hi

Friday was the day for submissions on this section 92 review, and
although I had known that for some time I did not start writing until
about 3:30 that afternoon.  That means I didn't get to run it past you
lot, I didn't squeeze everyone's opinions in, and I confabulated where I
could not recall details.  Also I missed at least one apostrophe.  Sorry
about that.  On the positive side, it is short and mostly to the point.

Douglas

-------- Original Message --------
Subject: Section 92
Date: Fri, 07 Aug 2009 16:57:04 +1200
From: Douglas Bagnall <[email protected]>
To: [email protected]

Dear MED,

The Aotearoa Digital Arts network was formed by and for New Zealand
artists who use digital media.  We hold regular symposia and maintain
a vibrant email discussion list.  Our main focus is on visual arts in
the traditional gallery-centric sense, though many of our 200 or so
members are primarily musicians, theatre practitioners, film-makers,
writers, or otherwise artistically oriented.  Some of us are also
members of the CFF and APRA and other groups that purport to represent
artists, but ADA is not affiliated with them.

In July we discussed Section 92, and copyright in general, on our
mailing list.  Although our members have widely ranging views, there
were some points of consensus:

* We think disconnection is an excessive response.  Most digital
  artists depend on internet connections for their livelihood, and
  many of us use shared connections in studios, offices, or flats.
  Disconnecting what seems like an infringing account from the ISP's
  point of view may well affect several innocent people, perhaps
  drastically.

* We are not all particularly fond of fines either, as they punish in
  inverse proportion to wealth, but we prefer them to disconnection.

* The sending of notices is fine.

* Most of us support the idea of copyright in general, if only due to
  a lack of plausible alternatives.  Those who suggested we oppose
  copyright as a concept were proposing this as a posture and not
  meaning to eschew its protection for their own work.

* We are all users of open licenses, whether as consumers or
  producers, and most believe they are a useful option for artists.
  Although it may not seem directly relevant to the section 92 review,
  copyright law should be written with support for these kinds of
  licenses in mind.

Somebody also suggested a surcharge on internet traffic that could be
redirected toward artists, but this was not widely supported.  Another
person proposed a set of rites that downloaders should perform that
would put them in a grateful frame of mind.  Although this may not be
legally practical, it is interesting to shift the debate from the
damage to rights holders profits to the damage inflicted upon
downloaders souls by an excessive sense of entitlement and greed.

The email list discussion can be found here:

http://list.waikato.ac.nz/pipermail/ada_list/2009-July/date.html

regards,

Douglas Bagnall
(on behalf of the Aotearoa Digital Arts trust)




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