of the Western world. And overpatenting seems to be not the most brilliant notion ever. As the article points out, there won't be much of a 'fair use' defense if this one goes through.

[somedaybitch.livejournal.com]

hah! i forgot that you're Canadian. and i dunno actually, i think it might provide some interesting perspective.;)

[arthurfrdent.livejournal.com]

I saw that Reynolds had a blurb on this as well... one of the worst problems with theses sorts of laws is that the ramifications of a law are not fully understood, or cared about. If I shoot a pic of rusted out vehicles in a junk yard, does GM get to go after me for showing a pitted trim ring on a 56 chevy? If I shoot an image in times square, does every single company with a billboard there get to claim dilution? They put ads on everysquare inch of available space in public. Can they control who sees that or how?

that's just one facet of how the law could affect things... it's a dangerous scenerio, because of product placement in society, IMHO.

[somedaybitch.livejournal.com]

i hear ya, yo.