Legal bid for Ecuador forest to be recognised as song co-creator
theguardian.com
theguardian.com
So is this really meant as some kind of backdoor activist legal hack (e.g. use this copyright case to ultimately change the environmental policy of some major countries)? It smells a little like https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput... [1].
[1] Also the coda of that monkey case is a pretty good example of the value of copyright outside the MPAA/RIAA/Reed Elsevier/etc. focus pushed by anti-IP activists.
That sounds unlikely. Just because one country does something silly does not mean other countries have to follow suit.
Instead people should just assign the copyright to some sort of trust or non-profit dedicated to the forest.
From a philosophical point of view, I'd argue that trees and life have much more of the ability to make choices and even express creativity than inanimate objects like a rock or even a computer.
IIRC in some courts recently, it was decided that the output of LLMs cannot be copyrighted.
It will be interesting to see how this legal case goes.
Good thing they got that covered, then. As per the article:
> In a historic ruling, the legal personhood of the Los Cedros biological reserve was recognised by Ecuador’s constitutional court in 2021, when it determined to cancel mining permits in the reserve.
> Instead people should just assign the copyright to some sort of trust or non-profit dedicated to the forest.
People can be corrupted and bought. Someone who acts on behalf of another can betray the latter for personal gain. See for example the stories of Britney Spears and Brain Wilson.
On the other hand, if the entity owns itself, you can’t legally harm it without consent, which can’t be given. See also The Tree That Owns Itself.
By the same token, the forest can't exactly start a lawsuit either (unless someone acts on its behalf, in which case we are back at the same person).
Just because they declared it a legal person, doesn't mean it actually is, in terms of how that phrase is normally used. At the very least a legal person normally can enter into contracts, buy and dispose of property. Like you said, the forest can't consent, and being able to consent is what it means to be a person.
They only act through the stewardship of natural persons who serve in their interest.
You could do the same for a forest by electing some trustees or whatever.
[1] https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
Afaik, neither ended up owning the copyright (in usa, britian is more complex). The monkey doesn't own it, but neither does the photographer dude.
An interesting part of the case is it seems like PETA were mostly motivated by their own selfish interests to make money. Which is one of the big problems with nature legal personhood - at some point a human has to make decisions for the natural entity, and interests might be misaligned.
https://www.youtube.com/watch?v=ZxRjncYGLHE
(Cosmo Sheldrake is one of the composers, so this seems to be an original upload of the song.)
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This video is not available.Thanks, that's a handy website.
I don't see how this would succeed without opening a can of worms that would muddy a whole lot of things.
[0] - https://www.politico.eu/article/ursula-takes-on-the-big-bad-...
[1] - https://www.politico.eu/article/von-der-leyen-campaigning-ha...
[2] - https://www.theguardian.com/environment/2024/jan/27/a-wolf-k...
From that perspective, it doesn't really make much sense for an entity other than a human or group of humans to hold copyright of a work. A non-human entity doesn't have the capacity to choose where to direct their efforts based on future economic/reputation gain, so copyright or lack thereof will not affect their contributions to creative works.
So whether this is good or bad depends on the specifics of how copyright works in the relevant jurisdiction. If a human author has the ability to unilaterally choose whether any non-human entity will hold copyright of a work, or if a human has the ability to unilaterally capture all gain resulting from the work, then I see this as generally good -- it has no major negatives, and allows humans to recognize the important of non-human entities.
However, if a non-human entity automatically holds joint copyright, and a human coauthor cannot make unilateral decisions about the work, then this could be a bad thing. Human would tend to choose to avoid involving a non-human entity in the creation of a work, since they would get less incentive from doing so. That to me feels like the exact situation that that copyright was invented to avoid.