Archives for licensing



Would You Help Your Kids Cheat to Get a Driver’s License?

A reader named Ari writes from Israel:

Recently the Israel Government voted to change the minimum age for getting a driver’s license. Here is a snippet from an article in Ha’aretz (headlined “Israel to Lower Driving Age, but Tack on Period of Mandatory Supervision”):
 
The earliest age to start driving lessons will remain 16 and a half. The period of driving accompanied by an adult will have to cover at least 50 hours, 20 of them on urban streets, 15 hours on inter-urban roads and 15 hours of driving at night. The novice driver will have to have an adult chaperone at all hours of the day during the first three months but only at night during the second three months. After the novice driver and the accompanying person sign a declaration that the accompanied driving requirement has been fulfilled properly, the new driver will be given a young driver’s license.
 
I’m curious as to how the honor system is going to work here. If my child’s license were to depend on my declaration, what are the chances that I would fudge? How would the governing agency know? It seems to be unverifiable. I assume that there will be some internet-based form with a checkbox and maybe some number to fill in (number of hours driven night / day / rain / …) I believe that forcing a person to write his own declaration would make it more difficult for him to lie.

Read More »



Why Is There a Rule Against Poetry Critics Quoting Poetry?

In a recent article, the poetry critic of the New York Times complained that to do poetry criticism right, it’s often necessary to quote extensively from a poem. Indeed, in the case of a short poem, it might be helpful to readers to copy the whole thing. But, the critic said, this can’t be done because it might run afoul of copyright law.

It is true that copyright law prohibits the unauthorized copying of any substantial part of someone’s poem, song, or other work. What does “substantial” mean? Well, in one recent case, a federal court held that rap group N.W.A.’s unauthorized sample of a two-second guitar chord was infringing. The court’s holding was clear: “Get a license, or do not sample.”

Is this a good policy? From an economic perspective, no. Use of a small bit of someone else’s creative work to build a new creative work rarely harms the economic interests of the first copyright owner, because most “derivative” works do not directly compete with the original. In the case mentioned above, no one thought that N.W.A.’s rap song “100 Miles and Runnin’” would lure potential paying customers away from Funkadelic’s “Get Off Your Ass And Jam.” (Note: neither song is safe for work.) Read More »



The Music Industry Copyright Battle: When is Owning More Like Renting?

A rash of recent news articles (like here and here) have noted that in a little over a year, an obscure provision of U.S. copyright law takes effect – one which allows songwriters and musicians to exercise their “termination rights” and take back from the record labels many thousands of songs they licensed 35 years ago.

So, for example, Boston will be able to take back Don’t Look Back. Gloria Gaynor can repo Love Tracks, and Elvis Costello can reclaim This Year’s Model. Less auspiciously, Kiss guitarist Ace Frehley can reclaim his entire solo album. (The music industry may not mind losing this one.) And every Jan. 1, a whole new crop of artists looking to lay claim to their termination rights will appear.

The music industry, already reeling from online piracy and digital downloads, is fighting back against what they see as the looming loss of their property—and the huge profits that still come from some of these records. Why would Congress create a system where, 35 years after making a record that no one knew for sure would be a hit, musicians could take back control—and profits—over the best-selling songs? Read More »