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TV / Movie Copyright Law

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Punamit

Junior Member
What is the name of your state (only U.S. law)? NY

Hello,

I am curious, with the integration of Cloud based Internet capabilities, is it illegal to upload a legally owned piece of copyrighted material to the Cloud and give others access to it? I don't want to allow them to download this content, simply be able to view the content from my own personal folder.

Thanks!
 


quincy

Senior Member
What you are considering, Punamit, would be looked at technically as file-sharing, and its legality has been, and is currently, at the center of some copyright infringement lawsuits.

At least one foreign court has ruled that "making available" copyrighted material to others is not infringement if there is no accompanying proof of distribution or downloads. But the question is largely undecided in the U.S. If you wish to be legally safe, what you share with others should only be work created by you or works in which you own the copyrights (ie, not a purchased copy of another's work that you own, but a work in which you actually have ownership in the rights).

You should not use your Cloud storage files or folders, in other words, to share or distribute works of which you are not the copyright holder, whether your intention in making these works available to others is pure or not.

What you risk with sharing files, or providing access to others to the files of copyrighted material you have uploaded, is the suspension of your account with the file-hosting company, and potentially legal action taken against you (how likely this would be would depend on the facts).

After the actions taken by the U.S. Department of Justice against Megaupload, some file services have taken steps to disable sharing and download features entirely, so that only the account holder can retrieve what they have personally uploaded. This was not done so that the account holders could circumvent these disabled features by providing direct access to others to their file contents.

For some additional reading, you may wish to check out the Anti-Counterfeiting Trade Agreement (ACTA, also known as the "Piracy Treaty") that was formed between several countries late last year. The Treaty covers not only illegal trade in counterfeited goods, but also addresses P2P file sharing and Cloud storage. Obviously this Agreement was reached to deal with the most egregious of copyright offenders (and counterfeiters), but it can give you a clue as to how governments around the world are viewing Cloud storage, and how seriously copyright infringement, and IP infringement in all forms, is being taken.
 
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tranquility

Senior Member
For some additional reading, you may wish to check out the Anti-Counterfeiting Trade Agreement (ACTA, also known as the "Piracy Treaty") that was formed between several countries late last year. The Treaty covers not only illegal trade in counterfeited goods, but also addresses P2P filing sharing and Cloud storage. Obviously this Agreement was reached to deal with the most egregious of copyright offenders, but it can give you a clue as to how governments around the world are viewing Cloud storage and how seriously copyright infringement in all forms is being taken.
While you're there, check out the riots in the streets when people find out what their government is doing behind closed doors to further oppression in trying to sneak ACTA by.

ACTA is what the lobbyists from content industries hope happens. Don't let it.

Power to the People!
 

tranquility

Senior Member
See also:
For Darrell Issa's thoughts on the matter:
Darrell Issa Posts Text Of 'Unconstitutional' ACTA For Open Feedback; Something USTR Never Did | Techdirt

For the lies of the industry:
Danish Trade Minister Apologizes For Using Bogus Industry Numbers To Support Pro-ACTA Argument | Techdirt

For the Administrations hope to make it true without congressional input:
Obama Administration: ACTA Is Binding & Don't Worry Your Pretty Little Heads About TPP | Techdirt

For some of the problems:
Michael Geist - Assessing ACTA: My Appearance Before the European Parliament INTA Workshop on ACTA

To show it's for our own good:
Danish Police Accidentally Censor Over 8,000 Sites As Child Porn... Including Facebook & Google | Techdirt

For the current profitability of the industry WITHOUT the draconian power demanded by ACTA:
The Sky Is Rising | Techdirt.

I could go on, but I think you get the point.

Those who like ACTA don't want to talk about it. Those who don't have to.
 

quincy

Senior Member
For a look at the final draft of the ACTA agreement, so that you can form your own opinion, here is a link:

http://www.international.gc.ca/trade-agreements-accords-commerciaux/assets/pdfs/acta-crc_apr15-2011_eng.pdf

This treaty and the Trans Pacific Partnership Agreement (TPP) are as problematic as SOPA and PIPA were (perhaps more so), but any attempt to combat trademark and copyright infringement through an Act or agreement will undoubtedly be unpopular, regardless of how the issue is addressed.

The intention of the agreement is to have signatory countries focus their joint enforcement efforts on those who willfully distribute copyrighted or counterfeit trademarked material on a widespread, commercial scale, while at the same time avoiding placing any barriers in the way of the "free expression, fair process and privacy" that comes from legitimate activity. Criminal penalties for counterfeiters and infringers can include seizures, forfeitures or destruction of goods, statutory damages, and the possibility of jail.

How any of this will play out in real life (see the Megaupload case for a clue), and what effect ACTA or the TPP will have on U.S. IP law, is a question mark at this point. However, I have faith that our Constitution (and the First Amendment) will survive this latest challenge. Power to the people and all that. ;)

This discussion, as a note, goes a bit beyond Punamit's question, which is my fault for bringing ACTA up in the first place. Sorry, Punamit, for the diversion.
 
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