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Judges and elected officials routinely regulate free speech. Every court sealed record, every copyright performance enforcement, every liable/slander ruling, ev
by njharman 8y ago
Judges and elected officials routinely regulate free speech. Every court sealed record, every copyright performance enforcement, every liable/slander ruling, every pornograpy lewd speech law/FCC regulation, hate crime and bullying laws that limit what anyone can say, tons of national security arms export that restrict wide gamut of things like CPUs and maths algorithms.
Some of those I agree with. Some I don't. Point is Supreme Court has rightly ruled Free Speech is not a absolute right. It does not trump all other rights. Nor all the duties/responsibilities we put onto governments.
- FireBeyond 8y ago> every copyright performance enforcement Apropos of anything else, if I go somewhere and broadcast Queen's Bohemian Rhapsody, or whatever, that is in no way my speech, and regulating the ability to do so without commission or royalty in no way restricts my ability to speak.
- SamReidHughes 8y agoIt is if you make a derived work.
- FireBeyond 8y agoShow me all the court cases smacking down genuine derivative works or parodies. It does happen, but fairly rarely, and there's usually "more to it".
- SamReidHughes 8y agoDude, the treatment of derivative works is textbook copyright law.
- jkaplowitz 8y agoDeriving from a copyrighted work without permission is infringement unless it falls into some exception like fair use. As you note, parodies often qualify for that exception, but that's not the general rule.
- wool_gather 8y agoAbsolutely true. Parent may just not understand all the details. One thing that can be slightly confusing w/r/t copyright and recorded music is that the there's a rule that automatically grants a license to produce a new recording of a piece, without the original author or the copyright holder even being consulted. This is called a "mechanical license"; you can perform your own version of any musical work as long as you pay the fee and royalties for it. That said, I believe there are still provisions for something like "moral rights" where the original author could sue to block publication.
- jkaplowitz 8y agoThe US doesn't have a general concept of moral rights, though many countries do. Is there some moral right specifically applicable to those compulsory musical licenses?
- wool_gather 8y agoYou're right -- I don't remember the right term for this case, which is why I put it in quotes. I just know that you can get the license automatically, and do the recording, but that the original artist has some means to try to block you releasing the recording.
- jkaplowitz 8y agoYeah, it's pretty confusing. I'm pretty sure the rules for performing covers are different from the rules for releasing recordings of covers, too. I think performance rights are more permissive.
- wcunning 8y agoCan you provide citations to some of the hate crime and bullying laws you mention? I want to know what I should be writing my elected officials about because free speech is so very very close to an absolute, and I like it that way. The few restrictions I'm aware of in currently valid (not overturned) Supreme Court precedent are exceedingly tiny.
- JumpCrisscross 8y agoNot to mention anti-fraud statutes.