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New IFPI Boss Vows to Extend Recording Copyrights

JamesD_UK writes "John Kennedy, President and COO of Universal Music is to succeed Jay Berman as Chairman of the IFPI, the worldwide equivalent to the RIAA. Andrew Orlowski of The Register has written an article covering John Kennedy's views on copyright infringement and the public domain. Although Kennedy's thoughts on the former are predictable, he has vowed to fight hard to extend European recording copyrights past the current fifty year term. An extension of the European term to match the US would be particularly damaging to the public domain and efforts such as the Internet Archive as well as increasing the control that the recording industry holds over performers. For those interested, I run a small blog of articles regarding copyright recordings."

34 of 225 comments (clear)

  1. Poor Picasso is rolling over in his grave! by garcia · · Score: 4, Interesting

    The combative former shipping lawyer will succeed Jay Berman as head of the lobby group the IPFI - the international version of the Recording Industry Ass. of America (RIAA) - and he defended both the the lawsuits and file poisoning at the In The City music conference in Manchester this week. (emphasis mine)

    Coincidence on their choice of abbreviations? I think not.

    He'd be more sympathetic to songwriters, he said, the day that record companies had "50 per cent margins". In fact, he claimed that record companies spend more on R&D than technology companies, because of the marketing spend required to create a hit [*]. The implication was clear: the success of an artist was down to the Shock and Awe bombing of the record company's marketing team, which is very expensive.

    I can guarantee you a hit every time. Let me listen to the song. If the song sucks I'll tell you that. Then you can go and pay off every one of your little radio stations owned by ClearChannel and Inifinity (and various other conglomerates) and they can play the sucky song over and over again until people like it. If the song is good the artists should go on tour and make their own money as they have talent and they don't need your pay-offs.

    "For 79p you've got a work of art that's like a Picasso, only one that's as close to the original as you can get," he said. [**]

    To each their own on musical tastes but man, fucking Picasso is painting a gigantic brown-eye all over the inside of his grave after that comment.

    Isn't there something the music purchasers can do to stop this asshole from taking over? Write letters, boycott, something?

    1. Re:Poor Picasso is rolling over in his grave! by hype7 · · Score: 5, Insightful

      the man is so far off base from a normal human being I'm wondering if he's not the RIAA's Manchurian Candidate:

      The UMG boss had little sympathy for the twelve-year-old girl in a New York housing project who had harbored an MP3 of the theme tune to her favorite show on her computer, and had been sued by the RIAA. Her family paid out thousands of dollars in a settlement. She was a "serious file sharer", insisted Kennedy.

      The first step in beating these pricks is to get Congress's hands out of their pockets. Until that happens, people like this will be put in positions of power where he can continue to go after the little 12-y-o criminals.

      -- james

  2. Where's a grassy knoll when you need one? by stratjakt · · Score: 3, Funny

    n/t

    --
    I don't need no instructions to know how to rock!!!!
  3. What I don't understand is... by drunkennewfiemidget · · Score: 5, Insightful

    Most recordings that're > 50 years old are no longer profitable anyway, aren't they?

    I mean, isn't the real cash cow in the new 'hit' stuff they're making with cookie cutters nowadays?
    Is it actually worth their time and energy to be able to go back that far? I thought they'd go where the money is...

    Perhaps I'm just misguided...

    1. Re:What I don't understand is... by stratjakt · · Score: 5, Insightful

      Sure, they can be profitable.

      Maybe some director want's to use some old song in his '50s era gangster epic.

      Hell, stuff like Chuck Berry, Elvis, Beatles, Buddy Holly, Hendrix... That'll always be profitable.

      How much is Brockheimer (sp?) paying to use those Who songs as the theme for his umpteen billion CSI spinoffs?

      The stuff that isn't well known or popular... Who knows? Society is weird, all of a sudden some obscure song from 1961 is the biggest dance craze of 2005.

      Even if it's worth no more than a nickel, they don't want to take the chance of losing it.

      It doesn't cost them anything to keep they copyrights for decades or centuries.

      Perhaps if it did, things would change. They'd have to decide, song by song, which are worth holding onto. But, if holding copyrights are a financial burden to the holder, it'd bar regular folks from the same protection that rich folks or corporations have.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:What I don't understand is... by Anonymous Coward · · Score: 5, Insightful

      From what I've seen so far, the propaganda here in Europe has mostly circled around the fact that the earliest recordings of Elvis are due to turn 50 soon and they are apparently still bringing in cash for the record companies.

      They even made some remixes of old Elvis songs and used the fact that they managed to top some charts to argument that "old" music could still be "fresh" and generate money. This (according to lobbyists) was an argument when lobbying European politicians to prolong the copyright.

      Personally, I feel it's an argument for the opposite side...apparently cool music can be made when the public creativity is unleashed upon the "old" music as it falls into public domain...that's part of the reasoning *for* time-limited copyright.

    3. Re:What I don't understand is... by 16K+Ram+Pack · · Score: 3, Interesting
      Copyright I think is really a way of granting something we don't really want to grant - that is the right for something not to be copied, the right to protect ideas, and as such, people are granted a temporary license to them. That is, you get to exploit it for a time (quite a long time).

      Copyright was put in place from the point of view that if you don't have copyright, you'll get people just ripping off your work and therefore, people won't create. That's very reasonable.

      But, 50 years is quite long enough for a person, but then this is more about corporations, not people. Copyright was not created in a time of giants of publishing. When copyright first arrived, it was more about individual creative people, for whom a copyright of even 20 years would grant them sufficient income.

      If you record something age 18 and have 50 years, that means it expires when you are 68.

    4. Re:What I don't understand is... by Maul · · Score: 4, Interesting

      No, they are. At least the stuff that has lived on to become part of our culture.

      These de facto infinite copyrights that we have now will enable the entertainment industry to charge over and over again for music and movies that should be in the public domain.

      You can be guaranteed that if a new physical format for distributing music (the successor to the CD or whatever) takes hold, the record companies will re-release old Elvis and Beatles albums in this format (among plenty of others). They'll probably release them as "commemorative editions" and charge up the wazoo for them as well.

      With how things are now, some record company executives who weren't even born yet when the Beatles were creating music will continue to get rich off of their work, even after the remaining two are long dead and buried.

      --

      "You spoony bard!" -Tellah

    5. Re:What I don't understand is... by real_smiff · · Score: 3, Informative

      I know someone who works as an accountant in BMG NZ (or rather did, before they laid off most of their staff). I can confirm Elvis is one of their biggest sellers, and certainly most profitable. it costs the label almost nothing to put out a new compilation/greatest hits. I'm not even talking about remixes! She often joked that all their biggest earners are dead. Mind you, this could also be something to do with why BMG were having problems..

      --

      This is my Sig, this is my Gun. One is for Slashdot and one is for Fun.

    6. Re:What I don't understand is... by OwnedByTwoCats · · Score: 4, Insightful

      The deal that "the public" had with Elvis (etc.) is that if he recorded his music, he would get exclusive rights to it for 50 years, and the public would have rights to it afterward.

      What does the public get in exchange for losing their rights to music published in 1953?

    7. Re:What I don't understand is... by cpt+kangarooski · · Score: 4, Informative

      That's incorrect. Trademarks are not functional equivalents for copyrights. Thus, it can't prevent you from creating derivatives. There was a case that dealt a little bit with this. You can read it here. It doesn't come up much, however, since the situation is rare.

      --
      -- 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.
    8. Re:What I don't understand is... by Sique · · Score: 4, Interesting

      On the other hand they borrowed from Carlo Collodi to make Pinocchio. And they made Pinocchio in 1940, the year after Carlo Collodi's Copyright ran out. He died in 1890, just 50 years before. Strange, isn't it? ;)

      Disney played very well on the copyright instrument, grabbing everything as soon as it was free of charge and put their own version in place, for which the copyright should never ever expire.

      --
      .sig: Sique *sigh*
  4. the best part about that article by hype7 · · Score: 3, Funny

    is the Register's commentary about this quote by Kennedy:
    "For 79p you've got a work of art that's like a Picasso, only one that's as close to the original as you can get," he said. [**]

    the [**] equates to: Don't write to us - we'll find him a good earwax specialist.

    Damn straight! :)

    -- james

  5. In a related story... by archevis · · Score: 5, Funny

    ... Lee Harvey Oswald admits his mistake of popping the wrong John Kennedy.

  6. Not at all surprising by Anonymous Coward · · Score: 5, Insightful

    It is in the best interests of the entertainment industry to extend copyrights. So before everyone gets their panties in a twist, remember that it's going to be this guy's job to improve the standard of living for executives in the recording industry.

    1. Re:Not at all surprising by Peter+La+Casse · · Score: 3, Insightful
      "Nope. Copyrights should be good for the lifetime of the artist who creates the work, and requires a specific delcaration of assignment of rights to allow a corporation to make use of that copyright for the lifetime of the artist, or some shorter period of time, with the rights reverting to the artist." Sorry, I have to respectfully disagree with this, if it is purely for the actual lifetime of the artist then there is no protection for the family / estate of the artist.

      Why should the family / estate of the artist get protection above and beyond what the family / estate of the factory worker gets? If the artist wants her family / estate to have more money when she dies, then she should save money to pass on to them, just like everybody else has to.

      A better solution would be to make copyrights uniform, and set them at a much lower level - say, 5 or 10 years. That way, an artist/corporation would actually have incentive to keep creating new artistic works, which is why people invented copyright in the first place.

  7. Are musicians part of the music industry anymore? by KneepadsOfAllure · · Score: 5, Insightful

    But he had even less sympathy for songwriters, who receive only a small fraction of royalties that recordings owners receive. that was fair, he insisted, as hits were down to investment in marketing, he said. At Polygram (which became Universal), Kennedy had stopped the practice of chart-fixing, he said, "because we were so bad at it. Songs that were supposed to chart at No.6 were coming in at No.34". Don't you love it when the people who run the music industry don't actually care about the people who MAKE music? And he said they stopped chart-fixing because they were bad at it?! He does think that it's WRONG to outright lie to the public to try to shove shitty music down their throats, he's just disappointed it didn't work as well as they thought it would. What a joke.

  8. God is he shortsighted... by squatex · · Score: 4, Insightful

    But record companies were still needed, he said, because "no unsigned band has been broken by the internet," he said. "Bands are screaming in space on the internet." Its really only a matter of time. And while no artist has become a "superstar" online yet, there are some artists who have built some rather large fanbases (see Mc Chris

  9. Limited? by BillyBlaze · · Score: 5, Interesting
    If time continues to progress at 1 year per year, and copyrights are extended faster than that, then no copyright will expire in a limited time. Granted, this may not be constitutionally mandated in Europe, but what if they extend it further than it currently is in the US? Then we will have to extend it it to match them.

    If governments won't stop this trend, maybe competition can. If people come up with a licence that expires in, say, 15 years, and a trademark logo ("Sane copyright inside!"), and companies who wouldn't be impacted by this start using it, it might become popular. Then, people who care could exert direct competitive pressure against those who don't go along.

    No, I don't think this will actually happen, but wouldn't it be cool?

  10. Labels by The-Bus · · Score: 4, Insightful

    "as well as increasing the control that the recording industry holds over performers."

    I'm not shedding a tear. People act as if labels are the only way to do things. Don't want to sign with Universal? Don't. Publish on your own. Don't use the labels. You still have a choice.

    --

    Small potatoes make the steak look bigger.

  11. Limit copyright by teeth · · Score: 5, Interesting
    ...to 15 years and real humans.

    Exclusive licences should be limited to 5 years and carry an obligation to publish; if a licencee fails to publish they should lose their rights without compensation.

    --
    >>>>truth; beauty; unix.<<<<
  12. Goes against the original copyright spirit by Large+Bogon+Collider · · Score: 5, Interesting
    Copyright is a monopoly on use/distribution for a _limited_ time so as to grant the authors/creators some time to recoup their expenses. Afterward, it is meant to go into the public domain so as to benefit all of mankind. Most of our great works of literature and songs are in the public domain, which allows anyone to create derivative works without being unduly hampered by fees and such. If you can't make an adequate return on an investment in 50 years, it is safe to say that it was a flop. A copyright extension does nothing to change that! These greedy pigs ought to be slapped down.

    An interesting sidenote is this: remember when copying a chord (dunno how many notes that was) of song was considered infringement? I wonder what would happen if someone went out and made a pseudosong with every possible combination of a chord. Then they could sue every new song as being "infringing." The whole notion is ridiculous

  13. No wonder the music industry is dying! by Anita+Coney · · Score: 4, Insightful

    Do we need any more proof as to why the music industry is in the dumps?! The top dog of the music industry cannot distinguish between a good song or a bad song. He appears to believe that any succession of notes could be a hit merely by marketing.

    I hear people say again and again that they buy less music because music sucks today. (At least the crap pushed by the industry.) Now we have evidence to back that up.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  14. The Empire Strikes Back by Roadkills-R-Us · · Score: 4, Insightful

    Emperor Palpatine, is that you?

    Every one of these industry moguls wants to be the Emperor of the Universe. They hate the way things are now, think they have the answers, and they want the power and the money.

    The great thing is, just like in Star Wars, *we're
    letting them do it*.

    Don't like it? Join the rebellion now. I made a vow not to buy any more big RIAA-approved CDs until the insanity stopped, and I haven't. Used and indie CDs? No problem. But it takes more than that (they just blame it on piracy). Write your government representatives (ussuming you live somewhere you have representation). Refuse to support the Empire. There's lots we can do.

  15. Did anybody read Playboy? by Bloody+Templar · · Score: 3, Interesting

    Seriously, that's a real question. There's a really good round-table discussion in this month's Playboy about the music industry and how they're running themselves into the ground with this crap. Most everybody - except for the RIAA dick - seems certain that the record industry's days (as we know it) are numbered.

  16. Perhaps we're looking at this the wrong way. by lynx_user_abroad · · Score: 4, Insightful
    There's a saying I'm quite fond of:

    Innovation will occur where it's allowed.

    I've read-up on all the Lessig arguments and I think he's done a good job of understanding and explaining the mechanics of how overzealous copyright law can hinder the development of derivatives. But I have to disagree with his conclusions.

    Lessig's arguments, in a nutshell, are that because of draconian copyright law, the culture we would expect to see developing around protected works is not developing.

    Maybe he's right, but maybe who cares?

    It seems to me that the actions of the RIAA and friends will primarily result in the next generation developing it's own non-derivative culture, and with it, a derivative culture based on it.

    Here's one example: the fastest growing software culture right now is not the proprietary software culture where everything is fairly adequately protected, but the free software culture where sharing and derivations are king.

    Or consider this: The BBC is investigating the possibility of opening their archives to the world, placing them on the Internet, and allowing anyone who cares to create their own derivative works. If this happens, is there any doube that the next geveration of American kids will enjoy a culture of Dr. Who remakes, and be scarcely familiar with the culture of Friends and (God forbid) it's remakes?

    The culture will grow wherever the culture is allowed to grow.

    There's plenty of music out there on the internet which the RIAA can't complain about you downloading because the artist has already authorized it. (I don't want to bias anyone, so I won't post links here, but I'll invite replies and follow-up to post their favorite sites.)

    What would happen if the onling music sharing community were to declare January, 2005 as Free Music Only month and take a pledge to refuse to offer, download, or purchase any music which isn't Free To Share for 31 days. Would the RIAA notice if all priacy stopped? Would they modify their prices or policies to compensate for the sudden reduction in the behavior they are soo keen to stop?

    Would the industry ever recover from the loss of customers to the Free Music culture.

    I submit that we don't have to build our culture on top of the one created by the RIAA; that the culture we have created for ourselves is really quite good, and certaintly adequate for our needs.

    I'd say let the RIAA keep their worn-out cookie-cutter tunes. Let the culture they created die by their own silly overly-protective rules.

    Wouldn't that be ironic; the RIAA, faced with the prospect that their primary market just doesn't care anymore, pleading to reduce copyright terms just so that future genrations will bother to remember them at all?

    --

    The thing about things we don't know is we often don't know we don't know them.

  17. Policiticans & Activists - END THIS NOW - HERE by The+Breeze · · Score: 4, Insightful

    I hate taxes.

    However, since corporations seem to think that once something is created they should own it forever, make them subject to the same taxes everyone has to pay - if intellectual property is truly property, treat it as such.

    In other words, we must all pay taxes if we own real property - it's called the property tax. If you own a vacant lot, you must pay tax every year on it, whether you use it or not.

    I hate that. I think it's stupid. I think once you own a piece of real estate, you should own it forever. However, that is the way the world is.

    Let's extend it. The MPAA, RIAA & company pretty much have Congress and the Supreme Court bought off one way or another. It's pretty clear we can't fight them directly. So, let's start a campaign to collect intellectual property tax. Force companies to register and maintain title to created works. Give them a twenty year window, from time of first publication, to own the IP free and clear of tax. After twenty years, charge 'em tax if they don't relinquish the copyright to the public domain.

    It's drastic. It's yet another stupid tax. On the other hand, it's a potentially huge source of revenue and a way of bypassing the lobbyists and hacks who prevent enforcement of the LIMITED copyrights mentioned in the Constitution. Go to a politician and tell them that the campaign contributions they take in from the copyright holders can't match the goodwill generated by bringing home the pork money that this tax will bring in.

    How much will a .5% tax on Mickey Mouse bring into the government till?

    Let's do it. Anyone want to work with me to make it happen? It'd be difficult - copyright is usually a Federal issue, but there must be a way to get something done at the state level. Send me email if you're interested.

    I'm a conservative Republican. The idea of working to create a new type of tax is hateful to me. Unfortunately, I must conclude the idea of turn the right to think and create freely over to corporations is even more hateful.

    -Steve Calabrese

  18. Copyright industries seem unnaturally greedy by ShatteredDream · · Score: 3, Insightful

    They seem to have no conception of a need to foster public good will, which is just bizarre for a corporate entity. Whenever I think about things like steamboat willy, I just can't help but wonder why Disney didn't release those really old cartoons just to keep old fans happy. Yes, they would lose out on a small amount of revenue, but a company that "gives back" gets a good reputation that can make its future offerings more attractive since it adds a more human face to an otherwise faceless entity.

    1. Re:Copyright industries seem unnaturally greedy by multimed · · Score: 3, Insightful
      Blame it at least in part on the stock market. Executives are not rewarded for the future, they're rewarded of increasing the share price in the short term. Not that good will can't have a positive impact on share price, but it's less so than short-term profits and takes longer.

      Though I guess in fairness it's not the market's fault persay--the market does what it's supposed to. But individual shareholders, mutual funds and corporations are driven by not just greed, but instant gratification at the expense of long-term growth.

      --
      Vote Quimby.
  19. Founder's Copyright? by MenTaLguY · · Score: 3, Informative

    You mean something just like this?

    O'Reilly has released a number of titles under this arrangement.

    --

    DNA just wants to be free...
  20. Crap... by Gentlewhisper · · Score: 3, Insightful

    When will all this stop?

    Will it ever lead to a day when we would finally have the MCXCIII compilation of Britney Spears FOREVER and on the case instead of showing a busty Britney, it just shows a mound of dust.

    That's what Britney would be in say.. 70 years, the way they keep extending these God damned copyrights.

    So what if they spent 10 billion dollars to market that bitch? Other industries (like drug firms/whatever) spent a lot to develop products too, they don't get protection as ridiculous as these (thankfully)

    Of course, we can go on and on about boycotting them, but as long as Joe Average doesn't know (or care) about what is happening, it won't even make a dent on the RIAA.

    So long "the land of the free", let's all migrate to Nigeria!

    http://www.migrate-nigeria.com/

  21. It's All Leapfrog - and we're the suckers!! by Nom+du+Keyboard · · Score: 4, Funny
    New IFPI Boss Vows to Extend Recording Copyrights

    This is all a stupid game of Leapfrog, taking us all as suckers for a ride. To wit:

    1: Increase copyright lengths in the USA.
    2: Claim Europe is out of step "with the world" because their copyrights are only 50 years now, instead of life + 75.
    3: Increase European copyrights to exceed the "world standard".
    4: Claim the USA is now "out of step with the world" because their copyrights aren't as long as the Eurpoean standard.
    5: Demand increasing USA copyright terms to exceed European copyrights.
    6: PROFIT!!!
    7: Goto #1.

    I believe whatever copyright existed when a work was created and released to the public should remain in force for that work, and expire on schedule. Clearly that copyright was sufficient to insprie the creation of that work at the time, which is the stated purpose of all copyrights!

    You know, the more things get unfair, the less I'm worried about "stealing" music over the Internet. I would not take physical product from a store, but that's a very different thing.

    HOWEVER, the music industry has very little to worry about from me because frankly just about nothing today is worth listening to.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  22. an off-topic prediction of evil by teamhasnoi · · Score: 4, Insightful
    Music copyrights are being lengthened all the time. Left unchecked, eventually copyright extensions will be subject to diminishing returns, as the body of music grows, 'record' collections expand, there will be less money to be made from music that should have gone to public domain, as less will be 'repurchaced' and more variety will be available.

    Many ad agencies, when making a commercial for TV, use music that has not been cleared. When the commercial is ready for production, they have someone record a 'similar' version with different chords or a melody that differs only slightly - enough that it is considered a separate work, and no license is required. Clearing copyright for movies is similar - a license for distribution in a movie is subject to contracts as long as your leg and the price is shooting ever higher.

    I predict that the music industry will move to have the mood and 'feel' of a song copyrighted. Just think of the money to be made by copyrighting a genre or production style of music! If the music industry can copyright the 'feel' or production style of a song, they will have what they always wanted - absolute control over who makes and distributes music. Independent songwriters who write a song that has a similar style to the Beatles 'Blackbird' will have to clear the copyright on that 'style'. Bands will be prevented from writing or performing 'a song that sounds like Led Zepplin'.

    Yes, it sounds far fetched, yes, it is fraught with loopholes, opinion, and subjectiveness.

    But it would make them rich, and it would make them all-powerful.

    Watch for it.

  23. Its a negative sum game folks. by SloWave · · Score: 3, Insightful


    When are people going to realize that the extending copyrights, enhancing patent coverage, or any other games being played by IP monopolists are done at the direct cost of reducing the rights of individual people. That's right, it means taking something that you had as a right and giving it to a corporation. At one time this was justified by the belief that it would provide incentive to create new products and services. As we are seeing more and more, the effect now is to stifle innovation and keep it under control of large corporations so that they may maintain ecomonic power.