To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
 <CNI-COPYRIGHT@cni.org>
Date: Mon, 15 Mar 2004 11:20:13 -0500
From: Joseph Pietro Riolo <riolo@voicenet.com>
Subject: [CNI-(C)] Re: H.R. 3261? -- Fine! But don't call them "facts"


On Thu, 11 Mar 2004 11:25:46 -0500, Mike Bradley <mbradley@techpubs.com> wrote:
> What you describe is very different from what the original poster proposed.
> You've set up a straw man situation, whereas he described plagiarizing,
> though he didn't use that word, and asked if there were an exception in the
> copyright law that allowed such plagiarizing in journalism. The answer, of
> course, is "No."


The answer is half-correct. As a writer, you should have at least a responsibility not to spread the inaccurate information or myth about plagiarism being outlawed by the copyright law. The copyright law does not outlaw plagiarism in every case. It allows plagiarism in the uncopyrightable portions, all categories as stated in Section 102(b), and all works whose copyright has expired. In very rare cases, it also allow plagiarism in copyrighted works.

The freedom of communication including speech and press is always a double-edged sword. You may not like it but at least, don't spread the myth that plagiarism is forbidden by the copyright law in every case.

Allow me to play a devil's advocate by helping you to turn your dislike for plagiarism into law.

First, lobby Congress to eliminate Section 102(b).

Second, lobby Congress to expand Section 106A to include all authors and artists.

Third, lobby Congress to add another chapter to Title 17 to outlaw plagiarism in every case.

Fourth, lobby Congress to extend copyright term for 20 or more years.

Fifth, take advantage of the longer term to lobby Congress to create a constitutional amendment to eliminate the phrase "for limited Times" from the clause for exclusive right.

Sixth, once the amendment is complete, lobby Congress to create perpetual copyright.

Seventh, lest the perpetual copyright is shot down by the First Amendment, lobby Congress to create a constitutional amendment that will remove the freedoms of speech and press from the First Amendment.

Lastly, lobby Congress to take away from people and entities the choice to dedicate their works to the public domain.

After all of these steps are done, the anti-plagiarism law will be complete. You will be very pleased with that.

Joseph Pietro Riolo
<riolo@voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 5,406

Public domain notice: I put all of my expressions in this post in the public domain.