In 1985, a Photographer named Art Rogers shot a photograph of a couple holding a line of puppies in a row and then sold it for use in greeting cards and other similar products. Later, a renowned artist, Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to create a set of statues based on the image without Rogers approval, sold it across the globe.
Koons made huge profit from selling several of these structures. Upon discovering the copy, Rodgers sued Koons for copyright and Koons responded by claiming fair use by parody.
The same copyright infringement case occurred between Richard Prince a well known appropriation artist and French photographer Patrick Cariou. For an exhibition in the Gagosian Gallery, Prince appropriated 41 images from a photography book by French photographer Patrick Cariou, claiming fair use that he created new meaning out of the photographs. Cariou argued that it wasn’t fair use, but copyright infringement.
Also, Jonathon Mannion photographed an iconic image of basketball player Kevin Garnett for SLAM magazine. The beer brand Coors recreated the photo for an LA billboard advertisement.
Assuming DACC had been in existence, there won't be infringement issue because Content owners would have used DACC to secure their work. Users would have seek for permission, considerable fee would have been paid in DACC token to the owner. Both content owners and content users would make more money without any court cases because in DACC concept, every users must seek owners permission to use their contents.
In October 2017, Flo & Eddie v. SiriusXM, a case concerning pre-1972 sound recordings, which are not protected under federal law, and the public performance right, Florida’s Supreme Court stated that, in bringing the case, “Flo & Eddie essentially asks this Court to recognize an unworkable common law right in pre-1972 sound recordings that is broader than any right ever previously recognized in any sound recording” and ruled that “Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings.”
Also, Vanilla Ice had a hit, in 1991, with Ice Ice Baby — it sampled but did not credit the song Under Pressure by David Bowie and Queen. Though at first denying it, Vanilla Ice later retracted the statement saying it was “a joke”. Facing a lawsuit by the duo, Vanilla Ice ‘fessed to sampling the work.
If DACC had been invented then, there won't be any issue the sound record would have been secured because DACC algorithms protected every content from being copied or stolen and its IAM uses permission maps which allows content owner to deny all unauthorized users access to his/her content, IP or data. DACC merkle roots allows smooth transaction scalability and verification with the use of smart contracts to help define rules for token exchanges and ensure the transactions run perfectly. DACC is created mainly for security purpose.
In August 2017, a case of copyright was decided by the Ninth Circuit to affirmed a lower court ruling in Disney v. VidAngel, in which VidAngel which was providing a service that decrypts DVDs and filters “objectionable” content from movies and TV shows, and streams the programs to its customers. The U.S. District Court for the Central District of California issued a preliminary injunction against VidAngel, holding that its service violated Plaintiffs’ exclusive rights to reproduce and publicly perform the movie-studio plaintiff’s copyrighted works, and violated DMCA Section 1201(a)(1)(A) by circumventing the technological protection measures on DVDs and Blu-ray discs. It further rejected VidAngel’s argument that a content filtering service complies with the Family Home Movie Act (FMA) as well as its fair use defense.
Here, we need to understand what DACC has to offer its users. Decentralized Accessible Content Chain (DACC) uses blockchain technology to ensure encryption of user's data so as to protect it from unauthorized users. It algorithms protects every content from being copied or stolen and its IAM uses permission maps which allows content owner to deny or give access to his/her content, IP or data. Majority of musicians and others have suffered the same faith with the plaintiff here. Many copyright law have been violated. Some owners may not have money to sue the infringers or time to spend on the case before it is decided may be too long or lack of knowledge on how to prosecute the violator in the court of law may be the issue.
It should be noted however, that prevention is better than cure. It is better and reasonable to get your work secured with the use of DACC and make more profits.
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