San Francisco, CA— Free Speech vs. “Intellectual property rights”
Some people seem to think that free speech is absolute. There however are limits to free speech such as in the following situation: EARTH AT RISK 2014.
The Fertile Ground Environmental Institute had an event they hosted titled "EARTH AT RISK 2014". Where they invited speakers to speak at the forum. Where a fee was charged for the event at a public venue conference at the Palace of Fine Arts Theatre. The theme for this year’s conference was “What’s your focus”. Fertile Ground Environmental Institute is a non-profit organization dedicated to promoting environmental issues and socials justice.
During this event there was a bit of a misunderstanding on the use of what we all know is termed "Free Speech". You cannot sit in the front row at a private event and videotape the event and then where you are asked to stop, then claim your free speech rights are being violated. No more can you go to a concert where artist are performing and video tape the event and then claim you are doing it as your first amendment right.
Where at EARTH AT RISK 2014 it had been clearly explained that the conference was being video taped for future use of the organizers to sell video with their “Intellectual property rights” on it. Free speech does not give people the right to steal other speakers “Intellectual property rights” by using free speech as their justification.
Here are few examples of the laws involved:
Do individuals have First Amendment rights on others’ private property? Generally no. The Bill of Rights provides protection for individual liberty from actions by government officials. This is called the state-action doctrine. Private property is not government-owned. Restrictions on individuals’ free-speech rights on private property do not involve state action.
How about on private property?
The general rule is that the owners of private property can set rules for speech on that property. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply). But your speech may not be restricted if it is taking place on your own property or with the consent of the property owner.
Photographing protests
Do I have the right to photograph or videotape during protests?
Yes. When you are lawfully present in any public space, you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and the police. When you are on private property, the property owner may set rules about the taking of photographs or video. Police officers may not confiscate or demand to view your digital photographs or video without a warrant, nor may they not delete your photographs or video under any circumstances. However, they may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
What is intellectual property?
The term “intellectual property rights” refers generally to the ownership rights over a creative work. The most common types of intellectual property are trademarks, patents and copyrights.
What are the consequences of a copyright violation?
There are both criminal (i.e. jail) and civil (i.e. money damages) for a copyright violation. A criminal violation must be intentional and for financial gain. If convicted, a violator can be imprisoned, fined and have all equipment used in the violation confiscated. A civil violation can result in money fines and the confiscation of all copies.
What is the “fair use” doctrine?
The “fair use” doctrine is the most common defense to a copyright violation. 17 U.S.C. §107. The fair use doctrine allows a person to use copyrighted material for criticism, comment, news reporting, teaching, scholarship, and research without permission from the copyright owner. Caution must be taken, however, when copying without permission since there is always a risk the copyright owner could sue and the alleged violator would have to prove “fair use” as a defense in court.
How is the fair use defense determined by a court?
The court will analyze the following questions in determining fair use:
• Is the violator making money from use of the copyrighted work;
• What type of work is being copied;
• How much of the copyrighted work is being used; and
• What is the commercial impact of the copying on the copyright holder? (This is the most important factor.)
Now the question arises was this videotaping that was being done, being done as a form of free speech or just somebody trying to make use of other people’s “Intellectual property” for their own personal gain and then claim their free speech rights were being violated when they were asked to stop or leave or was it the complete opposite that was true?
Written by James Garland of Tulelake News
PO Box 772
Tulelake, CA 96134-0772
Home Phone (530) 667-4744
Cell # (530) 708-7852
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