8 ms·
(US Citizen) The title of this post is a bit misleading and I'm having a hard time seeing why there's a problem or disagreement here. The ruling was specifical
by B0Z 15y ago
(US Citizen) The title of this post is a bit misleading and I'm having a hard time seeing why there's a problem or disagreement here.
The ruling was specifically focused on foreign works as they relate to the Berne Convention. This international treaty binds signatory nations to the copyright protections provided in countries where the original art was created. It would apply to both US copyright holders to protect their works abroad and foreign copyright holders where their works are used here.
The Wikipedia page on the Berne Convention has some really interesting facts on this treaty and you should read it before voicing opposition to the SCOTUS ruling or claiming "American Exceptionalism" is being run over by a truck. This is not a bad ruling and the 6-2 vote suggests 1 judge appointed by a liberal President agrees with the argument. Ne, if you get into the opinion (link below) you'll find that two conservative appointees dissented while the remaining justices agreed (sans Kagan who recused). The point is that this was hardly a "party line" or ideological divide.
The official opinion here: http://www.supremecourt.gov/opinions/11pdf/10-545.pdf http://www.supremecourt.gov/opinions/11pdf/10-545.pdf
Some worthy quotations from the Wikipedia page found at: http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protec...
Before the Berne Convention, national copyright laws usually only applied for works created within each country. Consequently, a work published in United Kingdom (UK) by a British national would be covered by copyright there, but could be copied and sold by anyone in France. Likewise, a work published in France by a French national could be copyrighted there, but could be copied and sold by anyone in the UK. Dutch publisher Albertus Willem Sijthoff, who rose to prominence in the trade of translated books, wrote to Queen Wilhelmina of the Netherlands in 1899 in opposition to the convention over concerns that its international restrictions would stifle the country's print industry.
The United States initially refused to become a party to the Convention, since that would have required major changes in its copyright law, particularly with regard to moral rights, removal of the general requirement for registration of copyright works and elimination of mandatory copyright notice. This led to the Universal Copyright Convention in 1952 to accommodate the wishes of the United States. But on March 1, 1989, the U.S. Berne Convention Implementation Act of 1988 was enacted, and the United States Senate ratified the treaty, making the U.S. a party to the Berne Convention, and making the Universal Copyright Convention nearly obsolete.
Editorial. I believe in American exceptionalism on a number of fronts including some trade issues. But, the notion that any individual or group of people from one country can merely disregard the copyrights of and profit from works created in another is ludicrous. I feel bad for the plantiffs -- the orchestra members who brought the suit. They have been treated unfair, not by the SCOTUS, but by a general failure of US enforcement of foreign copyright as provided by the treaty.
Just my $0.02
- jacobolus 15y agoJustice Breyer can’t by any reasonable measure be described as a “conservative” Justice relative to the current Court, and “conservative appointee” is a pretty useless (or in this case grossly misleading) label.
- B0Z 15y agoWhoops. I didn't realize I had made that mistake. And instead of "conservative appointee" I intended to reference the appointing President. Though, it does strengthen the argument for the mixture of majority and dissenting opinions. Thanks for the correction.
- lusr 15y agoI'm a bit puzzled by the reasoning, though. "The top court, with Justice Elena Kagan recused, said Congress’ move to re-copyright the works to comport with an international treaty was more important." OK so they made their decision on the basis of there being a treaty... Does this mean that any time you want to sidestep an actual examination of the merits of an argument in the Supreme Court you just need to ensure there's an international treaty in your favour? How does the US become party to a treaty, in any case? I'm guessing it has something to do with Congress. This seems like a bit of circular reasoning.
- michael_dorfman 15y agoDoes this mean that any time you want to sidestep an actual examination of the merits of an argument in the Supreme Court you just need to ensure there's an international treaty in your favour? That ought to do the job; Article VI of the Constitution plainly states that "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." In other words, if there is a treaty obligation, that trumps all other considerations. How does the US become party to a treaty, in any case? I'm guessing it has something to do with Congress. Article II, Section 2 of the Constitution spells this out: "[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur..." This seems like a bit of circular reasoning. How so?