Injustice for All, Summary Misjudgment is a documentary describing the times and troubles of some everyday working independent artists. The allegations are about the way they were treated and mistreated in our court system. Their work was allegedly taken or used to make extremely similar works without their knowledge or consent. It is about how the system let them down, was used against them and in some cases used to try to punish them.
I have written about copyright infringement for a long time. I am getting into it here for several reasons but the most important is the people and what our system has done to them, their families, their reputations and their economic futures. It is a travesty for people to have this happen to them. The idea that copyright infringement is seen as a modern day dinosaur by some and a simple way of saving money by many companies is wrong. First, it is a crime in many cases. There have been many new laws that try to help the situation but have really not done near what was hoped when they were written. Secondly the act is taking something from someone else for your own private enjoyment or profit. That is usually described as theft. Just ask the person who created it.
The documentary starts with a case about a song, then a movie, a popular cartoon character, a video game and another movie. It is wide ranging and informative. I have had discussions with some of the people in the documentary, waiting on some to get back to me and then with some others who are not associated with the documentary but with the same type of experiences. I am not going into detail in this article. There may be more actions coming concerning the legalities in the cases and I am not going to jeopardize those cases by making statements here even though they would be my personal opinions. The main theme in the documentary is the federal court use of a process called summary judgment that is a legal method to process some claims.
However, the usage should be restricted to cases where there are no material issues of law. Copyright claims are really based on a major discrepancy about the facts and those are supposed to be handled by a jury not a single person setting behind a desk trying to expedite cases and clear the docket. The 7th amendment is mentioned many times in the documentary as it should be. It states very clearly that we have the right to a jury trial in civil cases. There are restrictions and conditions that may affect the right but summary judgments should not be one of them. Even the Chief Justice of the Supreme Court argued in front of the court before he was a justice of that court that jury trials should be used in the cases of statutory damages. He won the case with a 9-0 decision of the court. Justice Thomas wrote the decision for a unanimous court. Strange that in the last couple of decades we have gone from protecting the jury system to trying to remove it from the people who really need it.
I fully understand that there are two sides to the stories but, the real issue is the real people that this has hurt and will hurt in the future. The system is tilted toward one side so badly now that the odds of a person winning a major case against a major company or studio is almost zero. It has been that way for some time in some federal districts. I can foresee a time when some lawyer is going to argue that the 7th Amendment is obsolete. They are and have tried to argue that the 2nd Amendment should no longer apply. The 1st amendment has come under attack. The problem is the courts want to set their agendas ahead of the constitution is seems. I can find nothing in the constitution that states our rights are subject to review by an attorney or judge just because they do not like it or they can find a way to work around it. I carry a small pamphlet with me either in my pocket or case. It cost $ 2.95 at a book store. It is called The U.S. Constitution And Fascinating Facts About It. Every American citizen should actually read the constitution instead of letting other people tell you what is in it or what it means.
Here are a couple of quotes by Thomas Jefferson. I just hope the American who read this know who he was.
“We in America do not have government by the majority. We have government by the majority who participate.”
“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
“The purpose of government is to enable the people of a nation to live in safety and happiness. Government exists for the interests of the governed, not for the governors.”
“If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.”
― Thomas Jefferson
It is time for the people to start to take back the rights that the courts are letting be taken away. Have you ever read the Terms of Services that are being written now? Many companies and items I will not use after I actually read them. They are taking away your right to jury trials, copyright ownership and privacy with a click of a button.
The average person will probably not take the time to read this. They also probably could care less because they do not see a problem with copyright infringement as many do it on a daily basis. The rest of us need to stand up and say enough is enough. I am in the group standing up because if we do not, the next generation of artists will be restricted, have no control of their work and not be independent anymore. The people in the documentary have all paid a price for standing up for their rights. Their cases are unique and frustrating to say the least. We are fortunate in this country to have people who will stand up for their rights even if it costs them a lot of money and time. It really seems this has come down to money. The courts want to save it by not having trials; the people who infringe the work are trying to make money without paying royalties or doing the work themselves.
The simple fact is if we do not stand up and fight, they will take our rights away a little at a time until they are gone. It starts with one amendment in the constitution going under attack. Right now there are people who want to say parts of the Constitution are obsolete and need changed. Which ones are next, the 13th, 19th or the 21st? Those are just a few of the more emotional ones that would cause a firestorm so why not the Bill of Rights, the original 10 amendments? The very amendments the founding fathers argued and fought for because they thought they were the most important rights to guarantee.
It seems no one cares unless it affects them. If they get one amendment, they will get them all eventually. I strongly urge you to read articles concerning copyright infringement and summary judgments, to buy and watch the documentary discussed here and read the stories about the people on the DVD.
I will include their stories and details on their cases in the following articles concerning the legalities, the law and the courts. There are lawyers and judges sticking up for our rights. We are not alone. We need to support them, help them as they are supporting us and trying to make a difference. The link will take you to a clip of a hearing by the Hollywood Bar Association. The clip is short and discusses something we should all consider, “The Death of Copyright”.
Carla B. Boone of Holla’back Records is selling the DVD, InJustice for All: Summary MisJudgment. Pick up a copy to help support the independent artists everywhere.
I am not an attorney. These are my personal opinions and general information only. These are not legal advice and should not be used as such.