Shall Copyright Law trump Freedom of Press? NASCAR and Encana seem to think so.

Tuesday, 26 February, 2013

Shall Copyright Law trump Freedom of Press? The senior executives NASCAR and Encana seem to think copyright law should be more powerful than many people will permit it to be. I for one would love the Supreme Court of US and Supreme Court of Canada to decide some of these “copyright” cases so that any potentially ruthless & illegal actions cannot be taken again in US and Canada! Of course, IANAL (I am not a lawyer) and I rely on further instructions and guidelines from the justices at the two Supreme Courts to decide one way or another in each of the countries. Quoting an Feb 21st article by me,

“It should be noted that copyright law has been used in Canada in recent years to over-reach (in my opinion) into other unrelated areas. Take Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37, [2007] 3 S.C.R. 20, a Supreme Court of Canada judgment on Canadian copyright law as an example, it ultimately is a case about the import of chocolate that somehow got twisted into a case about copyright.”

For the case of NASCAR, see reports in Washington Post and Paid Content.

For the case of Encana, see my summary reporter in examiner.com.

Claimed “copyrighted” video clip in the NASCAR case:

Claimed “copyrighted” audio clip in the Encana case.


Is Encana trying to subvert freedom of press by using copyright law?

Thursday, 21 February, 2013

Encana

According to CTV News “Encana seeks to remove embarrassing audio clip from Internet“,

Now the company is asking Chirbit to remove the clip, according to The Globe and Mail.

Encana is the copyright owner of the Recording. It was expressly stated at the outset of the Conference Call that ‘this conference call may not be recorded or rebroadcast without the express consent of Encana Corporation,’” Encana told the web site in a letter.

The Recording has been posted without Encana’s consent. The unauthorized use of this Recording clearly constitutes copyright infringement. … Encana views this matter extremely seriously and requests that you respond to the undersigned on or before the close of business on Friday, February 22, 2013, failing which, Encana will have no other recourse but to take all actions as may be available to it to protect its proprietary rights.

Chirbit has declined the request, invoking fair use laws and saying that under its policy, anyone who wants audio removed from its site should ask the poster to do so.

To hear it for yourself in order to make an informed decision, have a listen to the audio clip in question – Warning: Offensive Language. Also have a read of Globe and Mail report, “Encana wants embarrassing audio file erased from Internet“.

To me, it seems a case could possibly be made that Encana is trying to subvert freedom of press by using copyright law, ultimately if it comes to a lawsuit it will be up to the judicial systems to decide. Now you have listened to the recording, and read the relevant materials, do you think Encana is trying to subvert freedom of press by using copyright law?

Please share your thoughts and comments. All comments are moderated but all fair comments will be approved and I will defend your rights to freedom of speech.

Stretching and bending Copyright Law

It should be noted that copyright law has been used in Canada in recent years to over-reach (in my opinion) into other unrelated areas. Take Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37, [2007] 3 S.C.R. 20, a Supreme Court of Canada judgment on Canadian copyright law as an example, it ultimately is a case about the import of chocolate that somehow got twisted into a case about copyright.

Note: I have made a record of the audio clip in question as a backup in case the original recording was removed for any reason or by accident. Freedom of press is a principal worth protecting and fighting for by all working jouralists.


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