Fair Use

The fact that the US Copyright Laws are in a major need of an overhaul isn’t something that only the masses of ordinary users understand; but to some extent John McCain is also painfully aware.

A little back ground.

During the 2008 Presidential Campaign, John McCain launched a number of political advertisements on YouTube, many of those advertisements used copyrighted material (for which he had not obtained a use license for).  Those advertisements were pulled from YouTube to comply with US Copyright Law (not the McCain had much choice — YouTube was required to pull the advertisements under the DMCA — an act which McCain supported).

In mid October 2008 McCain suggested to YouTube in a letter that “VIPs” shouldn’t be bound by the same fair use rules as others.

What can you expect from an elitist… he only sees the problem for himself, not for the general public.  A man with eleven homes and thirteen cars and uncounted wealth simply doesn’t feel he can afford to pay for the use of copyrighted material when the use of that material has obvious and substantial personal gains for himself, but it’s fine that a minimum wage mother should have to pay for the use of an old tune in the background of her child’s birthday video.

When put like that it’s easy to understand why member of Congress have one of the best health care plans in the world (for life) but they don’t feel the average American should have much choice.

Or perhaps we should consider TSA treatment of the average American who is subjected to searches and harassment and humiliation while members of Congress bypass the entire process.

Wait I digress.

Maybe, though, on copyright, we’ll have a little more luck holding politicians to the exact same standards that you and I must be accountable to.

Something more akin to one of the results of the confirmation hearing for Judge Robert Bork.  It resulted in the passage of the 1988 Video Privacy Protection Act (because our member of Congress were afraid their video rental records might be revealed to the public — not because they were worried about you and me).

There are permitted uses of copyright material which do not require any license payments; it may not be required to completely scrape the existing laws; all we may well need is the statement added that when an individual is not likely to substantially profit through the use of the material, it is covered under fair use.

US Copyright Office – Fair Use

Originally posted 2010-01-20 01:00:37.