If we can prevent the government from wasting the labor of the people
under the pretense of caring for them, they will be happy. - Thomas Jefferson


Wednesday, February 3, 2010

How dare we legislate without input from Europe

In October of 1998, the Fairness in Music Licensing Act was passed in the U.S. in a way that amended our copyright laws. The FMLA permits, under certain conditions, the playing of radio and television music in public places (bars, shops, restaurants, etc.) without the payment of a royalty fee.

Seems pretty fair to me. Having a television in the waiting room or a game on at the bar is a matter of convenience. I'd have a hard time believing that said television was the draw that brought people through the door. No royalty fees are necessary because no profit is being made from the content being displayed.
A matter of discussion, to be sure, but I'm not sure its a discussion we need to have with the world.
But, Oh No, Not This Time.

5 months after our law was enacted, a handful of, and I quote, 'European Communities' went to the World Trade Organization to complain. Of course, the WTO summarily discovered that a substantial majority of eating and drinking establishments and close to half of retail establishments were covered by the business exemption.
I've yet to see any reason for the Europeans to step into what we do in our establishments, but to this, they cry foul. This apparently violates an agreement we signed long before.

Seeing that the 'European Communities' were on to something and that the WTO was about to start shitting U.S. tax dollars, Australia, Brazil, Canada, Japan, and Switzerland jumped on board to complain of this as 'third parties.'

Of course, the WTO found us at fault. Demanded we change our laws and fined us a great deal of money. Money of which we are paying to this day.

I've already gone far enough, if not too far in this relatively uninteresting bit of bureaucratic red tape. But I'll summarize:
Because we adjusted our copyright law to allow businesses run a television in their establishment, we are attacked, sued, fined and ordered to pay restitution to a random smattering of countries from around the world. (Explain to me how our law affected Japan and why they have a right to damages from us because I watched a game at the bar last week)

THIS is whyipaytaxes.

read more: DISPUTE SETTLEMENT: DISPUTE DS160 (WTO)
(Thanks to a Slate story for the link)

1 comment:

Anonymous said...

Some days I feel so violated by the government.

Can't wash the dirt off...