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European Copyrights Expire; RIAA Nervous

colmore writes "This article in today's New York Times (free reg. req.) discusses the expiration of European copyrights for recordings made in the 1950s. Now "bootleg" labels can legitimately print a lot of still-popular early rock, country, jazz, and classical albums. The good folks at the RIAA are trying to establish stricter customs controls. So does this mean cheap Elvis or a diluted pool of products?"

276 of 536 comments (clear)

  1. Is this the same in the US? by Kevin+Stevens · · Score: 4, Interesting

    Does this work the same way in the US? Is older music no longer copyrighted? I assume this is NOT the case, or else P2P networks would have alot more legitimacy. Will US music ever go into the public domain?

  2. So You're Saying... by HyperColor+Underware · · Score: 2, Interesting

    So you're saying that this might actually degrade quality of songs that were made before the digital age?

    The reproduction will be near flawless; in fact, wouldn't they be able to reproduce the new Elvis Greatest Hits thing? Or by re-mastering it, do they create a new copyright on said recordings?

  3. I can see the customs agent now.. by Uhh_Duh · · Score: 4, Funny

    "It looks like he's shipping his grandmother a CD-R of 'Rock Around the Clock' remixed 13 times... ARREST THIS MAN!"

    --
    -- People who hate Windows use Linux. People who love UNIX use BSD.
  4. RIAA by der_saeufer · · Score: 5, Insightful

    The RIAA is the Recording Industry Ass'n of the AMERICAS... but you can bet anything they'll try to get their fingers into that one. If there was an RIAE (Europe) in the 1450's, Gutenberg would have been shot and his press burned.

    1. Re:RIAA by MrScience · · Score: 2

      I thought you said, "Recording Industry Assassins of America"

      --

      You quitting proves that the karma kap worked. The most annoying of the whores shut up. --CmdrTaco

    2. Re:RIAA by alienw · · Score: 2

      Almost every country regulated printing presses and issued special licenses for them until fairly recently. I would suggest reading a history book.

    3. Re:RIAA by swb · · Score: 2

      I forget, but if Gutenberg printed any bibles in German he was committing heresy and could have been burned at the stake.

      The copies I've seen indicate that the original bibles were in latin, which wouldn't have been as much of a problem, although it suggests a heresy by promiting a personal relationship with God.

    4. Re:RIAA by glesga_kiss · · Score: 2
      In Russia when a first Russian printer started to print the copies of Apostol (deeds of Apostols), the hand copiers hated him and made his life really terrible...

      Much like the p2p distribution of media will outdate traditional media like CDs, DVDs etc. Welcome to progress.

    5. Re:RIAA by the_2nd_coming · · Score: 2, Insightful

      but that was to keep disidents from printing news letters, not to protect a copyright holder.....

      interpret your history.

      --



      I am the Alpha and the Omega-3
    6. Re:RIAA by Arrgh · · Score: 5, Interesting
      Gutenberg printed Bibles in Latin; it was Martin Luther who translated them into German and printed them for "ordinary" people. Here's a fun quote from Neil Postman's Technopoly:

      "Gutenberg, for example, was by all accounts a devout Catholic who would have been horrified to hear that accursed heretic Luther describe printing as 'God's highest act of grace, whereby the business of the Gospel is driven forward.' Luther understood, as Gutenberg did not, that the mass-produced book, by placing the Word of God on every kitchen table, makes each Christian his own thrologian -- one might even say his own priest.... In the struggle between unity and diversity of relgious belief, the press favored the latter, and we can assume that this possibility never occured to Gutenberg."

      Next time you need something nitpicked to death, you know who to call. ;)

    7. Re:RIAA by lommer · · Score: 2

      "The RIAA is the Recording Industry Ass'n of the AMERICAS..."

      Isn't it the Recording Industry Ass'n of AMERICA (no 's' at the end)? that would exclude canada + mexico, but then you see the RIAA getting their dirty paws in those cookie-jars too...

    8. Re:RIAA by Lonath · · Score: 3, Insightful

      If there was an RIAE (Europe) in the 1450's, Gutenberg would have been shot and his press burned.

      It came along later. It was called the "Stationer's Guild".

      Here's a little story:

      Once upon a time there were these entrenched powers that effectively controlled the creation and dissemination of information because it was so difficult to copy in large quantities. Then, this new technology came along and made it much easier for people to create and distribute information. This threatened the entrenched powers so they went to the government and made it illegal to use the technology except for a select few.

      Now, the beauty of this little story is that you can replace "Technology" with "printing press" or "Internet and Computers" and come up with a true story. Or maybe it will be a true story. It isn't quite true for the Internet and Computers, but that's what they're trying to do. Remember that this isn't about piracy (although you shouldn't steal musing using P2P). It's about control and this battle has been fought before and the result before in this nation was the First Amendment rights of freedom of speech and the press. It's interesting that they didn't stop at freedom of speech. Why did they mention a technological method of creating and distributing information? My guess is that they understood that a government can make speech pointless if they restrict you to only being able to actually speak. You have to be able to use the technology that's available or else your freedom of speech is pointless. Nobody will ever hear you. I believe this principle will win in the end since politicians once people explain to them that this is the same battle that was fought over printing presses 400 yaers ago and was settled in the Constitution in the First Amendment. :)

    9. Re:RIAA by DarkZero · · Score: 2

      Thanks to the wonders of global corporations, the Recording Industry Association of America, the Recording Industry Association of , the Recording Industry Association of , and probably the Recording Industry Association of are all pretty much the same people, or at least subsidiaries of those people that were once independent national businesses based in their home country. You could arguably refer to them as "The Recording Industry Association of Planet Earth (RIAPE)", but because the people posting this on Slashdot are Americans and most of the RIAPE's attacks on sane copyright law stem from the United States, we just call them the RIAA.

    10. Re:RIAA by Arrgh · · Score: 2

      Fascinating summation, thanks for taking the time. Biblical scholarship is one of those things that I'd probably find fascinating if I weren't an atheist and didn't already have a few too many hobbies. ;)

  5. I thought 95 years was to match the european ... by CSG_SurferDude · · Score: 2

    I thought that the 95 years was to match the European Copyright system.

    Where the heck did I get that idea?

  6. Nobody will buy them... by Dimwit · · Score: 5, Funny

    Yeah, but, I just don't think Elvis sounds as good when he's been translated to French.

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:Nobody will buy them... by sconeu · · Score: 2


      I just don't think Elvis sounds as good when he's been translated to French.

      But now you can get all those priceless Jerry Lewis recordings... "Gee, Lady!"

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Nobody will buy them... by Pseudonym · · Score: 3, Funny

      Actually, it could arguably be an improvement.

      Ah, you've never really heard Elvis until you've heard him in the original Klingon.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    3. Re:Nobody will buy them... by Doomrat · · Score: 2

      Yes, because everybody in Europe is a Frenchman or a Nazi.

    4. Re:Nobody will buy them... by spaceyhackerlady · · Score: 2
      Yeah, but, I just don't think Elvis sounds as good when he's been translated to French.

      ROFLMAO: I have these visions of Elvis performing "Ca plane pour moi":

      Wam! Bam!
      Mon chat, splatch
      Git sur mon lit
      A bouffe sa langue
      En buvant dans mon whisky...

      People who did French in high school needn't worry: the lyrics are nonsense.

      There are probably MP3s and similar nasties floating around the net if you want to hear it. Look for the original (by Plastic Bertrand), or Telex's bizarre cover. Telex did Rock Around The Clock on the same album. It sounds like it was performed by drunk robots...

      ...laura

    5. Re:Nobody will buy them... by Bios_Hakr · · Score: 2

      What? The ones where he is bangin' his 12 yeay old cousin?

      --
      I'd rather you do it wrong, than for me to have to do it at all.
  7. Wow by beldraen · · Score: 4, Insightful

    I never thought I would see in my own lifetime a copyright expire. Honestly, this is an interesting feeling that I can legally use some music of my culture I grew up with without being charged with a crime to do so? Except, this probably doesn't help me much since I live in America, eh? *sigh*

    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
    1. Re:Wow by Mononoke · · Score: 2, Informative
      Most of the music available in USofA exists with expired copyrights. Traditional Xmas tunes, Sousa marches, most ragtime jazz, most jazz, period.

      But, since there's not much money to be made on tunes with expired copyrights, there's not much reason to record them (other than to put your name on an Xmas album.)

      Plus most the music is, like, dated, dude.

      --
      NetInfo connection failed for server 127.0.0.1/local
    2. Re:Wow by Mac+Degger · · Score: 2

      Well, it's not that strange: some piece of copyrighted material falls into the public domain every day in every year. It's just that these are some wellknown pieces that will do so at different times this year :)

      --
      -- Waht? Tehr's a preveiw buottn?
    3. Re:Wow by Daniel+Phillips · · Score: 3, Insightful

      I never thought I would see in my own lifetime a copyright expire. Honestly, this is an interesting feeling that I can legally use some music of my culture I grew up with without being charged with a crime to do so? Except, this probably doesn't help me much since I live in America, eh? *sigh*

      Yes. Well. I've been invited to move to the U.S. at least half a dozen times this year. No way am I doing that, I value my freedom, I value free expression of ideas.

      Kind of funny it's come to that, huh?

      --
      Have you got your LWN subscription yet?
    4. Re:Wow by Minna+Kirai · · Score: 2

      No, in the US at least, there are no copyright expirations right now. In 1975 there were, when materials published in 1921 were expiring and becoming Public Domain. But in 1976, copyrights got 19 years added onto them. So everything pre-1923 had expired already, but things published afterwards wouldn't start expiring again until 1997.

      There was a brief period of renewed PD growth, but then copyrights were retroactively extended again. So now we can wait for 2018 for the next work to expire.

      And that's assuming Congress doesn't roll it back yet again.

      (The "strange" part, of course, is the surprised feeling a USian gets upon noticing entire planet doesn't suffer the same laws quite yet. A situation the RIAA will surely rectify, if the MPAA doesn't beat them to it.)

      (My dates may be off by a year here or there, but the principle is the same. Here's an informative anti-copyright extension page that only has vague chronology)

    5. Re:Wow by Mac+Degger · · Score: 2

      Ah...well pointed out...I was thinking a bit EUcentric for a moment there :) Hmmm...makes you wonder if the JFK files will get copyrighted by the government so they can hold on to them longer :)

      --
      -- Waht? Tehr's a preveiw buottn?
    6. Re:Wow by gorilla · · Score: 2
      But, since there's not much money to be made on tunes with expired copyrights,

      That doesn't make any sense. If I was to record a song which is copyrighted, I sell it and have to give a percentage to the composer. If I was to ecord a song which is PD, I sell it and keep that percentage. In either case, the actual recording is copyrighted, and thus no-one can legally copy my recording. So there is more money to be made on tunes with expired copyrights. For examples, go to the classical section of any music store. Rows and rows of CD's with Bach, Beethoven, Bramms etc, all of who's compositions are still very popular, but PD.

  8. Delute or Elvis? by The+J+Kid · · Score: 2

    [..] So does this mean cheap Elvis or a diluted pool of products?"

    Well, both actually. There will be junk albums with 1950 hits & lot's of junk to fill up, but also there'll be good cheap Elvis albums too.

    But it said Europian rights were expiaring...Does this mean that you can only sell this music in Europe? Or only music recorded in Europe? Anyone know how this works?

    --
    Moderation: +4. Modded 70% Funny and 30% Overrated. 100% Saturated.
    1. Re:Delute or Elvis? by Znonymous+Coward · · Score: 2

      >> Does this mean that you can only sell this music in Europe?

      The real questions is: Who cares? First of all, we are talking about Elvis. Secondly, with p2p you don't need to buy it.

      --

      Karma: The shiznight, mostly because I am the Drizzle.

    2. Re:Delute or Elvis? by susano_otter · · Score: 5, Funny

      "All these works are yours, except Europe's. Extend no copyrights there."

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    3. Re:Delute or Elvis? by jmozena · · Score: 2, Informative

      But it said Europian rights were expiaring...Does this mean that you can only sell this music in Europe? Or only music recorded in Europe? Anyone know how this works?

      This applies to recordings made anywhere, hence Elvis (recorded in Memphis, TN). Technically, selling a legally-produced European CD of post-copyright Elvis in the U.S. would be piracy.

      The RIAA seems to be worried less about lost U.S. sales from European imports than they are about lost European revenues by the major labels, which own the rights to entire artist catalogues, thanks to the contracts prevalent at the time which make the contracts that Courtney Love, et al. complain about now look like they're written with hearts over the "i"s and rainbows and unicorns in the margins.

    4. Re:Delute or Elvis? by Daniel+Phillips · · Score: 2

      The real questions is: Who cares? First of all, we are talking about Elvis. Secondly, with p2p you don't need to buy it.

      People care who take their cultural heritage seriously and also wish to obey the law. I realize that we're talking about a pretty small minority, getting smaller by the day. It's sad, really.

      --
      Have you got your LWN subscription yet?
    5. Re:Delute or Elvis? by dmaxwell · · Score: 2

      The reason why scofflaws are proliferating in this regard is that the law you venerate is a fucking joke. There is a particular brand of Grape Flavor Aid that tastes something like this: "Yeah, that law is pretty bad alright but if we all just obeyed the laws we wanted to then the world would go to hell in a handbasket." If those who make and enforce the laws are honest and upright then that sentiment works. The problem is that the people who make and enforce the laws are for sale. Why the hell should ANYONE respect a law that has been bought and paid for? Knowing what we know about that splattered son of a bitch Sonny Bono, why should anyone respect the copyright on Steamboat Willie for instance?

      When the laws in this country aren't paid for by corporate plutocrats then you'll see some more respect for them. Since those who obstensibly serve the people serve their lucre supply, fuck 'em.

    6. Re:Delute or Elvis? by susano_otter · · Score: 2

      That too.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

  9. RIAA? by DBordello · · Score: 2

    Why would the RIAA care? First, the A in RIAA America (ok, the second A). Also, do they not want people trading legally? I see no wrong doing in this.

    1. Re:RIAA? by Kwil · · Score: 2

      Also, do they not want people trading legally?

      No, they don't.
      They don't want people trading music at all, they want people buying music. Ideally, they want people buying music only from RIAA members and not getting any music anywhere else.

      Of course, I want a lot of things I'm not going to get too. The difficulty is that the RIAA has a lot of money to throw at making their wants into reality for the rest of us.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  10. Piratical by tpengster · · Score: 5, Funny

    "The import of those products would be an act of piracy," said Neil Turkewitz, the executive vice president international for the Recording Industry Association of America, which has strongly advocated for copyright protections. "The industry is regretful that these absolutely piratical products are being released."

    I'm quite regretful that such stupidical comments can make the NYT

    1. Re:Piratical by Mac+Degger · · Score: 2

      The funny thing is, it could just be a case of good, accurate reporting :)

      Hell, the sentiment expressed in the statement is just so wrong to start off with, the gramatical errors just compound the air of stupidity exuded by this Neil Turkewitz.

      --
      -- Waht? Tehr's a preveiw buottn?
    2. Re:Piratical by prnd_ndrd · · Score: 2, Informative

      \Pi*rat"ic*al\, a. [L. piraticus, Gr. ?: cf. F. piratique.] Of or pertaining to a pirate; acquired by, or practicing, piracy; as, a piratical undertaking. ``Piratical printers.'' --Pope. -- Pi*rat\"ic*al*ly, adv.

      Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.

      --
      Want to talk? ashaver AT pdx DOT edu
    3. Re:Piratical by tpengster · · Score: 2, Interesting

      Um... since these copies are being made after the copyright has expired, how are these "piratical products"? Where has piracy been committed?

      But then, why bother being objective when we can just call our opponents pirates in 7 different parts of speech? (Even though "piratical" is a noun according to your fine dictionary)

      Letting the RIAA control the language, (or in this case, the grammar) of the debate is the reason they are winning in the first place

    4. Re:Piratical by 91degrees · · Score: 2, Informative

      Where has piracy been committed?

      As soon as they enter the US as far as I can tell. Typically wording in bills will say something along the lines of "Producing, distributing or importing" to cover all bases. If you think that's ridiculous, you should check out the current insanity over a work derived from Peter Pan.

    5. Re:Piratical by Cato+the+Elder · · Score: 2

      "I'm quite regretful that such stupidical comments can make the NYT"

      Why? He's just shown to a large audience exactly how big an idiot he is. Really, you should hope for as broad an exposure as possible for every statement showing how ludicrous and extreme the RIAA's positions are.

    6. Re:Piratical by gearheadsmp · · Score: 2, Informative

      Don't forget that there's no such thing as "piracy" when it comes to duplicating intellectual property - piracy only applies when something physical is taken. What the double-speakers at the RIAA are saying in English is "copyright infringement" plain and simple. Don't let them lull you into thinking what goes around on peer to peer nets is piracy. These dolts want you to think of their product as physical when you aquire it illegally, but demand special execptions saying it's not physical.

    7. Re: Piratical by bezuwork's+friend · · Score: 2, Interesting
      I've wondered about the use of the word piracy with copyright. I did a search on Lexis and found that the word piracy was used for copying literary works at least as far back as the 18th century. One early US case is Wheaton v. Peters, 33 U.S. 591 (1834) which references the following British case (1700s):

      Miller v. Taylor, 4 Burr. 2307 (Lord Mansfield)

      Is there any law student who has access to British cases who can get the text of this case? It would be fun to track down the original use of the term with copyright.

  11. Yes, it's the same. by HyperColor+Underware · · Score: 4, Informative

    Any music that has an expired copyright is of the public domain.

    However, the RIAA & MPAA and other organizations have government backing, and have extended United States copyright laws well beyond the European 50 or so. I believe the current law is 95 years in America, and it can only be made longer by our wonderfully corrupt politicians.

    Can I have like, +5 for calling politicians corrupt? Everybody else gets points for just spouting crap, and as long as they say something against the "system" they get hella points. Oh well.

    1. Re:Yes, it's the same. by geek · · Score: 3, Informative

      It's 70 years with pending legislation to extend it to 100, if I remember correctly.

    2. Re:Yes, it's the same. by I'm+a+racist. · · Score: 5, Interesting

      The problem in America is that Congress has implemented retroactive extensions to copyrights.

      What this means is that someone created some content, at year 0, with full knowledge that the copyright would expire in X years. At year (X - 1), Congress extends copyrights to (X + Y) years. Now, said content is still under copyright until year (X + Y), even though it's creator had accepted the fact that it would fall into the public domain at year X.

      This is what Lessig was in front of the Supreme Court for. Congress can arbitrarily apply a copyright extension every time a chunk of media (eg. "Steamboat Willie", owned by Disney - the first appearance of Mickey Mouse) is about to fall into the public domain.

      Clearly, Walt was okay with the idea of Mickey becoming public domain in X years, but Eisner sees things a bit differently...

      --


      Down with Saudi Arabia!!!
    3. Re:Yes, it's the same. by Kevin+Stevens · · Score: 3, Interesting

      I am not one to defend Corporate America, but if you were Eisner, wouldnt you do the same? If one of the cornerstones of your business were to all of a sudden become freely reproducible, wouldnt you try to stop that from happening? I personally believe that an artist should have the right to his work during his lifetime, and to some extent believe the artist's survivors should have some entitlement to benefit from the copyrighted work. I think the problem lies when copyrights only benefit the businesses who bought them. However, I see no reason why only SONY music should have the rights to work done in the 50's if the artist is not still compensated in some form.

    4. Re:Yes, it's the same. by Anonymous Coward · · Score: 2, Insightful

      Of course people would do the same as Eisner. Eisner has a responsibility to the companys shareholders. But that doesn't mean that Congress should listen. That's the problem - not that Eisner wants extensions.

    5. Re:Yes, it's the same. by AragornSonOfArathorn · · Score: 5, Interesting

      I am not one to defend Corporate America, but if you were Eisner, wouldnt you do the same? If one of the cornerstones of your business were to all of a sudden become freely reproducible, wouldnt you try to stop that from happening?...

      Will having "Steamboat Willie" (or any other equally old work) in the public domain really hurt the copyright holder? Is there really so much demand for Steamboat Willie tapes, DVDs, T-shirts, cereal, and whatnot that if it was freely available it would really affect their bottom line? Ok, I'm exaggerating slightly, but my point is some media company's (like Disney's) whole operation is not going to come crashing down if some near-100 year old work is in the public domain.

      --
      sudo eat my shorts
    6. Re:Yes, it's the same. by Sonny+Yatsen · · Score: 4, Funny

      Just think. If Legislation pushes it to 100 years, then we might have to wait a few years to hear Edison sing "Mary had a Little Lamb" without having to worry about copyrights.

      --
      My postings are informational and does not constitute legal advice. Act on it at your risk.
    7. Re:Yes, it's the same. by plague3106 · · Score: 5, Insightful

      I think another big problem is that the RIAA is saying that the copied works in Europe are still piracy, even thought its perfectly legal to do so in the EU.

    8. Re:Yes, it's the same. by mendepie · · Score: 4, Interesting
      Will having "Steamboat Willie" (or any other equally old work) in the public domain really hurt the copyright holder? Is there really so much demand for Steamboat Willie tapes, DVDs, T-shirts, cereal, and whatnot that if it was freely available it would really affect their bottom line?

      While copies of Steamboat Willie leagally floating around does not directly scare Disney that much, it is the character of Mickey Mouse that does.

      Today you cant use the Mouse's image without being hounded (and loosing to) disney's Lawyers. When the copyright expires, you will be able to use the image of Mickey Mouse (as he appears in Steamboat Willy) since that image is now in the public domain.

      The potential loss of control of the Mickey Mouse Image is what gives Disney the Willies.

      You should not that this is an extreme case, it is not just a story or song that is loosing it's copyright, but a Image that is close to, if not, a Trademark. I can understand why Disney wants to protect it, but extension of copyrights is not the right answer.

      --

      Are you paranoid if you know that they just want to know everything you say and do?

    9. Re:Yes, it's the same. by airrage · · Score: 4, Informative

      Actually, Walt Disney would argue that Mickey Mouse is a trademark, so no, not anyone could use Mickey Mouse to market their product. However, they could show for profit the Steamboat Willie cartoon without compensating, informing, or otherwise asking for permission from Walt Disney.

      --
      "This isn't a study in computer science, its a study in human behavior"
    10. Re:Yes, it's the same. by Ping+the+Penguin · · Score: 5, Funny

      So what you're saying is that Disney don't want their most famous character being used by any old mickey mouse outfit...


      If Pro is the opposite of Con, what is the opposite of Progress?

    11. Re:Yes, it's the same. by Blue+Stone · · Score: 5, Interesting

      If Mickey Mouse is a trademark, Disney have failed to aggressively defend it.
      There's at least two instances where Mad Magazine have parodied Mickey Mouse (Mickey Rodent) using exact copies of his, and Donald's, Goofy's and Pluto's image, for the purposes of parody, which isn't allowed under Trademark Law, I believe.

      The cartoons went unchallenged, and were created in the early 50's, so their Trademark could be argued to have lapsed. [IANAL etc.]

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    12. Re:Yes, it's the same. by geek · · Score: 2

      Gotcha, that makes sense. I forgot about the life of the copyrighter.

      Thanks

    13. Re:Yes, it's the same. by cervo · · Score: 4, Interesting

      Let's be honest here. Steamboat willy is not making disney any money. I do not know if mickey becomes public domain or not with that release, but let's assume he does.

      Disney has always made many classic fairytells incredibly well like Snow White, Sleeping Beauty, etc. Others have made the same movies in animated form, only disney's are still popular. Let's look at the anime Dragon Ball and DBZ. Both were based on the manga and made by the same guy, they were incredibly entertaining. DBZ quite probably was/is the most popular anime series ever(as said by a number of source, but probably unsubstantiated). Dragon Ball GT was a sequel to Dragon Ball Z not based on the manga. It sucked bad.

      The point? Disney is crazy, even if they lost the copyright on Mickey Mouse, in all likelyhood no one else would be able to make a decent Mickey Mouse cartoon. Disney has always been a big force in the entertainment industry, as is shown by most of the other animated fairytails not being as well known as the Disney ones. And even if someone managed to revive mickey mouse and make a fortune, Mickey isn't really making disney a whole lot with his cartoons today. The brand name recognition with Mickey is fixed for disney as well. When people see Mickey, they will automatically think Disney. So if other studios did manage to make cartoons it would be an advertisement for Disney.

      In short, Eisner is a moron. Instead of paying for lawyers and buying off politicians, he should invest his money into making a better product. Overall Disney's movies have been going downhill. Admittedly some of them are good such as Monster Inc, but for the most part the majority of Disney movies are starting to suck lately. He should spend less time worrying about nothing and more time worrying about Disney's future.

    14. Re:Yes, it's the same. by IdleTime · · Score: 3, Interesting

      I guess it is more of a law question than a comment to you.

      I find it strange that the supreme court can enforce a law that will be applied backwards in time so to speak. Basically you are never sure if whatever you do is not going to be affected by some law in the future and you may even be sued in the future for something that was legal when you did it in the past, but now (in the future) is illegal. That doesn't make sense to me.

      Ok, extend the copyright laws, but only for new work created AFTER the law was passed. Work created earlier, will expire as said law regulated when the work was created.

      --
      If you mod me down, I *will* introduce you to my sister!
    15. Re:Yes, it's the same. by Rinikusu · · Score: 2

      I was not aware of a Mad Magazine parody of Mickey Mouse, but I do know of Robert Crumb's work in the early 70's, also entitled Mickey Rat. While not identical, they do share resemblences. :)

      Here ya go:

      here is a mickey rat info page

      --
      If you were me, you'd be good lookin'. - six string samurai
    16. Re:Yes, it's the same. by Martin+Blank · · Score: 3, Informative

      Parody does not, on its own, dilute a trademark, as it is expression of free speech. This is why you can parody a song or a movie and get away with it, although there is often a fuzzy line between parody and theft.

      --
      You can never go home again... but I guess you can shop there.
    17. Re:Yes, it's the same. by SirSlud · · Score: 2

      Because an artist can pass their wealth on to their family and friends, it is not in the public's interest to allow artists to profit ad infititum. It creates laziness that shows up in both the art (see formulaic boy/girl bans) and in the business (major labels failure to address the demands of their online customers). Sure, its obvious why Eisner goes for it; you can't stop the system of business, even if its individual parts may recognize their actions as crappy. Or may not. People will hopefully wakeup and stop this, "go for self" thing. Its retarded. Share the pie, don't dive into it and ruin it for the rest.

      --
      "Old man yells at systemd"
    18. Re:Yes, it's the same. by mwa · · Score: 3, Informative

      Parody is "fair use", even of trademarks (at least according to this.

    19. Re:Yes, it's the same. by naasking · · Score: 2

      but if you were Eisner, wouldnt you do the same? If one of the cornerstones of your business were to all of a sudden become freely reproducible, wouldnt you try to stop that from happening?

      You should have known it was going to happen from the outset.

      I personally believe that an artist should have the right to his work during his lifetime,

      Agreed.

      and to some extent believe the artist's survivors should have some entitlement to benefit from the copyrighted work.

      Why? What did they contribute? They get the inheritance left by the artist, why should they be entitled to more?

    20. Re:Yes, it's the same. by Skjellifetti · · Score: 3, Interesting

      What if the work is the inheritence? If I were to write a blockbuster novel and die the day before it makes the NYTimes list, I would not want the work to go into the public domain until my spouse and kids have made what I would have made had I lived.

      Go read John Kennedy Toole's novel A Confederacy of Dunces as an example. Toole couldn't find a publisher and committed suicide. His mom enlisted the help of a prof at Loyola who found a publisher. The book was reasonably successful (and BTW, is well worth the read). Should it go into the public domain because the author is dead?

    21. Re:Yes, it's the same. by autopr0n · · Score: 2

      but if you were Eisner, wouldnt you do the same?

      No.

      --
      autopr0n is like, down and stuff.
    22. Re:Yes, it's the same. by ThaReetLad · · Score: 2

      Should it go into the public domain because the author is dead?

      Yes.

      Why should his mum get the cash? OK its very sad for her, but she didn't write the book and neither did the publisher. Why should get an exclusive right to print the work? OK I understand that publishers will tend not to publish unless they have exclusive rights, but I suspect that is only because having exclusive rights is the norm. Without exclusive rights publishers would be forced to work hard for their money, and have much less power over authors. Currently publishers have the power to decide what the public can buy, and use that power to force authors to surrender their works for a pittance.

      --
      You can't win Darth. If you mod me down, I shall become more powerful than you could possibly imagine
    23. Re:Yes, it's the same. by Dyolf+Knip · · Score: 2
      Basically you are never sure if whatever you do is not going to be affected by some law in the future and you may even be sued in the future for something that was legal when you did it in the past, but now (in the future) is illegal.

      That's the whole Ex Post Facto ("after the fact") bit, and it is very well established. You can't be tried for doing something at a time when it wasn't illegal. However, you can be made to stop doing it when it becomes illegal, like printing copyrighted works that fall 'out' of the public domain.

      Of course, the FBI and the DMCA tell us that doing something at a place where it isn't illegal is definitely punishable...

      --
      Dyolf Knip
    24. Re:Yes, it's the same. by gorilla · · Score: 2

      I'd have to disagree with 'Disney have failed to aggressively defend it.'. Disney is the company that goes after daycare centers with Mickey Mouses.

    25. Re:Yes, it's the same. by Skjellifetti · · Score: 2

      Yes. Copyright protection is there for "promoting science and useful arts". Dead artist can be hardly encouraged by any law. His/her heirs add nothing to progress.

      This is a type of age discrimination. The older one gets, the less lifespan left in which to benefit from any work that one produces. Hence copyright will provide little or no incentive for older people to contribute new works. Now should one's great-grandchildren be allowed to retain the copyright? Probably not, but certainly the spouse of the author should. Giving the copyright as the inheritence is the same as giving the stream of royalty payments the author would have received had he lived to receive them himself.

      And maybe the spouse did earn them. Who cooked, cleaned, and cared for the kids while the author was hiding in the den writing the Great American Novel?

    26. Re:Yes, it's the same. by kilgore_47 · · Score: 2
      praying to god that the Supreme courts find for the plaintifs.
      Checkitout, instead of silently "praying" to "god", why don't you write a letter to someone who matters, like a judge or politician? This case is mostly about jurisdiction, and last I checked imaginary beings don't have any in our legal system.
      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
  12. I thought Europe already had long copyrights by mcfiddish · · Score: 3, Interesting

    Wasn't one of the reasons Congress extended copyrights in the US to bring them in line with the longer European copyrights? What copyrights were those?

    1. Re:I thought Europe already had long copyrights by Caged · · Score: 5, Informative

      Yes, that is true, European copyrights ARE 95 years, for NEW copyrights. They didnt make the extension retrospective like the USA's act. (And oh how the *AA tried). So anything made in the 1950's had a copyright of 50 years in Europe stayed at 50.

      The retrospective extension of copyright is one of the issues that Lawrence Lessig is fighting in the supreme court. I hope for all our sakes that he is victorious.

    2. Re:I thought Europe already had long copyrights by Florian+Weimer · · Score: 3, Interesting

      Yes, that is true, European copyrights ARE 95 years, for NEW copyrights. They didnt make the extension retrospective like the USA's act.

      There is no completely consistent copyright law in Europe. In Germany, the copyright still expires 70 years after the creator's death (like it's in the US).

      AFAIK, the 95 year mark in the US only applies to works which haven't creator, and such works cannot be copyrighted in Europe in the first place (if there's no author, there's no way his rights can be protected).

    3. Re:I thought Europe already had long copyrights by tempfile · · Score: 2

      But would it really matter? Europe being a free-trade zone, I wonder if it would be illegal to import a CD made from PD material from a European country to another European country where said material still enjoys protection?

      Germany, for example, might be sued before the European Court for seizing imports of UK DVDs, which, according to German law, are treated as rated "adult only" no matter which rating the material received in Germany - and material rated "adult only" may not be commercially shipped. Stupid German law, but the case looks similar: Local laws colliding with the principle of free trade in the Union.

      It's a shame I have so little clue about my home region's laws.

    4. Re:I thought Europe already had long copyrights by Florian+Weimer · · Score: 2

      But would it really matter? Europe being a free-trade zone, I wonder if it would be illegal to import a CD made from PD material from a European country to another European country where said material still enjoys protection?

      Good point. If we were talking about copyright, this would be correct. If a copy of a work has been legally distributed in one country of the European Union before, this copy can be distributed in Germany too (if other German law is not infringed, of course).

      However, 85 UrhG does not refer to 17 UrhG, so this rule does not apply to the record company's right. This could be an oversight, and indeed might not hold up in court (especial a European one).

    5. Re:I thought Europe already had long copyrights by matthew_gream · · Score: 2


      EU copyright is 'harmonised' at 70 years in all EU countries - it is now relatively consistent. The goal of the EU has been to leave IP to individual countries, but to gradually harmonise and integrate. I don't know where you get the 95 year figure from ? 95 years may be a US figure, but it has no relevance in the EU. The maximum protection of any copyright in the EU is 70 years beyond death of creator.

      This was harmonised across the EEA, for instance, the UK previously gave 50 years protection, but harmonised with the protection of the CDPA 1988 at 70 years. This caused issues (and a couple of legal cases) with works that had expired, but were now covered again.

      Articles 28-30 of the EU treaty are concerned with free movement of goods, and of course this has come into conflict with the differing levels of protection afforded in different countries - which has been one of the reasons why harmonisation is necessary.

      The EU has established 'the exhaustion of rights principle' which means that once an IP is placed onto the market, it is generally not possible to restrict its further movement within the community. You can, however, restrict its importation into the EU.

      --
      -- Matthew - matthew.gream@pobox.com, http://matthewgream.net
  13. Obligitory no Reg link by Rudy+Rodarte · · Score: 5, Informative

    From yahoo

  14. A wave of creativity perhaps by InnovATIONS · · Score: 5, Insightful

    Well, what I would like to see is a lot of european bands doing their own versions of the songs as they no longer have to have permission of the original copyright holders. Many copyright holders of those older songs have been very reluctant and restrictive to allow other artists to record and publish them. so I predict a wave of creativity in ways of making updated 50's tunes from european bands. It may be quite interesting what they come up with.

    1. Re:A wave of creativity perhaps by Ford+Fulkerson · · Score: 2

      I predict a wave of creativity in ways of making updated 50's tunes from european bands.

      I doubt that, since their record companies will tell them that they wont be able to sell these recordings in the US without paying steep royalties.

      --

      Somewhere in the heavens... they are waiting.
    2. Re:A wave of creativity perhaps by Daniel+Phillips · · Score: 2

      "I predict a wave of creativity in ways of making updated 50's tunes from european bands."

      I doubt that, since their record companies will tell them that they wont be able to sell these recordings in the US without paying steep royalties.

      Well, since Europeon market alone is now bigger than the U.S. market, I doubt that's going to slow anyone down much over here. I wouldn't even be surprised to see some U.S. companies getting into the act. In Europe the demand certainly exists, and CDs are still very, very popular. Classic rock is really big here, for example, Buddy Holly is held in high regard, not to mention Ella Fitzgerald, Glenn Miller, etc. etc. etc. The interesting thing is, it's not just the old folks. Teens over here tend to be familiar with that stuff, collect it, and know it well. This applies to classic rock as well, for example, Led Zeppelin, Iron butterfly, The Band, Jimi Hendrix, etc. Just a few more years, if all goes well, and those artist's work will also return to the realm of free ideas that everybody can share and build upon. Err, everybody in Europe that is. Yes, it sucks for you Americans, but until you actually take a stand and do something about it, it's just going to keep sucking worse.

      --
      Have you got your LWN subscription yet?
    3. Re:A wave of creativity perhaps by el_chicano · · Score: 2
      Yes, it sucks for you Americans, but until you actually take a stand and do something about it, it's just going to keep sucking worse.
      While I agree with your statement in principle, it will never happen. If an individual takes a stand, they get Ruby-Ridged. If a group does, they get Waco-ed.

      Everybody goes on and on about the 2nd Amendment, saying that the fact that the Americans own lots of guns will keep the US government in check. Randy Weaver and David Koresh were HIGHLY armed yet the US government had no problem supressing them and their ideas.

      IMO it is much easier for disaffected US citizens to move to some place sane (Europe? Canada? Costa Rica?) than to try to challenge the powers that be here in the states...
      --
      A man who wants nothing is invincible
    4. Re:A wave of creativity perhaps by jez9999 · · Score: 2

      Teens over here tend to be familiar with that stuff, collect it, and know it well. This applies to classic rock as well, for example, Led Zeppelin, Iron butterfly, The Band, Jimi Hendrix, etc.

      I have to rain on your parade, but I have to wave the bullshit flag here. Teens are NOT acquainted with the likes of Led Zeppelin and Jimi Hendrix. They're much more busy listening to dance, pop, and electric music. People more likely to know of these old artists are people aged over 60.

    5. Re:A wave of creativity perhaps by Daniel+Phillips · · Score: 2

      I have to rain on your parade, but I have to wave the bullshit flag here. Teens are NOT acquainted with the likes of Led Zeppelin and Jimi Hendrix. They're much more busy listening to dance, pop, and electric music. People more likely to know of these old artists are people aged over 60.

      I have to wave the clueless flag back at you. I know plenty of teens here, both in the Berlin region and where I used to live, a small city in the Ruhr. Without exception, every teen I know has a collection of classic rock, and they generally know the field better than I do.

      --
      Have you got your LWN subscription yet?
  15. Importing??? by Tiger+Smile · · Score: 4, Interesting


    Are their any existing laws that would prevent me from bringing something back here for personal use?

    -- James Dornan

    --
    -- Prepared at the direction of, or to be sent to Legal Counsel, in anticipation of litigation. Attorney Client Pri
    1. Re:Importing??? by John+Hasler · · Score: 2

      Yes. US copyright law.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Importing??? by Zemran · · Score: 2

      Isn't US copyright law about copying ??? i.e. if you get something in Europe that was provided legaly by someone in Europe it was NOT copied in the US and therefore is not an infringement of US copyright laws.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    3. Re:Importing??? by oliverthered · · Score: 2

      If I import clones from a country that has week IP laws into say the US then I'll probably be sued till the cows come home.

      --
      thank God the internet isn't a human right.
    4. Re:Importing??? by Zemran · · Score: 2

      The reverse would not be true if it were the US that had weak copyright rules as in Europe it is where the act of copying took place that matters. i.e. the crime is copying not possesion. If the copying took place legally then there is no crime.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  16. My gut reaction: by Glass+of+Water · · Score: 5, Insightful
    The U.S. is in the midst of an age of plenty, where the powerful try to engineer false scarcity to protect their roles as useless middlemen. There is plenty of food, plenty of medicine, and plenty of music. As fucked up as the RIAA is, it's even worse when, for instance, the holders of patents on medicine peofit off of the suffering and death of others.

    If you think that society will fall apart without the stratifying influence of capitalism, and that the idea of intellectual property is necessary for the continued prosperity of the US, I say that's b.s. and there are other possible viable economic models.

    --
    There are no trolls. There are no trees out here.
    1. Re:My gut reaction: by Citizen+of+Earth · · Score: 2

      it's even worse when, for instance, the holders of patents on medicine peofit off of the suffering and death of others.

      Yeah, that should be reserved only for the lawyers.

    2. Re:My gut reaction: by Sentry21 · · Score: 2

      As fucked up as the RIAA is, it's even worse when, for instance, the holders of patents on medicine peofit off of the suffering and death of others.

      Considering how many trillions of dollars pharmaceutical companies spend designing drugs to relieve the suffering of others, I'm inclined to side in favour of their being able to take advantage of their discoveries.

      Your point would seem to villify doctors as well, who make huge amounts of money (in the US at least), all from the illness, pain, and death around them. Doctors feed off the frailties and fears of humankind. Should we speak ill of them for this?

      Your point is valid, but your example is poor.

      --Dan

    3. Re:My gut reaction: by richieb · · Score: 4, Informative
      Considering how many trillions of dollars pharmaceutical companies spend designing drugs to relieve the suffering of others, I'm inclined to side in favour of their being able to take advantage of their discoveries.

      Actually, according to some reports drug companies spend more on marketing existing drugs than on research. See this article for instance.

      It is us, the taxpayers, who still fund large amount of the basic research needed to create new drugs.

      --
      ...richie - It is a good day to code.
    4. Re:My gut reaction: by DarkZero · · Score: 2

      As fucked up as the RIAA is, it's even worse when, for instance, the holders of patents on medicine peofit off of the suffering and death of others.

      If you think that society will fall apart without the stratifying influence of capitalism, and that the idea of intellectual property is necessary for the continued prosperity of the US, I say that's b.s. and there are other possible viable economic models.


      Anyone that doesn't take the time to really think about how capitalism works in a given industry will immediately arrive at the conclusion that it is soulless, evil, and utterly corrupt. Pharmaceutical companies have medicine, but they don't give it away for free ---- EVIL! Yet, when you actually stop to think about it, giving that medicine away or even just taking away the patents and letting other companies manufacture the drugs at a cheaper price is stupid. When a pharmaceutical company creates a new drug that can cure a disease that is very difficult to cure, such as a new vaccine or (hopefully, some day) a cure for cancer, they spend billions of dollars on it before it's even finished. Afterward, they have to make that money back or the company dies, the brilliant minds that it employs in making newer and better drugs become unemployed, and the equipment is either sold off or fall into disrepair. Do that to enough companies in the United States and around the world and you will have no more pharmaceutical companies, and thus no more medicine of any kind for anyone.

      Capitalism really is a cold, heartless, greedy thing, but just because something isn't all that great doesn't mean that the alternative is a world full of rainbows and healthy children playing with fluffy white bunnies in an endless field of plenty. Sometimes, as in this case, the alternatives to a cold, heartless, and greedy thing are far worse than the thing itself. It would be wonderful if we could reach the ideal alternative, infinite global charity and every man working for the benefit of another, but that hasn't worked so far and until someone can make it work, we've got capitalism and its poison is what we need to cure the rest of the world's ills, like fatal disease.

    5. Re:My gut reaction: by solferino · · Score: 2

      Your point would seem to villify doctors as well, who make huge amounts of money (in the US at least), all from the illness, pain, and death around them. Doctors feed off the frailties and fears of humankind.

      thanks, i couldn't have put it better myself

    6. Re:My gut reaction: by joss · · Score: 2

      Not necessarily. Even in the US, about half the money spent on drug research is publicly funded, which ownership ends up 100% private. There is quite a lot of evidence that we would be better off with 100% public funding and public ownership.

      http://www.cptech.org/ip/health/ has lots of info

      --
      http://rareformnewmedia.com/
    7. Re:My gut reaction: by gorilla · · Score: 2

      And most research is to find copycat variations on existing drugs.

  17. Re:I thought 95 years was to match the european .. by Balazs · · Score: 2, Informative

    Most copyrights in Europe have 70 years. AFAIK there is something about works of the British Crown with longer periods.

    The USA had shorter periods, then extended to 70 years to match the Geneva rules, and *then*, with the Sonny Bono/Micky Mouse Copyright Term Extension Act, went over to 90-95 years.

    --
    Computers. You can't live with them, you can't live without them.
  18. IANAL, but... by HBI · · Score: 3, Interesting

    My understanding was that recordings in the US weren't even covered by copyright until 1972 or so.

    Now i'm going to do some googling...

    February 15, 1972

    Effective date of act extending limited copyright protection to sound recordings fixed and first published on or after this date.

    For reference

    Hmm. Now, if i'm reading this right, the actual sound recordings of pre-1972 music aren't even covered by copyright and probably are freely redistributable, right? Which means...who cares about the Euro copyrights from a US perspective?

    Kindly correct me if i'm wrong.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:IANAL, but... by Sir+Homer · · Score: 2, Informative

      Usally copyright laws are retroactive. Otherwise it wouldn't benifit Disney and the MPAA to lobby the government to 'save' Mickey Mouse, right?

    2. Re:IANAL, but... by fleener · · Score: 4, Funny
      > "Google harder next time."

      Please refrain from using the word "Google" in the form of a verb or in any manner that does not directly refer to the noun known as the Google search engine web site (www.Google.com) and its associated services.

      We wouldn't want to diminish their trademark, now would we?

      • Instead of "Kleenex" say "facial tissue."
      • Instead of "Xerox" say "photocopy."
      • Instead of "Frisbee" say "flying disc."
      • Instead of "Slashdotted" say "fubar'd."
      • Instead of "Google" say "look it up," or "check your facts."
    3. Re:IANAL, but... by damiam · · Score: 2, Informative

      Copyright laws aren't usually retroactive. That's why Disney had to lobby so hard to get a retroactive one.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    4. Re:IANAL, but... by Compulawyer · · Score: 2
      Google harder - or try LII at Cornell U. Actually 1976 is the effective date of the LATEST VERSION of the Copyright Act (with lots of amendments since). Copyrights have existed for a LONG time.

      Also, just because the content is not covered by copyright in Europe, that does not mean you can make the CD in Europe and ship it to the US. You still can't import them into the U.S. as long as a US Copyright is in effect (17 U.S.C. sec. 602).

      --

      Laws affecting technology will always be bad until enough techies become lawyers.

    5. Re:IANAL, but... by susano_otter · · Score: 5, Insightful

      Close, but wrong. "Xerox" and "Kleenex" were diluted because people began to use them to refer to photocopies (mimeographs?) and nose-tissues that were not produced by these companies.

      Since the conventinal usage of "Google" seems to refer specifically and exclusively to Google's own services, there's no dilution here.

      To "Google" something doesn't mean "to search for it using an arbitrary search engine". It means "to use Google's search engine".

      Nobody in their right mind would think of using "Google" to mean "Lycos", or "Alta Vista".

      I think the dilution of Xerox and Kleenex came about because the competing products were of similar appearance, quality, function, and availability. Xerox photocopies were conceptually interchangeable with Ricoh's, and Canon's, &c. On the other hand, I don't think anybody's going to confuse Google with Inktomi.

      Rather than diluting the brand, the verbing of "Google" indicates increasing mindshare--the more their brand becomes a part of everyday conversation, the better off they are. So long as their product remains distinctly superior to the competition, of course.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    6. Re:IANAL, but... by fleener · · Score: 2

      er, rather, last time I checked, the Associated Press style manual (closest thing to an English usage manual, save a dictionary) dictated using generic terms instead of trademarks, unless you were specifically intending to reference the trademarked product. As I recall, Kleenex and Xerox even had their own entries in the manual.

      When someone says to "Google it," they personally may mean "use Google.com" but in common practice the saying is generalized to mean "look that information up on the web."

      I have told people explicitly "look it up on Google" and they then proceed (in front of me) to look it up using their favorite non-Google search engine. It's not your intentions that matter; it's what people do in practice.

    7. Re:IANAL, but... by angle_slam · · Score: 2

      With music, there are two separate copyrights. One for the underlying musical performance (i.e, for the sheet music) and one for the actual performance. The 1972 date is for the actual performance. Thus, Beatles recordings are not covered by copyright. However, the musical compositions are themselves copyrighted. Thus, you still can't copy them. What this does effect are older recordings of public domain (e.g., 19th century classical music.)

    8. Re:IANAL, but... by susano_otter · · Score: 2

      Don't blame me if your friends are drooling idiots :)

      But I thought we were talking about trademark dilution, not the industry-standard Manual of Style.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    9. Re:IANAL, but... by glesga_kiss · · Score: 2
      the Associated Press style manual dictated using generic terms instead of trademarks, unless you were specifically intending to reference the trademarked product.

      Probably because the Press using those words isn't getting paid for the free plug, and may also be getting paid advertisments elsewhere in the publication for competing products. The Associated Press is a guide for published words, not written English as a whole.

      The childrens TV show "Blue Peter" on the BBC refers to sellotape as "sticky-back plastic", because the BBC doesn't contain advertising. You can even "google" for the term and most of the results will be relating to the show. This goes back a long time, it's an old show (it started in black & white).

      As a child I always wondered what this mythical "stick-back plastic" was, as you never saw it in the shops. Consequently, I never made anything they suggested.

    10. Re:IANAL, but... by Fat+Casper · · Score: 2
      When someone says to "Google it," they personally may mean "use Google.com" but in common practice the saying is generalized to mean "look that information up on the web."

      Actually, when they say "Google harder" they mean to use other search engines. "Web search easier" means to look something up on Google.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    11. Re:IANAL, but... by jdreed1024 · · Score: 2
      Xerox" and "Kleenex" were diluted because people began to use them to refer to photocopies (mimeographs?)

      For the record, photocopy != mimeograph.

      Mimeograph machines (aka "ditto machines" in some parts of the country, though really a ditto machine is a hectograph, that uses gelatin) work by pressing special ink through a prepared stencil (often prepared in a typewriter). They were really only useful for typewritten documents. Anyone who went to a public school in the '80s should remember worksheets written up in purple ink that was blurred and not terribly readable. Those were mimeographs.

      A photocopier on the other hand works by transfering toner electrostatically to paper, and then using heat to fuse the toner to the paper. (The electrostatic part is why photocopies were once referred to as "photostats").

      The photocopier (in electrostatic form) was not invented as a concept until 1938, and the first useful model was produced by Xerox in 1959. Mimeographs, on the other hand, had been around as a concept since the 1870s, and were first mass-produced by A.B.Dick Company of Chicago in the late 1880s.

      So really, "a xerox" was never used to refer to mimeographs.

      --
      There is no sig, there is only Zuul.
    12. Re:IANAL, but... by Quixadhal · · Score: 2

      "We wouldn't want to diminish their trademark, now would we?"

      Instead of "trademark" say "arbitrary club-membership handed out to the highest bidder at the USPTO."

    13. Re:IANAL, but... by MrScience · · Score: 2

      Here in redmond, home of the well paid schools, they still prefer you to make mimeographs instead of photocopies, because each penny adds up.

      --

      You quitting proves that the karma kap worked. The most annoying of the whores shut up. --CmdrTaco

  19. download by Anonymous Coward · · Score: 2, Interesting

    So where is a euro website where i can i download all these tracks?

    The RIAA isn't really worried about "bootlegs" or "pirate material" (if it's not copyrighted how can it be "pirated") anyways they're just scared that some kid will make a website with all the newly freed songs on it and they won't be able to a god damn thing.

  20. Reason they care.... by jsimon12 · · Score: 3, Interesting

    The RIAA belives that since you can now legally make copies of songs from the 50's in Europe that no one in America will buy their overpriced American copies in favor of the cheaper public domain European versions. So they want more control at our borders. Damn the RIAA, US copyrights should be expiring, damn the Bono Amendment.

  21. Price cuts? Yeah right. by poot_rootbeer · · Score: 5, Interesting


    The correct response to combat an influx of recordings imported from countries where the copyrights have expired would be to SLASH PRICES on domestic copies of these same 50-year-old recordings. Sell an Elvis CD for $3.99 and there's no incentive for consumers to pay $5.99 (to cover shipping costs) for the identical CD from a European label.

    Unfortunately, the RIAA and their constituent member record labels have grown so accustomed to using legislation as a weapon against their own sales base (that's US, yo) that the idea of selling CDs for cheap (it doesn't even have to be at a loss, they could still profit healthily) hasn't even crossed their minds as a way of maintaining their market share.

  22. Elvis is going to have to start flipping burgers. by dagg · · Score: 5, Funny
    Copyright protection lasts only 50 years in Europe compared to 95 years in the United States, even if the recordings were originally made and released in America..

    For crying out loud... only 50 years?! Poor Elvis, he is going to have to stop collecting European royalties from his music. Luckily, he can still collect money from Americans. I wouldn't want Elvis to have to get another job. What will he do? Start flipping burgers?

    --
    Sex - Find It
  23. Re:I thought 95 years was to match the european .. by Mac+Degger · · Score: 3, Insightful

    Nop...the US has been presuring the rest of the world to fall in line with their copyright restrictions. Thank god they've failed :)

    As for me, I'm so damned happy about this: I love Callas, and the great jazz and blues bands/songs. They also make great 'film' music, very atmospheric/moody. Now I can put them under my homemade 3d movies totaly without fear of being asked uncomfortable questions about payment whenever or wherever I show them of.

    And what to think of actual good filmmakers, who couldn't secure the rights to that piece they wanted to have under that certain scene in their movie...now they have a few more options. This is a good thing :)

    --
    -- Waht? Tehr's a preveiw buottn?
  24. Do DRM systems include copyright expiration? by dpilot · · Score: 5, Insightful

    That's another annoyance of DRM - it doesn't disable when the copyright expires. It's de-facto permanent copyright.

    --
    The living have better things to do than to continue hating the dead.
    1. Re:Do DRM systems include copyright expiration? by gl4ss · · Score: 2

      well, even worse, the machine will be broken eventually too.

      --
      world was created 5 seconds before this post as it is.
    2. Re:Do DRM systems include copyright expiration? by Sentry21 · · Score: 2

      You'd have to be specific about DRM systems - there's more than one implementation. However, since it's possible to include expiration of content, I'm sure it's possible to include unlocking of content. No one will do this, however, because the likelihood of using today's technologies and encodings in 50 years (Europe) or 95 years (US and subjugated countries) is pretty freaking small. Let's also not forget that, in the US at least, the companies keep pushing for copyright extensions, so that their creative work never has to fall into the public domain. Look at Mickey Mouse for example - he'd be public domain if it weren't for these extensions, and then anyone could make Mickey gear, games, toys, and so on. Disney's hold on one of the most popular cartoon characters of all time would disappear. Corporations refuse to let things like that happen.

      --Dan

    3. Re:Do DRM systems include copyright expiration? by John+Hasler · · Score: 2

      In fact, it would be illegal to break DRM even if the material in question was already in the public domain when it was put into the DRM protected form.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:Do DRM systems include copyright expiration? by glesga_kiss · · Score: 2
      No one will do this, however, because the likelihood of using today's technologies and encodings in 50 years (Europe) or 95 years (US and subjugated countries) is pretty freaking small.

      Yeah! And the likelyhood of someone still using COBAL code with two-digit date systems, written over 30 years ago is also small. But it happened.

      If the law states the copyright will expire, then the technology should provide the means to follow the law.

    5. Re:Do DRM systems include copyright expiration? by tempfile · · Score: 2

      It would? The "German DMCA" explicitly states that DRM on material that is not protected by copyright may be cracked to your heart's content (if it passes, as it's still controversial). Not that it's a good law. But I can't really imagine that the original beast doesn't contain such a clause. It would be quite shortsighted.

    6. Re:Do DRM systems include copyright expiration? by matthew_gream · · Score: 3, Insightful

      These are the concerns that EFF and others have over the implementation of DRM technologies : that they must include provisions for fair use / expiration / etc. In fact, I think that any DRM technology that doesn't include provision for fair use could get a manufacturer in hot water if a case was pursued in the courts (e.g. as class action, or by lobby group such as EFF). There is a statutory right to fair use : DRM technologies can't just override it.

      --
      -- Matthew - matthew.gream@pobox.com, http://matthewgream.net
    7. Re:Do DRM systems include copyright expiration? by J.+J.+Ramsey · · Score: 2

      "This has been said before, but as copyrighted works ascend into the public domain, tools such as DeCSS will no longer fall under the DMCA category of items whose primary function is to protect copyrighted works. Now they are legitimately required to *free* newly UNcopyrighted works."

      However, for DeCSS to be legally available once the copyrights on the DVDs expire, it has to continue to be illegally available until then.

    8. Re:Do DRM systems include copyright expiration? by Kaa · · Score: 2

      There is a statutory right to fair use

      Statutory right?? Please quote the statute.

      As far as I know "fair use" is a defence against the copyright infringement claim. That's it. There is no obligation on the part of the content creator to make it easy, or even possible, for you to exercise fair use.

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    9. Re:Do DRM systems include copyright expiration? by poot_rootbeer · · Score: 2


      They have to make it POSSIBLE for you to exercise your rights of fair use, but unfortunately they don't have to make it EASY.

      When confronted about their efforts to discourage fair use, the content cartel will turn around and praise the same thing they've been vilifying: The Analog Hole.

      If you can hold a tape recorder up to your speakers and record a 7-second snippet of a song to play to your Music Appreciation class, they'll tell you that's fair use. If you can look at a paragraph of text on your e-book and retype it into a word processor for your book report, they'll tell you that's fair use.

    10. Re:Do DRM systems include copyright expiration? by John+Hasler · · Score: 2

      > But I can't really imagine that the original
      > beast doesn't contain such a clause.

      It doesn't.

      > It would be quite shortsighted.

      You are assuming that it is an unintentional oversight.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    11. Re:Do DRM systems include copyright expiration? by John+Hasler · · Score: 2

      And they'll be right.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    12. Re:Do DRM systems include copyright expiration? by VValdo · · Score: 2

      However, for DeCSS to be legally available once the copyrights on the DVDs expire, it has to continue to be illegally available until then.

      If by "it" you mean DeCSS, then yeah. But even if only one CSS-locked work becomes public, then DeCSS has a legitimate use. (Playing movies on Linux may constitute a legitimate use, but it's still circumventing protection of a copyrighted work.)

      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    13. Re:Do DRM systems include copyright expiration? by matthew_gream · · Score: 2

      It is a defence, but it is one provided by statute. There's no obligation for content creator to make it easy or possible, but I would suggest that that any considerably widely implemented DRM technology that didn't allow for fair use (which, as suggested, may not be made easy) would come under scrutiny.

      --
      -- Matthew - matthew.gream@pobox.com, http://matthewgream.net
  25. Cheap Elvis??? by Crusty+Oldman · · Score: 4, Funny

    Excuse me. Was there ever an EXPENSIVE Elvis?

  26. This will catch on... by Grip3n · · Score: 2

    ...because we all know the people who are huge into 50's music, seniors, are also massive pirators.

    --
    To make a pun demonstrates the highest understanding of a language
  27. All is as it should be in europe by Black+Copter+Control · · Score: 5, Interesting
    This was the original intent of the Copyright ammendment to the constitution -- to ensure that works were made so that they could, after "a limited period of time", be passed into the public domain for all people to enjoy.

    When those works were created in the '50s, it was with the understanding that their copyright would only continue for a couple of decades -- not for a couple of centuries. There appeared to be sufficient economic incentives to create them back then. Now that they're legitimitely PD in Europe, I think that that's a good thing.

    It's the people who want to keep these recordings out of the public domain that are the real pirates.

    --
    OS Software is like love: The best way to make it grow is to give it away.
    1. Re:All is as it should be in europe by deblau · · Score: 2
      This was the original intent of the Copyright ammendment to the constitution -- to ensure that works were made so that they could, after "a limited period of time", be passed into the public domain for all people to enjoy.

      Actually, copyright (and patents) derive their authority directly from Article I, Section 8 of the Constitution, not any amendment. It's more important an issue than you make it out to be. It was in there even before the Bill of Rights, for goodness sake. Think about that for awhile -- copyrights came before freedom of speech, unreasonable searches and seizures, and cruel and unusual punishment. That really curdles my milk.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    2. Re:All is as it should be in europe by Black+Copter+Control · · Score: 2
      Actually, copyright (and patents) derive their authority directly from Article I, Section 8 of the Constitution, not any amendment.

      Hmm.. I thought that it went in as part of the first amendment.
      -- Forgive me, for I am a Canadian.

      --
      OS Software is like love: The best way to make it grow is to give it away.
    3. Re:All is as it should be in europe by istartedi · · Score: 2

      We really are out to get you. ($3.75 hosting [75-hosting.com])

      Yuck. They don't cut you off if you exceed a hard transfer limit. Instead they try to bully you into buying more service. What's funny is that they actually try to pitch that as a better deal. If I had some cool geeky site that got Slashdotted, I'd much rather hit the hard limit.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    4. Re:All is as it should be in europe by Black+Copter+Control · · Score: 2
      ($3.75 hosting [75-hosting.com])
      Yuck. They don't cut you off if you exceed a hard transfer limit. Instead they try to bully you into buying more service.

      I can't remember what happens if you refuse to pay for the extension -- but I'd rather get warned that I'm being slashdotted, and have the choice of extending my download capacity (and/or waiting until the slashers have gone on to newer articles before doing so).
      Being silently shut down would just annoy me -- especially if getting the coverage that slashdot provides was something that I actually wanted for that site. On the other hand -- damned if I'm going to pay for slashdot volumes every month in the vague/vain hope that I will get slashdotted some day.

      BTW: When this happens, the extension is for that month only. If you want your monthly volume increased, that's a separate process. The costs associated with having your monthly bandwidth too low are:

      1. you don't get the volume discounts, and
      2. the annoyance of having to manually authorize an extension that month.
      The point here is freedom of choice.
      --
      OS Software is like love: The best way to make it grow is to give it away.
    5. Re:All is as it should be in europe by istartedi · · Score: 2

      I can't remember what happens if you refuse to pay for the extension

      That's too important not to know.

      If they are simply notifying and *offering* additional service, that's good. OTOH, if they are *billing* additional service and the EULA and/or TOS requires you to accept the bill, that's bad.

      This kind of thing sends up red flags with me for a very important reason: It's becoming a problem in the industry.

      After paying for a year at an ISP, I got invoiced and provisioned without them asking me. I got pissed off with that, and went back to my old ISP, which always used to terminate if you didn't pay, but it turns out they auto-renew also and they don't offer you a non autorenewing contract. The same thing happened to me with webhosting--when my year lapsed, they converted to monthly rates even though I never explicitly authorized a purchase of additional service, and even though the credit card number was no longer valid due to the card having been compromised. That's right. They tried to bill an account with a compromised card. An account that I allowed to lapse, with the assumption that when the year was up, so was our relationship.

      This royally pisses me off because if I don't pay for the service I don't want, then I run the risk of getting black marks on my credit rating.

      I think somebody needs to look into this problem. Getting billed by the month is OK, but when I pay for a *year* of something that's a different story. It should not auto-renew; or at the very least they should offer you the option of not auto-renewing and under no circumstances should a company provision you with additional service unless you explicitly authorize it.

      Otherwise, what we have is companies that basicly have an open-ended contract that gives you the "freedom of choice" between giving them a blank check, or having them trash your credit rating.

      I understand that for some businesses, going down is a bigger problem than paying a little extra. However, for consumers like myself, I would rather go offline for a few days than pay more money. They should offer the choice of a hard transfer limit and/or explicitly spell out the maximum ammount of money that you will be charged if you get Slashdotted.

      Until then, I wouldn't consider hosting with them. Actually, the fact that TOSs are so bad for consumers is one of the many reasons I took my site down.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    6. Re:All is as it should be in europe by Black+Copter+Control · · Score: 2
      If they are simply notifying and *offering* additional service, that's good. OTOH, if they are *billing* additional service and the EULA and/or TOS requires you to accept the bill, that's bad.

      If you don't authorize the payment, then you don't get charged. When I say I don't know, I mean that I don't know what happens to your site -- not your pocketbook.

      --
      OS Software is like love: The best way to make it grow is to give it away.
    7. Re:All is as it should be in europe by Zak3056 · · Score: 2

      It's more important an issue than you make it out to be. It was in there even before the Bill of Rights, for goodness sake. Think about that for awhile -- copyrights came before freedom of speech, unreasonable searches and seizures, and cruel and unusual punishment. That really curdles my milk.

      This is exactly why so many of the founders were AGAINST a bill of rights. They believed that enumerating certain rights would lead to those rights that were NOT enumerated being seen as either less important or non-existant.

      The Constitution specifies the powers of the federal and state governments, and LIMITATIONS on those powers. It is entirely logical that copyright be in the original document (as congress was specifically granted the POWER to establish copyrights and patents.)

      The Bill of Rights was seen--by those that supported it--as a further limitation on the power of government. Not as any sort of list of the rights of the people (who, by the way, retain ALL rights and powers that the constitution does not delegate to the government, or to the states.)

      --
      What part of "shall not be infringed" is so hard to understand?
  28. RIAA's Everything-is-mine Mentality by serutan · · Score: 5, Insightful

    Think about what Turkewitz is saying. Importing public domain material from Europe to the US is piracy.

    I'm sure Neil firmly believes what he is saying, and that Jack Valenti firmly believes watching tv without watching the commercials is "theft of programming." These people live in a COMPLETELY unreal world, which is why we have to make them shut the hell up and go away, instead of letting them write our laws for us. This is why you should not buy RIAA music. Pay to listen to local bands, support musicians that distribute their own music online, ignore the RIAA-created fantasy world of big-time music and let the RIAA shrivel up and die.

    1. Re:RIAA's Everything-is-mine Mentality by cpt+kangarooski · · Score: 5, Informative

      Well, while he may be living in an unreal world, he's also basically correct.

      17 USC 602(a) is the applicable statute, IIRC. It has been read to state that copyright holders can control the importation of their works where that importation is a part of their right to control initial distribution under 17 USC 106.

      It is inapplicable where the section 106 distribution right is inapplicable, e.g. first sale. That is, if Sony Europe sells a particular CD for a value of $1 in San Marino, they cannot prevent its importation into the US even if it undercuts Sony America's price of $20, BECAUSE THEY ALREADY SOLD IT.

      On the other hand, if they were uninvolved, as in the example of a copy made lawfully in Pottsylvania (which has no copyright laws at all), then they can prevent its import since it would thoroughly undermine US copyright laws -- everything would come in from there.

      There is an exemption to this if you as an individual import a single copy of any work at any time and intend only to keep them and not redistribute them. (There are some other exemptions too, but that's the most germane here)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:RIAA's Everything-is-mine Mentality by John+Hasler · · Score: 2

      > Importing public domain material from Europe to
      > the US is piracy.

      Wrong. It might be copyright infringement if the material in question is still in copyright in the US, but it is _not_ piracy.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:RIAA's Everything-is-mine Mentality by pnuema · · Score: 2, Interesting

      If this is true, then there is a hole in US copyright laws you can drive a truck through. Anyone want to make a bazillion dollars? 1. Get a country who is recognized by the US government to set a ridiculously low legnth of copyright protection - say one year. 2. In one year, all copyrighted works enter the public domain. Set up a company that mass produces records, and set it to work. Sell them retail for $1. 3. Set up another company in, another country, who buys the CD's at retail price from the first company, and turn around and import them to the US. 4. Sell them to Wal-Mart at $3 per. 5. Repeat.

    4. Re:RIAA's Everything-is-mine Mentality by cpt+kangarooski · · Score: 2

      NO. I suppose I wasn't clear enough before.

      The law specifically prohibits that. You CANNOT do that.

      If a copy is made in a foreign country, and is 100% legally made according to the laws of that country, it CANNOT be imported into the US unless it would also have been just as legal to create it within the US.

      Thus, if Boris legally copies 'Thriller' in Pottsylvania, he's fine. He has broken no laws. But only the US copyright holder of 'Thriller' can copy it in the US.

      Since that is not Boris, his CDs cannot be imported into the US en masse or for resale.

      OTOH, if the Pottsylvanian branch of the same copyright holder made the copies, those could be imported legally, even if it would be economically harmful to the US branch due to the different prices that it sells for across the world.

      Thus, your idea is great and will result in your swiftly being sued into oblivion, if not arrested outright -- 'cos it's illegal.

      Don't feel bad. I had this great insight into how easy it was to print up $20 bills that looked a lot like the ones the government printed, but it turns out that that's also illegal. The government just always screws the little guy, you know.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:RIAA's Everything-is-mine Mentality by cpt+kangarooski · · Score: 2

      I'd have to think about whether downloading is importing for the purposes of the statute. If it's not it'll kill you. But I like the idea.

      I mention this because I recall the Napster decision holding that P2P servers were infringing distribution rights (which might not be an issue here), but that P2P clients were infringing copying rights. That wouldn't sneak through the exemption.

      Plus, this is an issue that SERIOUSLY merits closer inspection -- don't just accept my reading of the statute as gospel.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:RIAA's Everything-is-mine Mentality by Ctrl-Z · · Score: 2


      I thought that was already legal without any extra levies on blank media. I thought the levy was just an extra money-grab.

      --
      www.timcoleman.com is a total waste of your time. Never go there.
    7. Re:RIAA's Everything-is-mine Mentality by ajs · · Score: 3, Insightful

      No, they are incorrect. Copyright violations, even importing such materials is not piracy, theft, murder, rape, arson or any other nifty name you want to think of. It's copyright violation. It's a civil offense much like violation of contract, but the RIAA, MPAA and others have slowly worked in criminal charges for many related "crimes".

      The problem is that saying "this man is a copyright violator" puts people in mind of the little guy vs the corporate giants. Saying "this man is a pirate" makes people understand the God's Honest Truth(tm)... that these are whoring, theiving, pilaging bastards who have thrown their lot in with the devil!

      The above is a rhetorical technique is called hyperbole. In my case it's saterical, and I'm honest about it. In the RIAA's case it's an underhanded trick that they defend staunchly, meant to make people think there's someone getting hurt in all of this.

    8. Re:RIAA's Everything-is-mine Mentality by ajs · · Score: 2

      I disagree. There is no larger battle than public opinion. If you accept the term piracy (and it's only been used to describe copyright violations since the late 80s), you end up having to look at fair use as "are you a good pirate, or a bad pirate", and that kills your point before you get started.

      When you start asking, "what is fair use, and what is the relationship between copyright expiration in one nation vs. another", then a) 1/2 or more of the population tunes you out and b) the other half or less are the ones who actually care about the issue enough to learn what it is that's going on. Now, you don't have 10million idiots cheering "down with pirates" and you can sit down with the libraries and the industry associations and the artists and the customer advocates and come to some compromises on the right way to do business in everyone's favor.

      The other path leads to things like the DMCA.

    9. Re:RIAA's Everything-is-mine Mentality by cpt+kangarooski · · Score: 2
      If you accept the term piracy (and it's only been used to describe copyright violations since the late 80s)


      Care to provide the first use of the word in that sense? No wait, I shall, from the OED.


      Piracy (2) fig. The appropriation and reproduction of an invention or work of another for one's own profit, without authority; infringement of the rights conferred by a patent or copyright. 1771 Luckombe Hist. Print. 76 They... would suffer by this act of piracy, since it was likely to prove a very bad edition.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:RIAA's Everything-is-mine Mentality by ajs · · Score: 2

      I stand corrected.

      I was aware of this term first in the software industry in the 80s, and had thought that it originated there. My bad.

  29. jazz by bcrowell · · Score: 5, Interesting
    One of the things that send jazz into a retreat in the 1950's and 60's was that before then, there had been a lot of opportunities for jazz musicians to hear each other and play with each other. But around that time, it started getting much more expensive to go to jazz clubs. Also, the number of venues got below critical mass, even in Manhattan, so you could no longer walk from bar to bar and hear Dizzy Gillespie in one place, then Thelonious Monk in another.

    Now a lot of the jazz catalog is public domain in Europe, while in the U.S. we're limited to pre-1922 dreck like Moonlight Bay.

    It would be really cool if jazz could start to flourish again in Europe via the internet, with people being able to trade their recordings of songs, broadcast their gigs via internet radio, etc.

    1. Re:jazz by ortholattice · · Score: 4, Insightful
      Now a lot of the jazz catalog is public domain in Europe, while in the U.S. we're limited to pre-1922 dreck like Moonlight Bay.

      Sorry, only the sheet music copyright has expired; for audio recordings the situation in the US is much worse (and NYT neglects to mention it). From the Public Domain Music site: "Different copyright experts have offered very different complicated explanations, but all agree that all sound recordings essentially are under copyright protection until the year 2067. So here is the one sentence you need to remember: Sound Recording Rule of Thumb: There are NO sound recordings in the Public Domain."

    2. Re:jazz by mystran · · Score: 2, Interesting
      Actually, with certain other types of music, something similar is happening.

      At least here in Finland (probably elsewhere too), many people that make electric music (trance, house, breakbeat, psy-trance, "goa", and so on) just let people distribute their stuff as mp3's as much as they want. Actually, many publish their songs as mp3 on their own website.

      Many of these authors have strong beliefs in freedom of expression, and think that internet enables GOOD music to be popular, instead of who happens to get a deal from a recording company.

      These people play whatever they want as DJ's in underground raves, but there is something interesting in the scene: most people think that "you should buy records of artists you like to support them" even if the same people would happily give you any piece of music they have in their library.

      I think this is a cool direction. Another thing that is probably going to cut record sales here is that MANY a people think that "why bother buing a (copyrighted) CD when you have to get it as mp3 from someone anyway to be able to listen to it where you want". Things might change..

      --
      Software should be free as in speech, but if we also get some free beer, all the better.
    3. Re:jazz by Quixadhal · · Score: 2

      What are the odds that any working reel or vinyl record playback equipment will still be operational in 2067? 'Cause that's how long they'll need to hold out before the RIAA allows them to be preserved and converted into a useable format.

  30. Look at Disney by Anonymous Coward · · Score: 2, Insightful

    How do you think Disney makes all their money? The don't own classic greats such as "Pinochio", "Snow White" or "Beauty and the Beast" There are no copyrights on these works any longer and Disney made millions off them without paying one cent in royalties.

    What's good for the goose is good for the gander mofo!

  31. Stop bitching about the copyright and help! by pop1280 · · Score: 3, Informative

    More people need to actually help things by proofreading at: Distributed Proofreading.

    Distributed Proofreading actually contributes to the public domain. Show the politicians that it's important by giving them a thriving public domain that they will want to supply with new works.

  32. Re:remixing by EvanED · · Score: 2

    I doubt using the wrong notes in a musical score would hold up in court. There's a provision that you cannot be held liable if there is a reasonable expectation that what you are doing is not in violation. Also, if they sue someone for that, they'd have to admit that's what they are doing. In that case, they could expect to a) lose a lot of customers, and b) have a lot of prior customers attempt to bring a class-action suit for fradulent misrepresentation of the product that;s for sale. Or maybe that's just wishful thinking.

    But remasterings are a significant change, and would be protected by copyright.

  33. Re:My gut reaction: Communism by ProgressiveCynic · · Score: 2, Insightful
    Why does everyone assume that the only alternative to capitalism is communism? (Why does everyone assume that because I'm not a Republican I'm a Democrat?)

    What the man said was there are other viable alternatives to distributing our collective abundant wealth. Since it is well established that we do have more than enough food, medicine, and music to go around then it is hard to discredit the idea that the only reasons there are hungry people in the world are social issues. No, I'm not arguing for global communism, but are you arguing for letting food rot so that we can preserve the world's population of starving children?

    For a detailed and extremely pragmatic (albeit idealistic and some might say naive) non-communist instruction manual on this subject please read R. Buckminster Fuller's book Critical Path. You never know, it just might open your eyes a bit and get you to think outside the capitalist/communist good/evil black/white world view.

    --

    Delivering militantly anti-commercial music to all two people who care!

  34. Global Market by cweber · · Score: 2

    Maybe the globalization of the free market has its good side after all? Make works PD in some (important) part of the world and then sell from there to the entire planet. Forget local unrealistic, monopolistic, consumer-unfriendly copywright extension laws. The free market will steamroller them all.

    I never thought it'd come to this...

    1. Re:Global Market by susano_otter · · Score: 2

      Doubtful. I figure the Internet is just another arena in which the nation-states can do battle for world dominance. They're all hungry for their own virtual dominions, with their own virtual customs offices, export controls, and INS agencies. Far from abolishing the nation-state, the Internet will usher in the cyber-state. Meet the new boss, same as the old boss.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

  35. golden age of remixes coming by garyrich · · Score: 4, Insightful

    I'll leave the Elvis to others, but I can imagine doing really great things with remixes and resamples using the old Maria Calls, Miles Davis, Thelonious Monk as freely available source material.

    --
    -- your Web browser is Ronald Reagan
  36. James Thruber was once approached . . . by kfg · · Score: 2

    by a women who told him she had just read his latest book in the French translation and that she liked it a lot better than the English version.

    Thurber replied, "Yes, it loses something in the original."

    KFG

  37. lessig is right by circletimessquare · · Score: 5, Insightful

    all this means is that lessig is right in eldred v. ashcroft.

    copyrights should foster innovation. that is the only reason they should exist. they should exist to line corporate pockets. so they should expire with the death of the author. if corporations via sonny bono extend them unnaturally beyond the lifetime of the author, then copyrights instead suppress innovation. 50 years? 95 years? whatever. copyrights should rightly expire when the author is rip.

    this expired here but not there bs is just another example of why extending copyrights unnaturally by greedy corporations is a bad idea.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:lessig is right by infolib · · Score: 2

      they should expire with the death of the author

      That depends. Often a work requires a non-trivial economic investment, which is not made by the author. If copyright beyond the authors death is necessary to encourage such investments, it could be ok. I personally favor a short, fixed period, regardless the life of the author. That way it's easier to check when it goes public domain.

      By the way, I have a hard time understanding what you really mean. Please consult the nearest Grammar Nazi, and consider starting sentences with capital letters.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    2. Re:lessig is right by Cato+the+Elder · · Score: 2

      Copyright beyond the author's death gives protection to an author's dependants if he dies suddenly. It adds to the incentive for an author to produce works since people care about their heirs.

      Copyright generally lasts for the life of the author because author's prefer to retain control over their works. Whether or not it actually encourages the production of creative work is in doubt.
      I don't see ease of checking when something becomes public domain to be a compelling argument.

      I favor much shorter periods for corporate owned copyrights than individually owned copyrights. Corporations are structured much better to reap economic benefits from the work. They should therefor be able to recoup their investment faster. Furthermore, this encourages corporations to let creators keep the copyright on their work, which produces a more favorable balance of power for the creators.

    3. Re:lessig is right by erroneus · · Score: 2

      copyrights should foster innovation. that is the only reason they should exist. they should exist to line corporate pockets. so they should expire with the death of the author. if corporations via sonny bono [wikipedia.org] extend them unnaturally beyond the lifetime of the author, then copyrights instead suppress innovation. 50 years? 95 years? whatever. copyrights should rightly expire when the author is rip.

      It does foster innovation. The problem is it fosters innovation in creative politics and law making.

    4. Re:lessig is right by Daniel+Phillips · · Score: 2

      You apparently are not a creative individual. Copying or using another's work does not foster creativity. Learning from another's technique, using common themes from literature, creating a new medium to express yourself are wasy to foster creativity.

      You are completely wrong about that. Throughout history, the masters have learned by copying the old masters, whom they respected, and whose skill they aspired to. Bach did it, Michelangelo, Rembrant, they all did it. It was accepted, even expected, if a student of art was ever to amount to anything.

      Lessig is only pandering to a small group of cheap bastards who don't want to pay for shit. He's really a pathetic excuse for a human being if he believes he's making a difference.

      Hrm, let me see, whom should I pay attention to, a) you, a foulmouthed person posting on Slashdot that nobody ever heard of b) Lawrence Lessig, a man who has made a name for himself by repeatedly taking on legal work for compensation considerably below what he's capable of earning, for causes he believes in, and arguing those in a clear, reasoned and well-researched and energetic manner, that impresses even his adversaries. Hmm, tough one.

      --
      Have you got your LWN subscription yet?
    5. Re:lessig is right by Daniel+Phillips · · Score: 3, Insightful

      You are an ignorant fucktard. Bach didn't copy his symphonies from some other musician/composer and rearrange them himself, to his liking. He wrote them by learning the techniques of those before him.

      Showing our extensive knowledge and refined taste in the arts now, are we, to complement our gentlemanly demeanor? Well...

      All through his life, Bach learned by copying out works of other composers, among them Vivaldi, Albinoni, Corelli and Marcello.

      Oh, but your're not done yet...

      Michaelaneglo didn't paint by numbers when he painted the Sistine Chapel. He learned the techniques of painting then expressed himself through this medium. While the concepts in teh Sistine Chapel might not be completely original, his work most certtainly was.

      Ahem:

      The thirteen-year-old Michelangelo joined the studio as an apprentice, and there he learned fresco painting and began to draw compulsively, copying works by Early Renaissance masters Giotto, Masaccio, and Schongauer.

      Listen, my friend, it's time to stop spouting and start thinking about just where you and your opinions fit in the grand scheme of things, and how you might go about improving that situation. Bye now.

      --
      Have you got your LWN subscription yet?
    6. Re:lessig is right by cpt+kangarooski · · Score: 2

      You mean that my collage art is not creative? That when I write a parody of some other work, it's not creative? That if I perform a cover of some other song it's not creative?

      Well damn, you're a real tightass.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:lessig is right by matthew_gream · · Score: 2

      copyrights survive beyond RIP of the author to allow benefits to transfer to children / offspring. 50-70 years beyond death is quite a reasonable amount of time - one extra generation is able to benefit, allowing author to know that benefits of their work go to a worthy cause: their children, not a greedy corporation (or the public domain).

      --
      -- Matthew - matthew.gream@pobox.com, http://matthewgream.net
  38. It's really a contract with the public... by I'm+a+racist. · · Score: 4, Interesting

    I see your point, and it's very valid, but there's a flaw in that argument. Let's use Mickey Mouse as an example.

    The root of the problem is that when Walt created Mickey, and published his film, he essentially entered into a contract with the public. He agreed that he had a specific number of years from which to profit off of his creation (and he clearly took great advantage of this). Now, the Disney corporation (standing in for Walt himself) has not held up their end of the bargain.

    The public agreed, in exchange for not using the intellectual property of Disney for some period of time, that they would gain the possesion of that property for the good of society at large. We held up our end of that bargain (sure some people didn't, but Disney was allowed to sick their lawyers on those folks, as well as use our legal infrastructure for that purpose), so where's the part that benefits us??

    Yes, it's certainly in Eisner's interests to extend copyrights (including doing it retroactively). I do not fault him for endorsing such a policy. What I do have a problem with is the way he endorses it, and the fact that Congress doesn't understand or care about the public's side of things. The RIAA/MPAA have made quite a few shady deals (Hollings isn't called "senator Disney" for nothing) in order to get legislation to swing their way. This is really what's wrong with copyright law as it stands (and how it seems to be progressing).

    --


    Down with Saudi Arabia!!!
    1. Re:It's really a contract with the public... by Blue+Stone · · Score: 5, Insightful

      I wonder if we can call the act of copyright cartels and corporations trying to prevent a work from entering the public domain [via buying laws/politicians or whatever means] an act of piracy?

      It would seem that they're taking what is intended for us, hijacking it as it's on it's way to us, and keeping it for themselves.
      That sounds closer to the original definition of piracy, than copying a mate's cd.

      Hilary Rosen and Senator Hollins are supporters of piracy.
      Doesn't that just sound right ?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    2. Re:It's really a contract with the public... by AKnightCowboy · · Score: 5, Interesting

      Well, but you have to see it from their perspective. They created content (or signed acts that created content) that brings in millions of dollars a year. Why should they have to suddenly at some arbitrary date no longer be able to exploit their intellectual property? It's like building a house and after 95 years of owning your house it suddenly becomes a historical landmark and you're evicted by the county. WTF? Wouldn't YOU be a little pissed off at getting kicked out of your house and having tourists romp around it? The world operates on the principle of intellectual property more than ever today. Trillions of dollars of the economies of countries of the world revolves around this idea that a person's ideas are property and that they can exploit it as they wish without another stealing it. I wouldn't be suprised if in the future copyright expiration in the USA is abolished entirely. Don't get me wrong, I don't support this by any stretch of the imagination. I'm just trying to play Devil's advocate.

    3. Re:It's really a contract with the public... by richieb · · Score: 5, Informative
      Why should they have to suddenly at some arbitrary date no longer be able to exploit their intellectual property?

      Because "intellectual property" is not the same as physical property. An idea, once published, becomes known to everyone.

      The copyright law was created to encourage creation of new ideas that would eventually benefit all of us. The public promised to give the creator certain rights, in exchange for making their ideas public.

      If you have some precious "intellectual property" that you don't want to share, then do not publish it.

      Of course, anything Disney does is worthless, unless they do publish it and let people see it...

      --
      ...richie - It is a good day to code.
    4. Re:It's really a contract with the public... by NortWind · · Score: 4, Insightful
      They created content (or signed acts that created content) that brings in millions of dollars a year.

      In case you haven't been reading this thread, the copyright holders did not create the content. The content creators (like Walt Disney) are dead and buried, or at least frozen. Our original deal with Walt calls for the content to go into the public domain. Why hasn't it?

      I think the house-building analogy you use doesn't fit. To me, it is more like the copyright holders are a neighbor borrowing your lawn mower "for just a week". (The lawn mower is the exclusive right to use that art.) A week later, they come back and say "I need it one week more." This goes on all summer, and you haven't gotten your lawnmower back. Next summer doesn't look so good either.

    5. Re:It's really a contract with the public... by Cadrach · · Score: 3, Insightful

      The problem with their perspective is that it's wrong. The idea that somebody can own an idea just because they blurted it out first is absolutely ludicrous. Somebody first came up with the idea of using insulated wire to convey an electrical charge from one location to another. Should that person be the only one allowed to do so for 95+ years? What about the first person to think of making marks on paper to symbolize words and ideas? Ideas cannot truly be owned solely by given individuals, regardless of what words on pieces of paper distributed throughout a culture say. Copyright in the United States was created as a bargain "to promote science and the useful arts," with all works falling into public domain in a limited time. When that "limited time" is defined as a length of time that completely destroys the spirit of the law (I don't consider periods of time that almost certainly exceed the length of my life, birth to death, limited enough) the public has no incentive to uphold their end of the bargain. If there was anything actually redeeming about the so-called "intellectual property" released in the US, a person might be pushed to civil disobedience. As it is, however, there would be very little to gain.

      --
      Faith may be defined briefly as an illogical belief in the occurrence of the improbable. --H.L. Mencken
    6. Re:It's really a contract with the public... by Nogami_Saeko · · Score: 3, Informative

      And it's worth remembering that Disney Co. has made a LOT of money off of other works which they didn't create.

      Take Snow White or Sleeping Beauty. They didn't create either of them, and made huge financial gains by re-telling the story in animated form.

      Why should we be prevented from using THEIR works the same way?

      Big companies abuse copyrights for all they're worth. IMHO, they should expire 50 years after the creator's death. And that should not be able to be changed.

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    7. Re:It's really a contract with the public... by gad_zuki! · · Score: 2

      >Yes, it's certainly in Eisner's interests to extend copyrights (including doing it retroactively). I do not fault him for endorsing such a policy.

      I do. If I was a shareholder I would much prefer an intellingent and fiscally conservsative exit-strategy for the character instead of taking a chance with the courts and congress.

      Arguably, they've already distanced themselves considerably from the Steamboat Willie character. Knowing that their modern Mouse trademark is more or less immortal they took a chance extending IP
      and it worked. Disney wins, everyone else loses.

      Its the equavilant of a pharamcetucal company demanding a few more years on their patent because they have the clout to do so.

    8. Re:It's really a contract with the public... by Ytrew+Q.+Uiop · · Score: 4, Insightful

      Well, but you have to see it from their perspective. They created content (or signed acts that created content) that brings in millions of dollars a year. Why should they have to suddenly at some arbitrary date no longer be able to exploit their intellectual property?

      Well, because their so called "intellectual property", if you insist upon the term, is built out of our intellectual property. If you believe in intellectual property, you have to face up to a commonly ignored fact: the public owns most of the world's "intellectual property" rights! Words, language, drawing techniques, characterization, folklore: all these count as "intellectual property". Everything ever created is, by overwhelming evidence, an derivative work of some work in the public domain. Hence, under the standard "intellectual property" rules, the public gets to dictate the terms under which our "intellectual property" can be used. In the US, (and many other countries), copyright law is those set of terms.

      Disney owes the public: they were allowed to use our intellectual property, granted a decades long monopoly on their derived work, and now they want to back out of the agreement that says they have to return the results to the public's domain. That's not fair.

      A honest businessman, (if such a mythical creature existed), wouldn't try to get the courts or the law changed to back out of a contract when it came payment time. Eisner is, and that's why people are upset.

      It's like building a house and after 95 years of owning your house suddenly becomes a historical landmark and you're evicted by the county

      No, it's like building a house on public lands with public funds, with the express understanding that after those 95 years pass, you have to give the house back to the public. Then, when you've enjoyed the benefits of the agreement, and it comes time to pay, you then cry "Foul!", and try to get the law changed so that you don't have to live up to your side of the bargain.

      Even if you accept the notion of "intellectual property" (and I don't), this reasoning is still flawed. It ignores the rights of the public; the silent majority stakeholders.

      I wouldn't be suprised if in the future copyright expiration in the USA is abolished entirely.

      I don't think anyone in the general public today thinks copyrights are important enough to ammend the US constitution. Many people don't pay much attention to politics, much less "intellectual property" disputes, but most people in the USA get very upset when you mention changing their constitution.

      Don't get me wrong, I don't support this by any stretch of the imagination. I'm just trying to play Devil's advocate.

      Your points are both well argued, and insightful. I just don't agree with them. :-) And I think that it's a good thing to be able to understand the arguments on all sides of a debate, as well as seek out the counter-arguments that go along with them. Thank you for the opportunity for an polite and insightful discussion; it's something all too rare on Slashdot these days.
      --
      Ytrew

    9. Re:It's really a contract with the public... by jaavaaguru · · Score: 2

      but you have to see it from their perspective

      They (or their lawyers) knew what the law stated when the contract was signed. They knew what they were getting themselves into. It's not really fair that a law is going to be changed just because they made a mistake all those years ago.

    10. Re:It's really a contract with the public... by swv3752 · · Score: 2

      No it is like signing a contract to be the exclusive merchandiser for the Dallas Cowboys for 5 years. After 5 years the Cowboys choose someone else, well you knew you were only garunteed 5 years.

      --
      Just a Tuna in the Sea of Life
    11. Re:It's really a contract with the public... by jackb_guppy · · Score: 2

      Actually this is commom place -

      Disney time share - you own it until 50 years after the start of the program (I beleive that is in 35 years from now)

      The (non-disney) hotel row at Disney World. They are on land leases for 99 years.

      US Miltary base on CUBA - 99 year lease.

      London England - most homes or built on land leases 99 years from date or construction.

      Limited term ownership is quite commom.

    12. Re:It's really a contract with the public... by berzerke · · Score: 2

      ...Why should they have to suddenly at some arbitrary date no longer be able to exploit their intellectual property?...



      Actually, they still can exploit it, just at a much lower rate. Disney could sell copies of the cartoons, and they still own the trademark on the mouse, which doesn't expire. Merchandise can still be exploited under the trademark rules.

    13. Re:It's really a contract with the public... by robbieduncan · · Score: 2

      Not any more (in London). Most new property (at least in Docklands) is supposed to be built with 999 year leases (which are supposed to be more or less for ever as very few residential developments last for 1000 years). That said the flat I bought a while back was built with a 120 year lease on the land. Most people renegotiate their lease with at least 50 years left on it as you simply can't sell property with less that 50 years left on the lease.

    14. Re:It's really a contract with the public... by DEBEDb · · Score: 2

      It is NOT like building a house. Information
      is not a tangible property. Analogies to such
      are thus inherently flawed.

      Copyright expiration cannot be abolished except
      by a constitutional amendment.

      --

      Considered harmful.
    15. Re:It's really a contract with the public... by DEBEDb · · Score: 2

      If you want to hold on to it, don't distribute
      it. If you distributed it, why can't I copy
      it?

      --

      Considered harmful.
  39. Re:Price cuts? Yeah right. by spectecjr · · Score: 2

    If Tower didn't overcharge for everything (compared their prices to, say, Wherehouse or even Borders), then they might not be in such bad shape. I for one avoid Tower wherever possible -- the extra $3 to $5 markup on DVDs make it pointless going there.

    --
    Coming soon - pyrogyra
  40. I love their terminology by glwtta · · Score: 2
    "That decade of recording transformed music and how the public consumes music,"

    Only thanks to them can I pirate music and then consume it. Such strong, predatory verbs.

    --
    sic transit gloria mundi
  41. Re:remixing by peter+hoffman · · Score: 2

    While I find it hard to believe that musical scores can contain errors for this purpose (the effect on the ear is pretty noticeable) I know for a fact that road maps contain minor errors for copyright protection purposes so maybe it does happen in musical scores too.

    I had always thought that road maps were made from some sort of known good data but when a friend of mine worked for a map making company I learned otherwise. The maps he drew were copies of maps from other sources (such as the competition). He would get several maps of an area and then copy the consistent portions. If he couldn't figure out what was consistent he would make something up that wouldn't greatly affect someone trying to follow the map.

  42. Elvis American? by anarchima · · Score: 2, Informative

    My question is this: People are talking about being able to press Elvis recordings in the public domain now. However, doesn't this expiry only apply for _European_ copyright holders? Since Elvis took out the copyrights in the United States, presumably the 95-year rule still holds true, and not the one which the RIAA is so worried about?

    1. Re:Elvis American? by John+Hasler · · Score: 2

      They have US copyright in the US and European copyright in Europe. Doesn't matter where the work was created.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  43. But doesn't this only cover the songs??? by ToasterTester · · Score: 3, Informative

    There are two types of royalities paid out, copyright for the songwriters and the mechaniacal royalty for the musicials and singers on a recording. As I know it copyright is for 25 years with 1 renewal allowed. So this is kind of a non story. Songs go public domain after 50 years. UNLESS like some late classical composers to make sure their families would be able to make money into the future would write arrangement of their key pieces. So at the end of the 50 years the family could copyright the arrangement and collect royalites on it. Assumeing the arrangement is used by anyone.

    Now the mechinacal royalites on records like an Elvis recording itself, I don't know when those actually end. All it would mean is after 50 years you wouldn't have to pay songwriters royalies, but mechanical royalities may still need to be paid.

  44. The situation in Germany by Florian+Weimer · · Score: 5, Informative

    No copyright expires in Germany just after 50 years. If a work is copyrighted, these rights will expire 70 years after the author's death. (Substitute "droit d'auteur" for copyright if you want to).

    What expires now, after 50 years, are the rights of the perfoming artists, and the those who made the records and distributed them.

    This means that only a piece of music can be copied legally if, (a) the composer, songwriter etc. has been dead for at least 70 years, (b) the original release was 50 years ago, and (c) you make your copy from one of the origianl records. (With subsequent, say CD, releases, the record company gets new rights for 50 years.)

    So I doubt that many mass-market compatible music recordings will suddenly become unencumbered by copyright law, at least here in Germany. I suspect the situation is similar in other European countries.

    1. Re:The situation in Germany by gl4ss · · Score: 2, Interesting

      hm? as i understood, the company wouldnt get another 50 years.

      if it was that way they could do a test burn at their offices and call it a release... they get 50 years on that sure(the cd they just burnt), but not 50years more on the original release, which could be copied easily?

      anyways, there is a $hitload of old classical music recordings on clay that are public domain(pre ww2), these were played during nighttime on one radio channel around here(because there were no local riaa-fee on these because they were pd), and they played it during most of the 90's..

      not that classical music cd's were that expensive anyways, but playing on them radio would cost the same as playing modern pop if they werent pd..

      --
      world was created 5 seconds before this post as it is.
    2. Re:The situation in Germany by Florian+Weimer · · Score: 2

      hm? as i understood, the company wouldnt get another 50 years.

      You might want to read 85 UrhG. If you make just a copy of the record, you won't get another 50 years, but if you do some remastering, remixing etc., things are far from clear.

  45. This simply means that in *Europe*. . . by kfg · · Score: 2

    Elvis, Benny Goodman and Robert Johnson have finally achieved legal equivelence with Bach, Beethvon, Joplin and Sousa.

    Which is where they belong.

    I wonder how much money the music "industry" makes by "pirating" Bach and Joplin? It shouldn't be tolerated and someone should prosecute such blatently lawless acts.

    Of course if anyone tried to do such the case would be thrown out on the motion of affirmative defense by virtue of such works having entered the public domain when their copyrights expired.

    Well Duh! That's the *point* Sparky.

    When a copyright expires it becomes public domain. If Elvis becomes public domain then recording him without permision is no different than recording Bach.

    If this cuts into your bottom line, well, tough noogies Sparky.

    How about coming up with something *new* of the same quality and selling us *that?*

    Oh, sorry, I forgot. You're not very good at that, are you?

    KFG

  46. The influence of the RIAA... by sterno · · Score: 2

    The thing is that the governments and europe have a much different sense of themselves than here. The government here, for the most part, hates itself. It seems to, at every turn, want to eliminate itself (or at least as much as possible without firing themselves or their buddies). So they look at the RIAA and think that they have the right to own what they've produced and that the government shouldn't interfere with that. This perspective is very distorted, but I digress.

    In europe, the government sees itself having a more important and larger role in the lives of the people. Larger social wellfare programs, etc, are all part of that mentaility. This also means that they are less likely to bend to the will of large corporations at a moments whim. Furthermore, let's think about this, it is the RIAA. That second A is for America, and somehow I doubt most european bureaucrats will take kindly to the RIAA trying to dictate terms to them. If nothing else you can count on a general dislike of American hegemony to tilt the game out of the RIAA's favor.

    --
    This sig has been temporarily disconnected or is no longer in service
  47. Choice quotes from article, not at all provoking by Graabein · · Score: 4, Interesting
    Quotes from the article:

    Copyright protection lasts only 50 years in Europe compared to 95 years in the United States

    Only 50 years?

    "The import of those products would be an act of piracy," said Neil Turkewitz, the executive vice president international for the Recording Industry Association of America

    Piracy? When it's perfectly legal, not to mention more than reasonable?

    Mr. Turkewitz said, "We will try to get these products blocked," arguing that customs agents "have the authority to seize these European recordings even in the absence of an injunction brought by the copyright owners."

    In other words, only abide by the rule of law as long as it's convenient and profitable?

    I guess this just goes to show, yet again, who's really in charge.

    --
    And remember kids: Never trust a computer you can actually lift.
  48. Do pirates pirate ships? by adb · · Score: 2

    I thought they piloted pirate ships.

  49. So what are they going to do ... by scharkalvin · · Score: 5, Interesting

    When Europeans start LEGALLY posting MP3's of this material on the internet? After all it IS legal in Europe so those countries don't have to demand this stuff be banned from the 'net. Oh it's illegal here in the states, well foo on you!

    I think that copyrights on books, music, plays (any performance or written art) should only be legally held by individuals NOT corporations and the copyright limited in term to the lifetime of that individual. IOW it becomes public domain AFTER the copyright holders death.

    Now when it comes to things like movies where there isn't a single person to claim the copyright things do get a little muddy, but since a human lifetime is about 72 years on average and a person might copyright something at anytime during that lifetime set the life of a corporate copyright on
    art at something between 50-75 years NO LONGER!!!!

    1. Re:So what are they going to do ... by soulsteal · · Score: 2
      I hope some cool-cat, jazz-loving Euros slap up a few mp3's of the Jazz Behind the Dikes LP's. The music is amazing and the performers' other works are scarce.

      It's just good music.

    2. Re:So what are they going to do ... by John+Hasler · · Score: 2

      They'll be fighting the telecommunications industry. It's an order of magnitude or more larger and more powerful than the music industry.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  50. Re:No mod points left now, but... by susano_otter · · Score: 2

    Thanks! Sometimes I think the best solution really would be for spooky monoliths to come down and say "STFU about copyright extension already, before we decide your species is too stupid to live," right before they detonate Jupiter for great justice, or whatever.

    --

    Any sufficiently well-organized community is indistinguishable from Government.

  51. Who has the Balls to try this? by valisk · · Score: 2, Interesting

    IIRC the WTO has the legal mandate to force countries to change their laws in respect of barriers to trade.
    A European record label which sells PD Music in Europe might want to expand its trade to the USA, where due to to extended copyrights it would be faced with an effective barrier to trade.
    This company can through its national government file a complaint with the WTO, and the artificial barrier can be ordered to be removed and vast damages paid to the company for loss of potential earnings, also huge daily fines can be laid against the government in question until the laws are changed to match the European laws. IIRC the WTO allows for protective tarriffs to protect from and prepare industries for severe change to their marketplaces, IIRC these tarriffs can last a maximum of 3 years...

    --

    Economic Left/Right: -0.62
    Social Libertarian/Authoritarian: -3.69
  52. Re:ten bucks by infolib · · Score: 2

    Ten bucks says copyright in the EU will be extended in the next 18 months or so...

    Taken!
    In order for this to be implemented equally all over the EU it needs to be in a directive. Creating an EU directive is a long and winding process. I don't think such a directive would catch us off guard (again), so it would probably fail.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  53. Re:My gut reaction: Communism by glesga_kiss · · Score: 2
    Why does everyone assume that the only alternative to capitalism is communism?

    What annoys me more is why people think of the USSR whenever communism is mentioned. The cold-war propaganda has imbred into us "communism BADDDD", when the problem there really was a totalitairian government. The USSR is not a pristine example of communism, and as long as we associate the two, it makes it impossible for any political change away from the corrupt and anti-citizen, pro-multinational shit hole most of the world suffers under, with the wonderful added delusion of democracy.

  54. Interesting read about copyright.. by Twyst · · Score: 3, Insightful

    Spider Robinson wrote a short story, called Melancholy Elephants that has an interesting take on the copyright issue. Do artists REALLY need a 95-year copyright? I can understand copyright for the life of the author, and possibly his family, but beyond that, it's a little ridiculous. I recommend reading the story .. Very good insight..

    --
    -- Karma is for people who think they matter.
  55. What?! by Anonymous Coward · · Score: 2, Insightful

    Are you kidding? Copyright isn't there to reward artists, though that is becoming a very common misconception. It's there to entice artists to create works. It should only be long enough to do that. Obviously Steamboat Willy was already created.... lengthening the copyright to 95 years doesn't make more works for the public domain, it creates fewer because the companies can keep milking the same stories and characters.

    And your point about enjoying the copyright during the artist's lifetime plus some time for their decendents has already been enacted. Current copyrights are for the lifetime of the last surviving author plus 70 years. Why not extend it to the lifetime of the last remaining author or child of the author plus 200 years? Wouldn't that be even better?

    Where's the logic?

    1. Re:What?! by DEBEDb · · Score: 2

      Er, then I do not owe them anything
      (e.g., refraining from copying
      their works) either.

      --

      Considered harmful.
  56. Why keep sulking that they lose money? by neoguri · · Score: 2, Insightful

    From the Yahoo article:

    "...Mr. Turkewitz, argue that, if anything, American laws are still too lax and that the European laws are totally inadequate. ... But, he added, 9 out of 10 sound recordings lose money."

    Always the same lame BS. If it is so unprofitable to release music then why don't they go sell cigarettes in 3rd world countries?

    Please stop whining and act professional.

    1. Re:Why keep sulking that they lose money? by gorilla · · Score: 2

      And there is a big logical hole. Even if it was true that 9/10 sound recordings lose money, would that situation change if they were copyrighted longer? How many authors from 1903 are still popular? 1803? 1703? 1603?

  57. Re:P2P's salvation by John+Hasler · · Score: 4, Interesting

    No need for P2P. It's perfectly legal to put this stuff up on Web sites in Europe. Of course, the RIAA will try to make US ISPs block access to these sites, but this will give the US telecommunications industry more incentive to oppose the RIAA's agenda.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  58. Already reeling? by jonr · · Score: 2

    "Already reeling from a stagnant economy and the illegal but widespread downloading of copyrighted music from the Internet..."
    Does that mean we are winning?
    J.

  59. So, wait... by jabber01 · · Score: 2

    The Copyright on the copy has a 50 year life?

    So if, say, the recording company makes a copy of a 50 year old vinyl record and pays the royalty to be legit, their copy can not be legally copied for 50 years?

    Got reference?

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  60. Re:My gut reaction: Communism by Blue+Stone · · Score: 2

    "Why does everyone assume that the only alternative to capitalism is communism? (Why does everyone assume that because I'm not a Republican I'm a Democrat?)"

    Because people still think politically [not to mention in other areas] in a dualistic sense.

    Want an alternate model? Try the Political Compass

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  61. Re:Elvis is going to have to start flipping burger by istartedi · · Score: 3, Funny

    He already was flipping hamburgers at the Silver Diner on Franconia Road next to Springfield Mall; but before I could tell anybody, he quit and moved on somewhere.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  62. European 50s public domain - Real life at customs by harvey+the+nerd · · Score: 2, Interesting

    10 yrs ago real life hassling other countries' products, so-called "pirate copies," through customs. Importation for resale and personal copies are quite diferent. I'm a self employed engineer that reads broadly. I travel to Asia for family/business reasons. Over a month or two I picked up 80 classic technical reprints from other fields, mostly 1950-1960s. No way are they worth $60-$200 each to me or market value (outdated, but useful for a neophyte that likes to be broadly fluent). Customs agent: looks like confiscatable books not allowed to be imported. Me: I'm not importing them for resale, they're my personal books (with a laser stare) legally printed, bought, used overseas, and returning with me just like I'm moving from overseas. Customs agent: (noises) going to have to bond them or dump them. Me: I will want a complete listing, title and author for bonding (legal storage limbo). (Think actual writing effort, poor time efficiency, BAD will and prejudicial complaints here) Customs: Let me check with my supervisor. 5 mins later: "You're allowed one personal copy of each" (Duh! IANAL either)

  63. Interesting by Lonath · · Score: 4, Interesting

    The US bitches about China and other nations about censorship all the time.

    Will the US take steps to censor European websites? (Hey! Be like China and censor websites that conflict with the -ISM your country worships even if the content of those websites is perfectly legal within those other countries!)

    Heck, if it's legal to import this music, then it's got to be legal to download it...Right? If you can sell records and sell downloadable music, how is downloading any different than making some copies and shipping them here?

    I wonder if this also means that all those old Disney movies are no longer under copyright.

    It also leads to an interesting question about a possible long term strategy. The **AA's could assert that it's illegal to link to sites legally loaded with content if the content is under copyright anywhere. They could then lobby for perpetual copyright in some other country and still effectively keep control over the Internet distribution of content forever...

  64. I think you are wrong. by phriedom · · Score: 3, Informative

    A new performance and recording of an old song would be protected by copyright. But a new digital remastering of a public domain recording isn't a new work any more than transforming a .wav to .mp3 makes it a new work.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    1. Re:I think you are wrong. by Florian+Weimer · · Score: 2

      A new performance and recording of an old song would be protected by copyright. But a new digital remastering of a public domain recording isn't a new work any more than transforming a .wav to .mp3 makes it a new work.

      Yes, but we aren't talking about copyright here. In Germany, it's IPR related to copyright, and different rules apply in this case. If you create a record, this record is protected as a record, whether the material on it is copyrighted or not (see 85 UrhG).

  65. All your Elvis are belong to us! by teamhasnoi · · Score: 2, Insightful
    `Very few materials wind up generating the revenues that sustain an entire system,'' he said. ``The amount of money put back into production by the record companies is enormous. It's extremely risk-intensive.''

    Here's an idea. Find a business model that actually works. Wha? Yeah! Huh? Uhuh! Eh? Mmhmm!

  66. This would be horrible by tkrotchko · · Score: 5, Funny

    If the copyrights expire on Elvis, then what impetus is there for Elvis to create more works if he know he can only profit from them for 50 years?

    Its the beginning of the end!

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:This would be horrible by NewtonsLaw · · Score: 5, Funny

      If the copyrights expire on Elvis, then what impetus is there for Elvis to create more works if he know he can only profit from them for 50 years?

      I hear Elvis is so angry about this that he's stopped composing new songs and is now busy decomposing instead :-0

    2. Re:This would be horrible by Dyolf+Knip · · Score: 3, Funny
      I hear Elvis is so angry about this that he's stopped composing new songs and is now busy decomposing instead

      No, no, no, he's spent the last few decades chilling out with Walt Disney.

      --
      Dyolf Knip
  67. Going too far by ruiner13 · · Score: 2

    The record companies are going too far. Soon it will be illegal to fart because it sounds musical to someone at the RIAA. Fuck em. Hmmm... maybe I should put the sounds of humans farting on CD as prior art. And copyright it, of course.

    --

    today is spelling optional day.

  68. Scary thought time by rworne · · Score: 2

    Someone has seriously been neglecting their lobbying duties.

    Whoever is watching over the cash mill at the USPTO has been sleeping and not yet realized they could/should play these same shenanigans with patents. How about life of the inventor + 70 years, or more?

    Imagine the value of IP that is being placed into the public domain every day after 20 years expire! Now there's some lobbying money that can be put to good use!

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  69. WOLF-FM launched oldies Internet radio station by ddkilzer · · Score: 2, Interesting

    WOLF FM just launched an oldies radio station on January 1 called Howlin Oldies.

    Coincidence?

  70. This is how it should work... by DJ-Pandemic · · Score: 4, Interesting

    This is how this should work 1. A work is copywrited for the life of the author, and no longer. 2. A work is considered to be part of the public domain (IE, can be shared through whatever means available, not for profit) if the author is not actively distributing the work, or an authorized distributor of the work ceases to distribute said work (As in out of print CDs, movies... Basically, if I can't go to the store and buy it, I should be able to get it through whatever public domain channel of my choice without having to fear being chased after.) These two simple things would basically turn the market on its ear... All kinds of things would be going public domain within reasonably short periods of time because there would just be too much content to distribute.. Publishers and record companies can not afford to continue to distribute every single release that has ever been made, nor can all of these fit into. Also, its good for the authors of these works to have things go into the public domain during their lifetimes under these set of rules as it can cause interest to surge to the point that a distributor that is doing their homework would see that something is becoming popular again, negotiate distribution rights with the author, and once again have the work put out in its whole, possibly in a higher definition media, or with new artwork, etc. After the authors death, then simple supply and demand can drive distribution.. You can just get the public domain kazaa version, or you can pick up a store copy from the distributor of your choice if its a popular item, being that the popularity of the item drives the distributors into maintaining the quality of the release. This would also probably lead to a boom in restoring older works that have deteriorated or have been edited or otherwise abridged. oh well enough babbling...

  71. Isn' t that discriminatory? by schon · · Score: 3, Insightful

    It's actually life + 70 years, which is a pretty long time

    Maybe I'm missing something, but isn't the law that defines the copyright term as a function of the life of the author discriminatory?

    Here's my logic:

    Person A is 10 years old, and is a prodigy. There's no history of major disease (like cancer) in his family, and everybody in his family lives for an average of 100 years - for the sake of argument, he lives until he's 100. He writes his first symphony at the age of 10 years, and (as he lives to be 100 years old) his copyright lasts 160 years (100 - 10 + 70)

    Person B is 46 years old, but has a family history of cancer and diabetes. She writes her first symphony at 46, lives to 50, and so her copyright only lasts 110 years.

    So if all people are equal under the law, why does Person A get 160 years of protection, but the same law grants Person B only 2/3rds the same amount?

    It's quite clear that the current copyright law discriminates against the elderly, as well as terminally ill, and people who have a genetic predisposition to cancer or other life-shortening diseases.

    I'm not an American, so can someone tell me if there are laws against discrimination?

    1. Re:Isn' t that discriminatory? by Sj0 · · Score: 2

      Better question; isn't anything over 100 years already utterly insane anyway? It's a far cry from the 20 years copyright originally gave, and I don't think the world has changed that much in the past hundred years or so that a person would require more than his lifetime in copyrights...

      --
      It's been a long time.
    2. Re:Isn' t that discriminatory? by Glytch · · Score: 2

      As I heard it, the "life plus X number of years" was a defence against the possibility of someone killing an artist, simply to get a hold of that artist's work. Of course, I heard that on Slashdot itself, so take it with the appropriate metric tonne of salt it requires.

      Maybe life plus ten years would be a more fair law.

    3. Re:Isn' t that discriminatory? by Black+Copter+Control · · Score: 2
      his copyright lasts 160 years (100 - 10 + 70)
      ... She writes her first symphony at 46, lives to 50, and so her copyright only lasts 110 years.

      My math gives me 50-46+70=74. I think you shifted a column in your addition.

      So if all people are equal under the law, why does Person A get 160 years of protection, but the same law grants Person B only 2/3rds the same amount?

      Less than half, by my math -- but once I'm dead, I don't care how much money I get. The rest of the money goes to whomever owns my copyright (often a corporation from day one). Besides, the discrimination against person #2 comes from God, not the statute. There's nothing in the law that says that she has to die after 4 years.

      --
      OS Software is like love: The best way to make it grow is to give it away.
  72. "Mickey Mouse" as a trademark? by yerricde · · Score: 3, Interesting

    Actually, Walt Disney would argue that Mickey Mouse is a trademark, so no, not anyone could use Mickey Mouse to market their product.

    Several years ago, I bought a VHS tape with "Bugs Bunny" and the likeness of Bugs on the front and language to the effect of "This videotape contains public domain audiovisual works and is not endorsed by Warner Communications" on the back. Less than a week ago, I saw several similar tapes for sale at my local Walgreens store. If what you're saying is true, that trademark law gives Disney a monopoly on the early Mickey Mouse cartoons even after their copyrights have expired, then I'd expect Time Warner to have prevailed in legal action against these sellers of "Bugs Bunny" tapes years ago.

    Or you could just follow the example of the maintainers of the GPL version of Star Control 2, who call their product "The Ur-Quan Masters" instead of "Star Control 2".

    --
    Will I retire or break 10K?
  73. Re:Canadian Copyright by schon · · Score: 3, Informative

    Does anybody know what copyright period is in Canana?

    Yes, Life plus 50.

  74. Re:More than 95 years (probably) by schon · · Score: 2

    Sure, his family may rely on the royalties (however minor those are), which is why I said perhaps his immediate family.

    Here's an idea..

    How about his family get a damn job, or create something of their own?

    Disclaimer:

    My mother is a writer. I am an artist (in fact, I did the cover of her most recent book.)

    A term is the best way of handling copyright. None of this "life plus" crap.

  75. Watermarking doesn't create a new work by yerricde · · Score: 2

    It is the editors job to write wrong notes so it may not be copied although the composer died more than 100 years ago.

    I don't know about European copyright, but according to the United States Copyright Office, publishing a spell-checked edition of a novel does not create a sufficiently original work of authorship worthy of its own copyright. Likewise, neither would inserting deliberate errors as a sort of "watermark".

    --
    Will I retire or break 10K?
  76. Overkill car audio systems by yerricde · · Score: 2

    I mean, it's never really been legal to take your record player out on the street and play tunes for everyone to hear.

    Tell that to the man who drives down the street everyday blaring Eminem out of his car.

    --
    Will I retire or break 10K?
  77. Re:My gut reaction: Communism by DarkZero · · Score: 2

    I cannot think of any communist state that did not have a totalitarian government. In fact, no communist state stands today that is not a totalitarian shithole, China included. How many failed, corrupt communist states will it take before "pure/pristine communism" people like you realize that the two keep ending up together because communism naturally breeds totalitarianism?

    Whenever your government mandate is to put tons of power in the hands of the few people running the government, that government eventually becomes corrupt. The chances of getting decades and centuries of consecutively benevolent leaders that can handle tons of power without being corrupt are very slim, so capitalist democracies like the United States and many European countries have made sure that the power in the government is spread very thinly and that as much of it as possible is in the hands of the people.

  78. wait a minute... by minard · · Score: 2, Insightful
    wasn't the justification for the CTEA (aka the Sonny Bono act) that it was needed to "bring US law into line with the rest of the world"?

    Now we find that European law (in general) provides shorter terms than were in force before the CTEA? Maybe my memory is fauly here - perhaps somebody can correct.

  79. Re:My gut reaction: Communism by DarkZero · · Score: 2

    For a detailed and extremely pragmatic (albeit idealistic and some might say naive) non-communist instruction manual on this subject please read R. Buckminster Fuller's book Critical Path. You never know, it just might open your eyes a bit and get you to think outside the capitalist/communist good/evil black/white world view.

    For a detailed and extremely pragmatic (albeit idealistic and some might say naive) non-communist instruction manual on how to take a fucking joke, please turn on Comedy Central or just go out and get yourself a standup CD. The Anonymous Coward post above yours was making a joke, not seriously accusing someone of communism. That's why it says "(Score:3, Funny)".

  80. Sheet music is what matters. by bcrowell · · Score: 2
    I guess I didn't make it very clear in my original post, but sheet music was what I had in mind. If a certain Miles Davis recording goes PD in Europe, well, that's nice, but it has absolutely no effect on the healthiness of the current jazz scene. But if the sheet music of that tune goes PD, that means people can now record their own performances of it, put them on internet radio, trade them, etc.

    The cool thing about jazz is that there's a certain repertoire, and musicians who don't know each other can get together, and somone can say, "Let's play Stella by Starlight," and everybody knows it and can create new music out of the melody and chord changes they know. The problem is that if they record a performance of Stella by Starlight, they can't distribute it freely, because it's copyright encumbered.

  81. Then why aren't patents life-plus-20? by yerricde · · Score: 2

    Copyright beyond the author's death gives protection to an author's dependants if he dies suddenly.

    So did the copyright for a fixed period of 28 years that the 1790 act provided. So do modern-day patents, which last 20 years after filing.

    Copyright generally lasts for the life of the author because author's prefer to retain control over their works.

    Then why don't patents last life-plus as well?

    Whether or not [a life-plus copyright term] actually encourages the production of creative work is in doubt.

    If it's in doubt, it shouldn't be in law.

    I favor much shorter periods for corporate owned copyrights

    Pretty much every Berne member other than the United States provides this already, by taking the "life" of a corporation as 0 years instead of USA 25 years in the formula to determine the copyright term.

    Corporations are structured much better to reap economic benefits from the work.

    So if an author wants to use the structure of a corporation to reap the reward that drives the progress of science and useful arts, then let an author provide a short-term exclusive license to a corporation.

    --
    Will I retire or break 10K?
    1. Re:Then why aren't patents life-plus-20? by Cato+the+Elder · · Score: 2
      So did the copyright for a fixed period of 28 years that the 1790 act provided. So do modern-day patents, which last 20 years after filing.

      I agree. A parent to my post had wondered why copyrights should last beyond the author's death at all.

      So if an author wants to use the structure of a corporation to reap the reward that drives the progress of science and useful arts, then let an author provide a short-term exclusive license to a corporation.

      Yes. That is what I meant when I said it would result in a more favorable balance of power. Now, if a little-known author wants a corporation to market his work, he often must give them the copyright over it.

  82. Pottsylvania HA! by Genady · · Score: 4, Funny

    Natasha: Vhat Are you doink Dahling?

    Boris: Burning coppies of that Capitalist pig Elvis' first album. Ve vill sell them by bajillions and buy a nuke from Korea for Fearless Leader's Birthday.

    Rocky: Stop right there Badinov! Jack Valenti sent us to put the kibosh on your illegal operation.

    Bullwinkle: Hey Rocky, watch me pull a customs agent out of my hat!

    Boris: Foiled again!

    Natasha: Don't worry poopsie, I hear Saddam Husein has some Anthrax he vill sell cheap. That vill make good gift for Fearless Leader's birthday.

    Bullwinkle: Kinda makes you wonder if we're going after the wrong people for the wrong reasons don't it?

    Customs Agent: (Snapping on latex glove) I'm affraid we're going to have to search you two to make sure there isn't any contraband coming into the country.

    Rocky: Not again!

    --


    What if it is just turtles all the way down?
  83. Do you have no banana? by yerricde · · Score: 2, Insightful

    He's really a pathetic excuse for a human being

    Bad troll. But you bring up a point:

    Copying or using another's work does not foster creativity.

    In some cases, it does. Had Victor Hugo's Les Misérables not fallen into the public domain, we probably wouldn't have a stage adaptation today.

    And in some fields, inadvertent copying is unavoidable, leading to bad decisions such as the "Yes! We have no bananas!" case, where the publisher of Handel's Messiah successfully sued the songwriter of "Bananas" for copying a mere four notes from "Hallelujah Chorus".

    using common themes from literature

    But where does "reusing common themes" become "copying"? Where is the line between "idea" and "expression"?

    --
    Will I retire or break 10K?
  84. Decline of Disney by SuperKendall · · Score: 2

    I think the reason that Disney is really going into decline is that they lack a substantial base of public domain material to create new works from - look at any recent movie, like Lilo and Stitch or Dinosaur. These are not based on classics, and as a result lack what little depth that older works (like Beauty and the Beast or Pooh material) had. Disney was always at its best interpreting classic works for animation, and they have tapped the mine - then through copyright extension blasted shut the mine so NO-ONE (including themselves!) can get anything else out again.

    To me it's pretty ironic that Disney has been the primary agent of its own (eventual) destruction. I'm just pissed off the whole copyright fiasco will take so much of my lifetime to work itself out, so I will miss some of the amazing creative works that will naturally arise after much material is freed to be used by artists of all media...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  85. Disney has co-opted the mindshare by yerricde · · Score: 3, Interesting

    How do you think Disney makes all their money? The don't own classic greats such as "Pinochio"

    Disney owns Walt Disney's Pinocchio (1940). Every other direct[1] film adaptation of the novel The Adventures of Pinocchio by Carlo Collodi (read an English translation here) has failed at the box office because the differences from the familiar Disney version are too jarring. Just look at how bad Disney's Pinocchio 2.0 (2002) is doing, even though it is more faithful to the novel, chapter by chapter, than any previous feature film adaptation of the novel. The obvious conclusion is that Disney has co-opted the common knowledge of Pinocchio so as to create a false impression in the average American's mind that "if it's not Walt Disney's Pinocchio (1940), it's not the real Pinocchio."

    [1] I don't consider Short Circuit or A.I. a direct adaptation.

    --
    Will I retire or break 10K?
  86. Capitalism has little, if anything, to do with IP by freeweed · · Score: 2

    If you think that society will fall apart without the stratifying influence of capitalism, and that the idea of intellectual property is necessary for the continued prosperity of the US, I say that's b.s. and there are other possible viable economic models.

    Capitalism is ALLOWING the markets to function on their own.

    Intellectual property rights are the government getting involved in things they probably shouldn't, and then allowing PARTICULAR capitalists to influence said government intervention. It's not EVERY company that wants copyright extended, just those that happen to pay enough money to the government to make it so.

    You want another viable economic model? Get the damn government to stop protecting corporations, and allow the market to determine who makes money.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  87. Suffering and death. by autopr0n · · Score: 2

    Of course, there would be even more suffering and more death if the products where not invented, which is mostly what would happen if drug companies couldn't make money off of them>

    You might see some work being done at universities and such, but not nearly at the same level.

    Of course, there are also other possible revinue streams, such as the government paying a bounty and such.

    --
    autopr0n is like, down and stuff.
  88. The record companies' business model by Tuxinatorium · · Score: 2

    1.) Overcharge for the service of being a useless middleman.
    2.) Lobby congress to pass useless fascist laws
    3.) ??????
    4.) People buy more CDs
    5.) PROFIT!!!!!

  89. Re:My gut reaction: Communism by glesga_kiss · · Score: 2
    In fact, no communist state stands today that is not a totalitarian shithole, China included.

    The cold war put an end to that. A capitalist environment fares much better in an arms race, as the arms race benefits the economy, as opposed to draining it. The cold war broke the USSRs back, they simply couldn't keep up with all the missiles everyone else was pointing at them.

    The lack of proper elections in all the main communist states does lead to the problems you describe. However, communism, like capitalism is an economic system. Democracy and communism have no reason why they cannot exist. Just as there are many examples of capitalist dictatorships in the world.

    "pure/pristine communism" people like you realize that the two keep ending up together because communism naturally breeds totalitarianism?

    No they don't! That's just bad logic. Just because there have been a few large scale examples of that happening, it doesn't mean that one is causation of the other.

    I liked the people like me part! Who are you grouping together with me? The commies? Well, sorry, I'm not one. I'm just a bit more prepared to examine other ideas than the ones I am fed during my upbringing, i.e. breaking from the "party line". Sorry for being an individual!

    capitalist democracies like the United States and many European countries have made sure that the power in the government is spread very thinly and that as much of it as possible is in the hands of the people.

    That is so self-deluded, I don't know where to begin! The leader of one of these countries has a lot of power. They can start mini-wars, and now hi-tech assassinations are all the rage.

    The two party system is a complete mockery if the word "democracy" and the will of the people can be summed up as the 5-yearly choice between the advertising campaigns and media spin of two large corporate-backed power groups. The winner of this will then spend the next term making life easy for their campaign contributiors (legitimised bribery) and not listening to the will of the people. Members of the political party have to toe the party line on certain issues, in order to fit-in. You can't divide every issue into two choices and expect those choices to be split across the parties in a way that everyone is happy with. A vote for a third party is generally a waste of time, and 9 times out of 10, people vote for the opposing canditate of someone they don't like. Often for silly reasons, such as their haircut, looks, or how their parents voted.

    Hardly a great advertisment for the western way. Capitalism seems to work to a point, but the rich are just getting far too rich, and the poor are getting far to poor at the moment for me to agree with you that it "works".

  90. Well, not completely.... by Dark+Nexus · · Score: 2

    I don't know about the remastering thing, but they wouldn't be able to legally reproduce the entire album, as there's one song who's initial release was in the late 90s, and the copyright on it is probably dated from when it was found.

    Also there were several songs on there from the 60s.

    --
    Dark Nexus
    "Sanity is calming, but madness is more interesting."
  91. Intellectual property is a flawed notion. by ubernostrum · · Score: 3, Interesting
    The house analogy is quite flawed; why not try another? You have a big couch. You want to move that big couch. You call up your friends and say "I'll give a case of beer to whoever helps me move the couch". First guy who shows up can't move it on his own; then two more show up, and the four of you can't quite get it. Then one more comes and when he starts lifting as well, the couch gets moved. You give the beer to the last guy who showed up, and no one else.

    Sound fair? It's how intellectual "property", if it really were property, would have to work. Good thing it's not. The idea of intellectual "property" just doesn't jive, for a variety of reasons:

    • The "creation" involved is not creation ex nihilo; all authors and composers draw on previous work for inspiration and source material. Granting an exclusive property right to the last one to contribute to what is essentially historically a group effort is akin to only giving the beer to the last guy who helped lift; it makes the system morally unjust.
    • If copyright were a property right it would be unable to expire; as you pointed out, owning something now means you'll own it 96 years from now. Yet this would cause copyright to quickly be in violation of many property-rights theories. For example, John Locke says that an appropriation of property to oneself is just if and only if one leaves "enough and as good for others". But if copyright is a property right and thus perpetual, we would very quickly run out of things left for others; as previously mentioned, "creation" of property in this sense involves drawing upon the work of others, and to do so would be illegal. There might be the occasional truly new idea, but copyright would fast reach a point where we were not leaving "enough and as good".
    • The notion of copyright as property grants an exclusive property right in something which is non-exclusive. In the case of physical property, the right makes sense because physical items can generally only be possessed by one person at a time and the stability of society demands that some form of ownership be instituted in order to prevent constant strife over such possession; this principle is the basis of several major theories of property (e.g., Thomas Hobbes' and David Hume's). However, with something which can be possessed non-exclusively, applying such a rule makes little sense; if all can enjoy and benefit from possession of a thing simltaneously with no strife and no harm, would it not be an evil to deny such enjoyment and possession?
    And that's just the tip of the iceberg; I've been researching the philosophy of copyright for a damned long time and while there are certainly some fuzzy areas, I can sy with absolute certainty that copyright cannot be "property" in the sense in which you have used the term.
  92. Re:My gut reaction: Communism by jez9999 · · Score: 2

    Hrm. That thing rated me as:

    Economic Left/Right: -1.12
    Authoritarian/Libertarian: -3.23

    Almost bang in line with Charles Kennedy! Ha! I think he's a moron. It's wrong, and I am not a left-winger :-)

  93. Bzzzt! Wrong. by njdj · · Score: 2

    Now "bootleg" labels can legitimately print ...

    Bootleggers don't legitimately print anything.

    Legitimate companies can legitimately produce these records in Europe. Nothing wrong, illegal, shady etc about that. Calling these companies "bootleggers" seems libelous to me.

    Of course, it is possible that bootleggers will then smuggle the products from the jurisdictions where they are legally produced and may be legally sold, into jurisdictions where they may not legitimately be sold.

  94. Tesco's case by pommiekiwifruit · · Score: 2

    That is, if Sony Europe sells a particular CD for a value of $1 in San Marino, they cannot prevent its importation into the US even if it undercuts Sony America's price of $20, BECAUSE THEY ALREADY SOLD IT.

    Unfortunately, we have dumb laws in Europe which mean that, if Levi's sell jeans for $10 in the USA, they CAN prevent their importation into Europe because it undercuts their official price of $200 (or whatever), using Trademark laws of all things.

    But even that is not as evil as the European laws which mean that all New Zealand Cheese (apart from Cheddar) and Dessert Wines are banned for being too good (i.e. they would outcompete local brands). Pah!

  95. UK Copyright Law by lee-irving · · Score: 2, Insightful

    What is the copyright laws applicanle in the UK ?

    Copyright Act 1988 states the following :
    Duration of copyright in sound recordings and films.

    13.--(1) Copyright in a sound recording or film expires--

    (a) at the end of the period of 50 years from the end of the calendar year in which it is made, or

    (b) if it is released before the end of that period, 50 years from the end of the calendar year in which it is released.

    (2) A sound recording or film is "released" when--

    (a) it is first published, broadcast or included in a cable programme service, or

    (b) in the case of a film or film sound-track, the film is first shown in public;

    but in determining whether a work has been released no account shall be taken of any unauthorised act.

    source

    or taken from the patent office

    Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings, broadcasts and cable programmes are protected for 50 years, and published editions are protected for 25 years.

    Source

    So which is it ?

    Why cant legislators just make up their minds and give us a definitive answer ?

  96. Re:More than 95 years (probably) by schon · · Score: 2

    You could justify the two branches (life and number of years) of the term of a copyright as follows: (i) the "life of author" branch is to prevent a person's creativity, heart & soul, etc. from being exploited by others without his consent while he is alive (call this a "moral right")

    As far as I know, moral rights are not addressed by US copyright law. They are paritally addressed in Canada, and in some (most? all?) European countries. Moral rights cannot be "assigned" to another person, so they die when the author dies.

    There are interesting issues relating to the interaction of copyright lapse and continuing derviative products. For instance, in the case of Dune, upon a theoretical 20-year copyright expiration in 1985, (i) publishers would have been free to publish the original Dune without royalties to Frank Herbert, etc., and (ii) authors and publishers would have been free to publish their own derivative works using characters from the original Dune

    Why is this an issue?

    This is the exact purpose of copyright law - to enrich our culture by having a continually growing base of works in the public domain.

    You think Disney created Snow White? Or Cinderella?

    No, he made embellishments to these stories. He's made his money, now it's time to give back, so that our culture can expand.

    Remember I said my mother was a writer? She's 67 now. Assuming nothing changes in WRT copyright terms, I (and the rest of my brothers and sisters) will die before the copyright expires.

    To me, that's just plain wrong.

  97. You don't mean Elvis, you mean... by gosand · · Score: 2
    Poor Elvis, he is going to have to stop collecting European royalties from his music.

    You mean Lisa Marie, right? Guess she'll have to go out and marry another celebrity, or bump up the price of admission at Graceland. The poor girl has such a hard life, she is just trying to reap the benefits of all her hard work.

    --

    My beliefs do not require that you agree with them.

  98. Re:My gut reaction: Communism by milo_Gwalthny · · Score: 2

    Democracy and communism have no reason why they cannot [co-]exist.

    Interesting question--I can think of an argument and a counter-argument, both pretty weak. Do you have stronger arguments?

    Argument: Sweden (strong because democracy, weak because socialism, not communism.)

    Counter-argument: deToqueville's analysis of the economy of a democracy in Democracy in America (see Chapter XIII). Basically, he argues that a principal cause of instability in a democracy is that the citizens find they can vote themselves money. In effect, the majority can ride herd, economically, on the minority (ie. in the US, 50% of the population pays 98% of the taxes.) The incentive to do this is so great that it may prevent a communistic society from forming, unless the society were much more uniformly moral (the morality here being a communist one--everyone works, everyone gains) than a society could be.

    My thought experiment goes like this: (1) a democratic communism exists; (2) a small minority learns how to become more comfortable than the rest, somehow; (3) the majority finds that they can do less work and live just as well if they allow the minority to make more and take some of it for themselves; (4) the majority votes to do so, explicitly allowing stratification of earnings pre-tax and some incentive to the higher-earning minority to incent them to continue to do so; (5) stratification and taxation continues until just less than half the voters pay all the taxes.

    Note that this is a problem of democracy, not communism or capitalism. I would conclude that pure communism or pure capitalism requires some sort of minority rule.

    --
    Milo
  99. Re:Is this similiar to.... by SuiteSisterMary · · Score: 2

    And, more to the point, the anime companies do tend to use the fansub community as an indicator of what properties they should bring to North America next.

    That having been said, copyright does work differently in Japan; you can do alot more in terms of 'fan' derived work, so long as it's not commerical.

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  100. And THAT'S where we trap them! by alispguru · · Score: 2
    If DRM becomes required by law, in support of copyright, then it should logically have to follow ALL the requirements of copyright, INCLUDING:

    Automatically disabling itself when the copyright expires

    Automatically updating itself when the copyright term changes

    Any DRM system that can't do those things can't be required by law if its purpose is to support copyright, since it should support the rights of BOTH creators and the public.

    Of course, all the above assumes logic and fair play will be considered. As a substitute for those, the legal system uses due process.

    --

    To a Lisp hacker, XML is S-expressions in drag.
  101. Re:So long as we're nitpicking by Arrgh · · Score: 2

    Right you are! I've read a few of Neil Postman's books, and the "Gutenberg would have been horrified" bit came to mind, so I Googled and found that quote.

  102. Re:This is a good thing. by Dyolf+Knip · · Score: 2
    An artist is 20-40 years old when he makes his music and the copyright expires after 50 years. So when the last copyright expires he's 90 years old

    The clock on today's copyright doesn't even start ticking until he's bucked the kicket. Life of the author plus 70 years, no?

    Which means that if Mozart were born today and was destined to be particularly long-lived, the stuff he composes at age 5 wouldn't fall into the public domain until the last years of the 22nd century. I cannot in my wild hallucinations comprehend how anyone can consider this state of affairs to be necessary and, against all logic, insufficient.

    --
    Dyolf Knip
  103. Re:Movies by Dyolf+Knip · · Score: 2
    Metropolis and a number of other old movies are out on DVD, no? Which means that when (if?) its copyright expires, we will have an extremely legal (not just 'fair use') usage for DeCSS. If, by the MPAA's logic, all I own is the disc, then when the stuff on it ceases to belong to anyone else, I can do whatever the heck I feel like with it.

    Of course, this train of thought is logical and reasonable, so I expect it will have no effect on lawyers, judges, and politicians.

    --
    Dyolf Knip
  104. Re:My gut reaction: Communism by glesga_kiss · · Score: 2
    My thought experiment goes like this: (snip)

    To prevent that situation you'd need to ensure that a small minority doesn't get total control, and there are rules to prevent manipulation of the system. You'd also need a free and independent press to cover the issues to the public fairly and without bias. Ain't ever going to happen in todays world, to many have a vested interest in the status quo.

    You make some interesting points...

  105. Re:My gut reaction: Communism by DarkZero · · Score: 2

    No they don't! That's just bad logic. Just because there have been a few large scale examples of that happening, it doesn't mean that one is causation of the other.

    That's a distortion of the facts. There haven't just been "a few large scale examples of that happening". The reality, as I already pointed out, was that there was no example of the opposite happening. Rather than pointing out a few small examples of communist dictatorships, I said that I could not think of one that DID NOT have a totalitarian government. You furnished no example to refute that.

    I liked the people like me part! Who are you grouping together with me? The commies? Well, sorry, I'm not one. I'm just a bit more prepared to examine other ideas than the ones I am fed during my upbringing, i.e. breaking from the "party line". Sorry for being an individual!

    Again, a distortion. What is more likely, that by "you people" I meant "godless communists" or "people making the same exact argument that you were"? You assume that the other side is insulting you in your responses because you wish that I had just given you the old "oh, fuck you, you dirty commie" response, presumably because you would've handled that better and been more equipped to refute it.

    A vote for a third party is generally a waste of time, and 9 times out of 10, people vote for the opposing canditate of someone they don't like.

    Right there, you refute your own argument. People can vote for a third party. In fact, in most of the ballots I've seen, there are at least five people from five parties for each seat. That's democracy and the fact that the people don't want to vote for a third party does not change that. They have a choice and just because they keep sticking with what they've got doesn't mean that that's their only choice.

    Often for silly reasons, such as their haircut, looks, or how their parents voted.

    Again, you assume that other people are stupid because it helps your argument. Can you furnish any example of someone coming out an ballot booth and telling a journalist or pollster "I voted for him because I like his haircut" or "That's what daddy told me"? Or do you just assume that everyone that doesn't agree with you is "diluted"?

    Hardly a great advertisment for the western way. Capitalism seems to work to a point, but the rich are just getting far too rich, and the poor are getting far to poor at the moment for me to agree with you that it "works".

    If the rich are just getting richer and the poor are getting so much poorer, then I'd think that you would have a better example of that than the same quote that communists have been using throughout the last century. You make very sensationalist statements without backing them up.

  106. Re:My gut reaction: Communism by Pentagram · · Score: 2

    Not that it isn't interesting to think about, but I believe the problems with your thought experiment (if I understand it correctly) are that you are assuming that people are motivated entirely by greed and have no concept of the long-term. If the people in general were indeed like that it might well be a good idea to discard democracy and aim for some sort of benevolent dictatorship as an ideal.

  107. Re:My gut reaction: Communism by Pentagram · · Score: 2

    If the rich are just getting richer and the poor are getting so much poorer,

    Are you denying that that is not the essential basis of capitalism, both in theory and in practice?

  108. Re:My gut reaction: Communism by milo_Gwalthny · · Score: 2

    What strikes me, in the current debate over Bush's proposed tax cuts, is that the media seems to be willfully ignoring the fact that only the richer half of the country pays taxes. When they say that Bush's tax cuts favor the rich, it's a sort of tautology: only the 'rich' (meaning those wealthier than average) pay taxes. The argument should be how much money to take from the rich and give to the poor (in the form of increased government services), not whether or not the rich are paying their 'fair share.' I think that people aren't willing to face up to what you call greed in this country: the majority of people here demand a welfare state that they can not actually afford.

    Now, I am not willing to call this immoral, and I believe it is the same situation as in my thought experiment--people giving up certain principles (the Jeffersonian principles of owning the fruits of your labor and minimal government that were moral mainstays until, well probably until the 1930s) in exchange for money or services. I hesitate to call it greed, although it is tempting as I contemplate my W-2, since it has always been presented to me as a different set of principles (ie. helping those less fortunate.) I believe that in the world of my thought experiment, the same process would take place: the hard-line communists would be outvoted by those who are willing to switch principles to those of capitalism, partly because they don't believe strongly in either and partly because under the bastardized system their lives, as well as their neighbors', parents' and childrens', are better.

    --
    Milo
  109. Re:My gut reaction: Communism by Pentagram · · Score: 2

    in the US, 50% of the population pays 98% of the taxes.

    I've heard this before, but it seems to have stayed oddly unchanging since I heard it first, which I think was several years ago. Do you have a source? Also, is it 50% of the absolute population or 50% of the working population, or 50% of the eligible working population? If it's the first then saying that only the wealthier than the mean pay taxes is rather misleading.

  110. Re:My gut reaction: Communism by milo_Gwalthny · · Score: 2

    Caught me. My source is the WSJ, sometime in the last two months. But, like you, I have heard various numbers and various metrics--generally depending on the affiliation of the quoted congressperson. But if said congresspeople don't have to footnote references, why do I? :-)

    Looking, quickly, at the tax stats at the IRS site I can't find the link between people and taxes owed. The best I can do is find that tax returns with more than $100,000 in adjusted gross income account for 48.4% of taxable income and 61.5% of income tax after credits. This is for 1999, the latest year readily available. I understand that this is not the same thing as people, but it is directionally correct. I believe the average household income is below $100,000 (somewhere in the $60k range?)

    I believe the numbers I quoted in my prior post were 50% of the absolute population, which is the most aggressive way to count (which is to be expected of the WSJ.) But, aside from minors, who can't vote, this supports my point (also note that the rich half have children too--whether thay have more or fewer than the poor half is difficult to say, especially since the poor half includes many people just starting in the work force who may not have children yet while the rich half is overrepresented by older people who will have had the children they are going to have.)

    There was a quote in the NYT in the past couple of weeks from a Democrat who quoted number of taxpayers versus most of the tax paid and it was much more than 50%, which makes sense since there were 127 million returns filed in a nation of 281 million people.

    Sorry for the scattered response, I wish I was more conversant with the actual stats, but it's hard to fit that into my job description :-). Note that all these numbers are for individual returns (ie. not corporate, partnerships, etc.) Anyway, my whole argument might be mooted by my definition of rich as more adjusted gross income than average: clearly wealth has a fixed asset component, not just a cash flow component. Also, the argument is mightily skewed by including just income tax and not sales tax, property tax, tariffs and all the other governmental fees. Which way it is skewed is anybody's guess. My wish would be to see an overall comparison of who pays for our government and who benefits. At least then we could have a real argument about our priorities.

    --
    Milo
  111. Re:More than 95 years (probably) by schon · · Score: 2

    I wasn't saying that a "moral right" concept as such exists in the U.S. as it does in Europe (it was probably a bad idea on my part to use a term that has a specific meaning in another legal system), but that the "life of author" branch of the copyright term owes its origin to "moral" concepts as much as to economic incentive ones.

    I think the problem boils down to US competitiveness with Europe. Europe recognizes Moral rights (which last the author's lifetime), and the Lobbyists display to US lawmakers and say "See - Europe extends copyright to the life of the author - we're missing out!".. but they neglect to point out that it's a moral right, not an economic right.. and since the US doesn't recognize moral right, they simply extended the economic right "to compensate".

    I would like to try to check out the arguments made in favor of copyright extensions in any Congressional hearings on the subject -- just to see if there are any half-way legitimate arguments I am missing. (Does anyone have any links?)

    Try this one; it's from the Sonny Bono hearings.

    http://commdocs.house.gov/committees/judiciary/h ju 43666.000/hju43666_0.htm

    The main thrust of the arguments seems to be "We need to be better than Europe!"

    Vincent Vecera (a policial science student) posted an (admittedly one-sided) interpretation of these hearings (and others) here (it's in PDF format though.)