Slashdot Mirror


UK Copyright Extension Not Happening

chiark writes "In a surprising move (surveys said that the public supports extending copyright), the UK will not extend copyright to 95 years following a recent study. Back when this was was covered on slashdot last year, I wrote to my MP and thought no more of it, but recently a UK thinktank has called for fair use to be enshrined in UK Law. Looks like the government is realizing that the public are the ones that vote 'em in or out." From the article: "Sir Cliff Richard and Jethro Tull had been among artists lobbying for copyright to last 95 years, rather than the present 50. The decision means that from 2008 Sir Cliff's earliest recordings will start to come out of copyright. "

391 comments

  1. Suggestion: Until Death of Creator by myrdred · · Score: 4, Insightful

    I think the way to solve both problems (creators keeping copyright and it not being abused for too long) is to make it last 50 years OR until the death of the creator of the work. This way, creators who are still alive do not feel cheated like they do currently (after all, they made it), but the timeframe is not extended in all cases, so the work still enters public domain if the author has passed away and 50 years expired.

    1. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 5, Insightful

      Probably not a good idea to put a price on the head of an author when you consider that the music industry is already into mafia-like tactics like payola...

    2. Re:Suggestion: Until Death of Creator by cjb909 · · Score: 5, Funny

      But what about the children? Shouldn't they benefit from the creations and hard work of their parents? Won't somebody please think of the children?

    3. Re:Suggestion: Until Death of Creator by etymxris · · Score: 2, Insightful

      The problem then is that this could lead to contract killings.

    4. Re:Suggestion: Until Death of Creator by Animats · · Score: 4, Insightful

      No. Fifty years, period. That's all the TRIPS agreement (the WTO's requirement for national copyright laws) requires. If you haven't invested your fifty years of royalties, tough.

      Now we have to push for "copyright harmonization" in the US to cut back US copyright to the TRIPS standards. It's time for the Copyright Term Reduction Act.

      Fifty years and it's free. It's a law we can live with.

    5. Re:Suggestion: Until Death of Creator by Andy_R · · Score: 1, Insightful

      While telling Courtney Love that she suddenly has to rely on her own 'talents' might be popular, dead artists do sometimes have nice widows and children to support, and this rule would cause problems where there are shared authorships - would you allow me to copy half a Lennon/McCartney compositon because they are 50% dead?

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    6. Re:Suggestion: Until Death of Creator by AuMatar · · Score: 4, Insightful

      So do dead mechanics, dead teachers, dead garbagemen, etc. They don't get paid after death unless they invested their money. Neither should artists.

      Of course, life is way too long as well. The original copyright was 12 years, and at that time reproduction and distribution was much slower than today. 3 years should be more than sufficient in this day and age.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    7. Re:Suggestion: Until Death of Creator by s7uar7 · · Score: 3, Insightful

      Death of the creator of the work plus dependant children until they're 18 would seem fair.

    8. Re:Suggestion: Until Death of Creator by russ1337 · · Score: 1

      >>>...."is to make it last 50 years OR until the death of the creator of the work"

      I'm sure the record company will argue they are the creator of the work... and they'll never die.

      You may also wish to append "whichever is greater" (You have to think of the children)

    9. Re:Suggestion: Until Death of Creator by Simon+Garlick · · Score: 1

      *skim-reads post*

      What's that you say? You think someone should kill Sir Cliff?

    10. Re:Suggestion: Until Death of Creator by daeg · · Score: 1

      What about companies?

    11. Re:Suggestion: Until Death of Creator by stinerman · · Score: 2, Interesting

      Fifty? How about 10? Better yet, five with a five year extension. Anything more than that is off the table for me. And while we're at it, make it a commercial copyright.

    12. Re:Suggestion: Until Death of Creator by Artifakt · · Score: 5, Interesting

      I know that was tongue-in-cheek, but it's worth noting. You can always make the same arguement at any time, so it leads to totally unlimited copyright. What about the grand-children benefiting from the creations and hard work of their grand-parents?
            To those artists who actually support this. Frankly, if you're an artist, and you want your heirs unto the fifth generation to have a special advantage over everyone else's equally remote descendants, you're a lunatic megalomaniac, with some kind of fixation about founding imperial dynasties, and it's about time your fans told you off. I'm still contributing to an anuity for my kid, hope you do something similar. I worked hard when she was growing up too - instead of complaining that she wouldn't continue to receive money if I died, I carried lots of life insurance. I carry less now that she's grown, educated and mostly independant. Shouldn't she benefit some more from that money I spent on life insurance earlier? And if not her, well she's gonna make me a grandfather someday (or so she says) - why can't I pass on some of the fruits of my old carreer to those cute little hypothetical grandkids?
            "Ooohhh! Ooohhh! I want my highly evolved descendants living in the Omega Centauri region a million years from now to benefit from my hard work, won't someone please think of the 19 ft. tall, cylendrical, neutronium sheathed, stardrive-up-the-spine fitted trans-transhuman children?".

      --
      Who is John Cabal?
    13. Re:Suggestion: Until Death of Creator by Loconut1389 · · Score: 2, Insightful

      except that the work only makes money if people are still buying or performing it- which means it still has value to someone. If the work was a piece of junk, the kids wouldn't get anything anyway.

    14. Re:Suggestion: Until Death of Creator by Andy_R · · Score: 5, Informative

      Civilisation didn't actually start with the US constitution! The *original* copyright was actually 21 years, specified in the British Statute of Anne in 1710, unless you count the licencing act of 1662, which granted rights that never expired.

      While I'm in favour of much shorter copyright terms, I'm not sure your analogy works very well, since dead garbagemen don't clear up much rubbish, but dead musicians do sell a lot of records.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    15. Re:Suggestion: Until Death of Creator by cpt+kangarooski · · Score: 2, Insightful

      I disagree, but in any case, so? Copyright isn't meant to be fair. It's meant to get the greatest benefit for the public at the least cost to the public. If 10 year copyright is just as much of an incentive to artists in terms of them actually creating works as 100 year copyright is, then the former is the only acceptable choice. And often the difference can be just that stark, since the vast majority of copyrights are worthless, and of the tiny fraction that have any value ever, the vast majority of those only have value for a few years. E.g. if you have a movie, most of your profit will come in the first few weeks that it is open in theaters, in the first few weeks it is on pay per view, in the first few weeks it is available for rental, etc. Very very little comes from the movie years down the road.

      Given that trying to support your family with copyrights is like buying lottery tickets instead of putting money into a 401(k), with similarly bad odds, we ought to discourage it really. Copyrights simply do not work the way you seem to think they do. If you really are concerned with supporting artists' families, then you need to look at what actually will do that. As it turns out, safe investments, life insurance, social welfare programs, etc. are what actually works, and better yet, anyone can use those strategies, instead of just artists. Copyright is stupid as far as the widows and orphans argument goes. The only times it ever works are for the copyright equivalent of lottery winners -- people who make that one in a billion work that has lasting significant economic value derived from the copyright -- and those people already had a lot of money that they should have invested wisely to begin with. To give them even more copyright is like giving spendthrift lottery winners extra money at public expense. Sure, they want it, but it's idiotic to give it to them.

      --
      -- 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.
    16. Re:Suggestion: Until Death of Creator by Martin+Blank · · Score: 1

      Anything else is off the table? So if it were an option of decreasing from the current insanity to fifty years, you'd rather keep the laws in place now?

      --
      You can never go home again... but I guess you can shop there.
    17. Re:Suggestion: Until Death of Creator by joto · · Score: 1

      Uhmm, no.

      And in the case of Cliff Richard or the members of Jethro Tull, I'm quite sure the children get to inherit something anyway.

    18. Re:Suggestion: Until Death of Creator by tverbeek · · Score: 4, Interesting

      Regardless, why do the adult children (and especially grand-children) of a musician, author, etc deserve to get money for work they had no part in creating? Let them create their own income-producing works, or earn a living some other way. My parents have told me that I shouldn't count on any special inheritance from them (they expect to spend most of what they've saved), and I'm perfectly content with that because I've done nothing to earn that money.

      Providing for one's minor children and/or dependent spouse is a noble and admirable goal, which should be supported by keeping copyrights valid for some term after the creator's death if he has dependents... but not a term so long that every person who even knew the creator is dead before it expires.

      Personally, since I have no dependents, I've decided to draft a will that specifies that upon my death, all intellectual property I own will be bequeathed to the public domain.

      --
      http://alternatives.rzero.com/
    19. Re:Suggestion: Until Death of Creator by Gemini_25_RB · · Score: 1

      What about Tupac then? He's still releasing music, and he's dead... at least I think he is... maybe...

    20. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 2, Insightful

      I'm not sure your analogy works very well, since dead garbagemen don't clear up much rubbish, but dead musicians do sell a lot of records.

      Err, a musicians job is to MAKE records, not to SELL them, so I think it's a pretty good analogy.

    21. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      Fifty? How about 10? Better yet, five with a five year extension. Anything more than that is off the table for me. And while we're at it, make it a commercial copyright.So five to ten years from now various versions of today's Linux enter the public domain and Microsoft is free to take them closed source and commercialize them? Sounds good to me.

    22. Re:Suggestion: Until Death of Creator by Duhavid · · Score: 1

      Dead musicians sell no records, they just decompose.

      Their works continue to sell, and it is an interesting question
      of if their families benefit from those sales, I dont know one
      way or another.

      --
      emt 377 emt 4
    23. Re:Suggestion: Until Death of Creator by Cheapy · · Score: 1

      Reproduction took longer than 9 months back in then? Wow!

      --
      Would you kindly mod me +1 insightful?
    24. Re:Suggestion: Until Death of Creator by wes33 · · Score: 1

      I'll go along with 10 years - but the renewal should cost real money (not a huge sum, but enough to make it a real choice).

    25. Re:Suggestion: Until Death of Creator by alshithead · · Score: 1

      "I think the way to solve both problems (creators keeping copyright and it not being abused for too long) is to make it last 50 years OR until the death of the creator of the work. "

      I'll mostly agree. 50 years is fine. What about the spouse or other family of someone who has created a copyrighted work? I certainly would like my wife to be able to benefit from my works if I die. If I had kids I would certainly like my work to be inheritable to a certain extent...so they could maybe go to college or start a business. What about a charitable trust I set up for proceeds of my works? Just because I die shouldn't mean my works immediately go to public domain.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    26. Re:Suggestion: Until Death of Creator by zcat_NZ · · Score: 2, Insightful

      Sounds perfectly acceptable to me. If Microsoft really thinks they can do anything useful based on linux-1.1.14 (or whatever version was available 10 to 14 years ago) I say good luck to them!!

      --
      455fe10422ca29c4933f95052b792ab2
    27. Re:Suggestion: Until Death of Creator by Loconut1389 · · Score: 1

      So, what then if you invent the amazing Widget which becomes a staple of the American household. Your WidgetCo business is booming and you pass away. Should your children not inherit the business? The music is the business and is almost a living entity in and of itself, since times change and unpopular music becomes popular and vice versa. The music continues to do work- and if you're smart enough to create a great song or a great widget, then you should be able to rest easy knowing your family is taken care of forever. They -should- keep working and doing things for themselves, but if your work can support them forever, then great. Just because you and I will probably never make a million or 10 doesn't mean I can't support the creativity of someone else?

    28. Re:Suggestion: Until Death of Creator by anthony_dipierro · · Score: 2, Insightful
      I know that was tongue-in-cheek, but it's worth noting. You can always make the same arguement at any time, so it leads to totally unlimited copyright. What about the grand-children benefiting from the creations and hard work of their grand-parents?

      The thing is, if copyright is for the life of the author and that's it, then where is the incentive for people who don't have many years left to create copyrighted work?

      If the purpose of copyright law is not to provide equity but rather to create an incentive for people to produce new works, then why should the length of the copyright have anything to do with the length of the life of the author?

    29. Re:Suggestion: Until Death of Creator by LunarCrisis · · Score: 1
      So five to ten years from now various versions of today's Linux enter the public domain and Microsoft is free to take them closed source and commercialize them? Sounds good to me.
      Yes, but by then the linux will be 5-10 years out of date. All the newer improvements will still be in copyright.
      --
      Mr. Period: Nine is the one that's right by ten!
      Nine: One day I will kill him. Then, I will be Ten.
    30. Re:Suggestion: Until Death of Creator by Garse+Janacek · · Score: 1

      They don't get paid after death unless they invested their money. Neither should artists.

      The difference is that the creation of an artistic work is a more long-term investment: you pick up garbage, you get paid for it, but if you create an artistic work there is no money to be seen until you have invested a huge amount in producing a complete work, banking on the hope that people will like it enough when you're done to support you while you work on the next one(s). There is no reason this investment should be arbitrarily denied to an heir any more than any other asset.

      Of course, copyright terms are far too long, and I don't understand why they should be for the life of an artist plus whatever. My argument above is to support fixed-term copyrights that do not end with death, but death plus 50, 90, whatever ridiculous number of years is stupid.

      On the other hand, I disagree with your 3 year suggestion since it threatens to defeat the purpose of copyright, which should be motivating/rewarding the production of creative works: if everyone knew that all music, say, would be free in three years, people wouldn't buy it (well, I wouldn't anyway, I don't know about you guys). 12 years maybe they would, though I think that's still on the low side, I'd tend more towards the 20-30 year range, but at this point any reduction or even prevention of another increase is good news. The current situation benefits artists and consumers (i.e. the intended beneficiaries of copyright law) not in the slightest, while hugely benefiting enormous corporations. That's just messed up.

      --

      I am the man with no sig!

    31. Re:Suggestion: Until Death of Creator by Xtravar · · Score: 1

      Actually, in the United States, the widow/children will receive the social security that was entitled to the deceased bread-winner. Although, that's not a whole lot, they kinda are paid after death.

      --
      Buckle your ROFL belt, we're in for some LOLs.
    32. Re:Suggestion: Until Death of Creator by Frogbert · · Score: 1
      So do dead mechanics, dead teachers, dead garbagemen, etc. They don't get paid after death unless they invested their money. Neither should artists.


      Yes they do. My shares go to my wife if I die. I don't know about you.
    33. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      Copyright as it applied to arty media is a criminal extortionist pile of crap concept anyways.

      If a builder applied his intellectual capacity to build you a set of stairs, do you owe him royalties every time you ascend or decend those stairs? Do you pay your auto mechanic a license fee every time you put your car into gear? You are absolutely benefitting from the IP of another, there is no inherent explanation why this music, film and literary industry should have a monopoly on that sort of thing.

      Unless you find the idea of getting paid a million times for doing a job just once offensive. It may seem great if your 'vaulable intellectual property' is the one raking you in the cash, but you depend on countless thousands of other people who are just as entitled to demand your cash as well.

      And color me surprised, the crooked fucking industry pretends that 'we the people' actually want this institutionalised serfdom, clearly we need to be enslaved for our own good!

    34. Re:Suggestion: Until Death of Creator by CastrTroy · · Score: 2, Interesting

      If copyright lasts for so long, then where is the incentive for the author to actually create more works? If you can write a single book/song/whatever, and live off the royalties for the next 95 years, then where is your incentive to create more works? Copyright shouldn't give someone the ability to live their entire life off of something they created when they were 20. They should have to continue to work and produce new works if they want to make a living. Copyright should last 5-10 years from initial publication, after that, write a new song, or get a job doing something else.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    35. Re:Suggestion: Until Death of Creator by cammoblammo · · Score: 2, Interesting

      Providing for one's minor children and/or dependent spouse is a noble and admirable goal, which should be supported by keeping copyrights valid for some term after the creator's death if he has dependents... but not a term so long that every person who even knew the creator is dead before it expires.

      I agree with this completely. I knew someone who took a year off work in order to research and write a book. He had enough put away to care for his family for the year, and his job was left open for him if the book didn't take off. He finished a draft of the book and sent a copy to a publishing company for comment... then had a heart attack and died. It turned out that that draft was the only copy in existence. The electronic copy sat on a nicely encrypted hard drive in his laptop.

      If copyright expired at death his family would have been left with a little bit of life insurance and potentially nothing else. The publisher would have had a great deal --- an edited version of the draft for publication would probably count as a derivative work and thus they would own the copyright on the book, with no need to pay the author.

      As it happened, the publishing company were great. They published the book and promised the author's widow a double royalty cheque for the first five years after publication.

      --

      Cogito, ergo sig.

    36. Re:Suggestion: Until Death of Creator by kimvette · · Score: 2, Insightful
      E.g. if you have a movie, most of your profit will come in the first few weeks that it is open in theaters, in the first few weeks it is on pay per view, in the first few weeks it is available for rental, etc. Very very little comes from the movie years down the road.


      The Wizard of Oz probably makes the copyright holders more NOW than it did in the 1930s.
      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    37. Re:Suggestion: Until Death of Creator by tverbeek · · Score: 3, Insightful

      Since you ask, I'm not particularly fond of the way children and grandchildren tend to inherit companies they had no part in building, either. I've seen several examples first-hand where the heirs either screwed it up or abused the fortune for personal gain; they didn't deserve it. Business inheritance serves to create a hereditary aristocracy that gives economic advantages and power to people based on who their parents were. Level playing fields and equal opportunity be damned. But I'm not actually radical enough to advocate the abolition of inheritance, so I won't press that point.

      I don't believe that intellectual property should be as sacrosanct as real property. I think the framers of the U.S. Constitution (who definitely believed in real property and inheritance thereof) got it right: copyright exists for reasons that serve the public good, not for the private good.

      --
      http://alternatives.rzero.com/
    38. Re:Suggestion: Until Death of Creator by Hotawa+Hawk-eye · · Score: 1

      You're right. Someone should think of the children. I nominate the child's mother, father, and family rather than the state. If an artist, writer, or other type of content creator wants to make sure their child can benefit from their work, they should negotiate the contract with their publisher to include terms to that effect, or they should invest a portion of their earnings for that purpose, just like the rest of us.

    39. Re:Suggestion: Until Death of Creator by deathy_epl+ccs · · Score: 2, Insightful
      Probably not a good idea to put a price on the head of an author when you consider that the music industry is already into mafia-like tactics like payola...

      Your logic is flawed. If the copyright vanishes if their artist dies, as the parent suggests, then it would be in the music industry's best interest to keep him alive for as long as possible.

      I suspect that if this were to become the case, the music industry would become heavily invested in various life extension technologies.

    40. Re:Suggestion: Until Death of Creator by KronicD · · Score: 1

      Yes they do. My shares go to my wife if I die. I don't know about you.I think that counts as investing your money.

      --
      "Those who would give up Essential Liberty, to purchase a little Temporary Safety, deserve neither Liberty nor Safety"
    41. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 1, Interesting
      So let the period of payment of royalties be a license matter between the artist and the label. Starving artists may negotiate for 2 years of royalties, people with major hits under their belt may negotiate for a lot longer. That removes any financial incentive for the label to murder the artist.

      It would be tricky to get the balance right, but this could be extended into also affecting when the work goes into the public domain. What you'd want to do is give the labels two competing priorities: one, they would like to pay royalties to the artist for as short a time as possible, and two, they want copyright protection on the work for as long as possible. If the royalty were to increase over time (up to say 100%) then the labels would be forced at some stage to declare the work uneconomic to market - and at that point, it would go into the public domain.

    42. Re:Suggestion: Until Death of Creator by muszek · · Score: 2, Funny

      I can imagine the headlines: "Sir Cliff murdered by a IP-hungry swarm of torrent users".

    43. Re:Suggestion: Until Death of Creator by Schraegstrichpunkt · · Score: 1

      No kidding.

      Copyright should have a fixed term. None of this "death of author" crap.

    44. Re:Suggestion: Until Death of Creator by TrisexualPuppy · · Score: 1, Informative

      Music copyrights are a cruddy mess at best. Take, for example, a copyright on a song. Also, there will be one for the recording of the song ("mechanical copyright"). There will be a performance copyright as well. (Sheesh!)

      IIRC, Cliff Richard's early work will be *only* coming out of mechanical copyright (recall, for the recording of the song). This means that a music dealer would have to pay for the rights of the songs; however, he would not have to pay for the recordings themselves. It would be the exact same if they made cover versions of the songs.

      Our copyright law has was not backdated the last time that it was extended, so works recorded before the life + 70 tariff do not get an extension. This was actually something that the Motion Picture industry actually lobbied strongly for, as there were quite a lot of films in production that were based on "just out of copyright" works that could have gone right back into copyright. This was actually the case with Sherlock Holmes when the previous extension was backdated.

    45. Re:Suggestion: Until Death of Creator by zotz · · Score: 1

      "The difference is that the creation of an artistic work is a more long-term investment: you pick up garbage, you get paid for it, but if you create an artistic work there is no money to be seen until you have invested a huge amount in producing a complete work"

      This is not some natural law you know. You can actually think outside the box and get paid before you create an artistic work. Trust me on this one.

      Oh, and I invite everyone's comments on the first comment at this link:

      http://www.digitalproductions.co.uk/index.php?id=4 3#comment

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    46. Re:Suggestion: Until Death of Creator by WCLPeter · · Score: 1

      Actually, I would like to see 25 years for most works (I'll get to this later), period.

      Why would I say this? A lot of our ideas and inspiration come from the works that we watched, read and listened to as children. Having a 25 year limit on copyright would allow those reaching adulthood the opportunity to draw upon those works. Wouldn't you have had your novel, film, album project ready to shop around the second the copyright expired?

      I know for myself, I would have.

      I have ideas I think people would be interested in seeing or reading yet the current copyright term length guarantees no one will ever see or read them. My creations are inspired and draw heavily on what came before; under the current system I have no incentive to create. Assuming no further extensions are forthcoming, it is likley I will be dead or close to it before I'd be permitted to draw from the works of my childhood (born 1973).

      So much for progressing the arts.

      25 years makes a lot of sense to me. It's long enough to give copyright holders leverage in how their works are used, yet short enough that users of the works can look forward to expanding on them and creating their own.

      The only thing that should have a shorter limit is news items and for those I think 5 years would suffice. Long enough for the particular newspaper or television station to make some money and give them their "exclusive", yet short enough for historians to get easy access to the works.

    47. Re:Suggestion: Until Death of Creator by Woldry · · Score: 1

      What about granting something like a two-year time window for heirs (named in the will if there is one -- which would cover the trust you suggest, legal family if no will is extant) to extend the copyright one time for, say, a 20-year period beyond the 50-year limit? If they don't apply to extend, then it falls into the public domain. If the 50-year limit ran out during the artist's lifetime, then the option isn't there. If the artist dies more than 70 years after the original copyright, then the option isn't there, either -- though the copyright would still be valid as long as the artist lived, even if the 70 years had passed.

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    48. Re:Suggestion: Until Death of Creator by alshithead · · Score: 1

      I'm all for that. Two year option to extend copyright for heirs and/or trust should be sufficient. I just wouldn't want legitimate interests to be screwed.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    49. Re:Suggestion: Until Death of Creator by sams67 · · Score: 4, Insightful

      "You can make a record in 1955 and have been getting royalties... been living on that and suddenly they're gone." Maybe you could get of you're arse and do some work then? Just a suggestion ...

    50. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 2, Interesting

      Ask authors just -how- much they make past the first six months of paperback publication. Outside someone like Rowling or Claney (and not even Claney!) Eric Flint of Baen books will tell you... "ZIP."

      That's the incentive. They work or starve.

      Andrew

    51. Re:Suggestion: Until Death of Creator by mysidia · · Score: 1

      By the same token, with the expiration of the copyright of Windows '95, Internet Explorer, Office '95, etc. The Linux developers would be free under those circumstances to take the software, along with filed source code, and make them all free Linux packages.

      Considering the vast number of computers still running Windows '95, that could be a boon to Linux popularity.

    52. Re:Suggestion: Until Death of Creator by yolto · · Score: 2, Interesting

      Mod parent up.

      The purpose of copyright is to encourage people to create works that can eventually enter the public domain, not allow copyright holders to horde their work and suck every penny they can from them. I was looking through iTunes today and saw Dumbo available for download for $14.99. Dumbo was made in 1941.

      $14.99??? That's the price of a new release DVD at Best Buy, and this way I don't even get a physical object! Its just 800MB of (really old) data. This could be given away for free or a nominal charge (couple of dollars) for the encoding and download service. Disney has long since made up their investment and millions from this movie.

      If they had their way they'd still be selling it and making pure profit from in 50 years.

    53. Re:Suggestion: Until Death of Creator by observer7 · · Score: 0, Funny

      as one said before "fuck the kids " mine are not getting anything from me they have to earn it . there i thought of the kids

    54. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      If you want your kids to have something when you die, buy life insurance like everybody else. They didn't do shit to get you your copyright, why should the public cover for them?

    55. Re:Suggestion: Until Death of Creator by Merls+the+Sneaky · · Score: 1

      Agreed, but how do you judge an appropriate lengh for a copyright?

    56. Re:Suggestion: Until Death of Creator by drsmithy · · Score: 2, Insightful

      The problem then is that this could lead to contract killings.

      Fortunately, murder is already illegal.

      (I really don't get how anyone can consider that an argument. Seriously, how many people do you think are out there prepared to commit murder, but *not* prepared to break copyright law ?)

    57. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0, Funny

      yes, they inherit the burden of everyone knowing their fathers were greedy ol' asswipes.

    58. Re:Suggestion: Until Death of Creator by paedobear · · Score: 1, Informative

      Cliff Richard has no kids. Thankfully.

    59. Re:Suggestion: Until Death of Creator by sillybilly · · Score: 1

      That reminds me of the grandma who died, but the people living in the house put her staring out at the window making her look alive so the next pension check would still come and they could cash it, and only then announce her death and lie about the actual date. How many authors would be kept on life support?

    60. Re:Suggestion: Until Death of Creator by grolaw · · Score: 1

      A builder has no copyright - but the designer/engineer/architect who created that set of stairs has a copyright under US Copyright law.

    61. Re:Suggestion: Until Death of Creator by The+One+and+Only · · Score: 1

      I can't find anyone, let alone a popular author, named "Claney". Did you mean "Clancy", author of numerous spy novels and fantasizing-about-world-war-III novels?

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    62. Re:Suggestion: Until Death of Creator by M1FCJ · · Score: 1

      I wouldn't use 1.1.x, that's the experimental branch. Stick to 1.0.x or 1.2.x if you want to be safe... I don't belive either kernel trees are actively maintained but I miss them because of their lightness and speed. You would need to recompile every time you need a new driver (no modules) but otherwise it'd be quite fast, especially on older machines. There are lots of one-floppy Linux distributions still using 1.x.y kernels since it fits into a floppy AND you have space left to run something else.

    63. Re:Suggestion: Until Death of Creator by stunt_penguin · · Score: 1

      Unfortunately in Cliff Richard's case, he appears to have died a long time ago.

      --
      When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
    64. Re:Suggestion: Until Death of Creator by Maxo-Texas · · Score: 1

      And when the artist can live 100 years?

      And when the artist can live 200 years?

      Exactly how long does an artist get to be paid for the same work while the rest of the planet is paid at the end of a week for a week's work and that's it. Why do they rate such special priveleges?

      The *REASON* we gave it to them is to encourage creative works. I wasn't aware of any massive shortage of creative works under the old law. If anything, the price is dropping on DVD works so steeply that you wonder why they are fighting so hard to protect them. Why on earth would I tie up my band width for a month to download a DVD, spend the time burning it, spend the money on a DVD, when I could buy it for ($5.99) as i can many titles this week at Fry's.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    65. Re:Suggestion: Until Death of Creator by Maxo-Texas · · Score: 4, Insightful

      No because by that time, the patent expired (MUCH faster than copyright) and there are 37 other companies producing widgets.

      Why is music so much more special than any other creative work?

      Copyright law does not exist to enrich artists. It exists to *encourage* them to create works. Are we experiencing a wave of artists refusing to create works because copyright law isn't strong enough? Are we not in fact experiencing a huge GLUT of entertainment which is only going to become larger over time?

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    66. Re:Suggestion: Until Death of Creator by truedfx · · Score: 1
      (I really don't get how anyone can consider that an argument. Seriously, how many people do you think are out there prepared to commit murder, but *not* prepared to break copyright law ?)
      Let's say I write and perform a song, but using someone else's lyrics. If I commercially distribute my song, proving copyright violations is trivial, and I'm sure to go to pay up or go to jail. If I have the copyright holder to the lyrics murdered, I may be able to make it very hard to prove, and I don't don't have to pay, don't go to jail, and make large piles of money. If I have no moral problems with either, which do you think I would choose?
    67. Re:Suggestion: Until Death of Creator by rucs_hack · · Score: 2, Insightful

      55 years of copyright would seem adequate time to make money for a song.

      Anyway, he still has the right to publish the songs, just not the unique right, this does not mean an end to money for an old song.

    68. Re:Suggestion: Until Death of Creator by brown-eyed+slug · · Score: 2, Interesting
      "You can make a record in 1955 and have been getting royalties... been living on that and suddenly they're gone." Maybe you could get of you're arse and do some work then? Just a suggestion ...

      Exactly what went through my mind as I was reading that line. There are those of us who have to work nine to five in an office for 50 years and still struggle to live off the 'royalties' from that effort.

      However I think this 'living on that' comment is a bit of a red herring. There may be a few artists who are in that position. For the most part though, anyone who wrote/recorded something successful enough to still be earning a living off the royalties 50 years later is likely to have amassed enough wealth not to worry about the financial implications - remember what they're getting now is a tiny fraction of what they would have been receiving back then in real terms. And most likely they've had other hit records, toured, etc. Sir Cliff Richard is a prime example of this.

      I don't think it's really about the money (for the artist at least). It's about control of the product. I think the artist would be more concerned about what people can do to their music when it's out of copyright, and how that might taint their 'legacy'.

      As for the record companies, maybe that's a slightly different story...

    69. Re:Suggestion: Until Death of Creator by Don_dumb · · Score: 4, Funny

      various life extension technologies. Method 1 - denial -
      "He's not dead he's just sleeping!"

      --
      If this were really happening, what would you think?
    70. Re:Suggestion: Until Death of Creator by famebait · · Score: 2, Insightful

      If the copyright vanishes if their artist dies, as the parent suggests, then it would be in the music industry's best interest to keep him alive for as long as possible.

      Only for the one company that owns the rights. To all the others, the death of a well-selling artist would be a tempting opportunity.

      --
      sudo ergo sum
    71. Re:Suggestion: Until Death of Creator by hopopee · · Score: 2, Interesting

      You are missing the point. People created stuff before the copyright and they'll do so after it too. I'm guessing almost all the art created by people who only want to be rich is crap that doesn't give anything to anyone and we as a society would possibly be better off it.

      I don't really get all this greed. Yeah, you should be paid for your job and creations one way or another. Again and again from a song released 50 years ago? Or your granddad's creations? That's just insane. It's not like you are being ripped off. If you haven't made anything else worth money in the last 50 fucking years you should have gone to school somewhere along the road. It's not like this came onto them all of the sudden.

    72. Re:Suggestion: Until Death of Creator by 246o1 · · Score: 1

      If someone wants to take care of their children, they should give them gifts while alive and take out life insurance policies.

      Inherited fortunes are tantamount to aristocracy and destroy democracy.

      --
      Although the moon is smaller than the earth, it is farther away.
    73. Re:Suggestion: Until Death of Creator by CmdrGravy · · Score: 1

      Poor old them, how long do you think I will continue to get paid once I stop working ? Thats right, ZIP ! It's either keep working or starve. Poor me ! Poor, poor me !

    74. Re:Suggestion: Until Death of Creator by Duds · · Score: 1

      The business? Yes.

      The monopoly? Hell no.

    75. Re:Suggestion: Until Death of Creator by Duds · · Score: 1

      You just wrecked your own arguement. If they're not making much anyway it might as well be allowed to go out of copyright.

    76. Re:Suggestion: Until Death of Creator by ObsessiveMathsFreak · · Score: 1
      Seriously, how many people do you think are out there prepared to commit murder, but *not* prepared to break copyright law ?
      Dude. There's a lot of record execs out there.
      --
      May the Maths Be with you!
    77. Re:Suggestion: Until Death of Creator by foobsr · · Score: 1

      Ooohhh! Ooohhh! I want my highly evolved descendants living in the Omega Centauri region a million years ...

      Slightly OT, but it will fit your mindset :)

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    78. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      Let's say I write and perform a song, but using someone else's lyrics. If I commercially distribute my song, proving copyright violations is trivial, and I'm sure to go to pay up or go to jail. If I have the copyright holder to the lyrics murdered, I may be able to make it very hard to prove, and I don't don't have to pay, don't go to jail, and make large piles of money. If I have no moral problems with either, which do you think I would choose?

      If you were really, incredibly stupid, you might choose murder. However, you would be making a very risky assumption -- namely, that nobody would think to ask the old "cui bono?" question and start wondering whether you might just have had something to do with the killing. At which point, even if you didn't face a criminal trial and possible jail or execution for murder, the family of the deceased could sue you in civil court, where the burden of proof is much lower, and take every penny you made from the song.

      Worth the risk? Hardly. Easier and safer to write your own lyrics, or pay some starving artist a pittance to do so for you. Getting away with murder is hard, especially when you make yourself into such an obvious suspect.

    79. Re:Suggestion: Until Death of Creator by Haeleth · · Score: 2, Insightful

      If a builder applied his intellectual capacity to build you a set of stairs, do you owe him royalties every time you ascend or decend those stairs?

      No, you don't. Nor do you owe an author a royalty every time you read a book.

      Do you pay your auto mechanic a license fee every time you put your car into gear?

      No, you don't. Nor do you pay musicians royalties every time you listen to a CD in your car.

      Any more bad analogies where those came from?

    80. Re:Suggestion: Until Death of Creator by joto · · Score: 2, Insightful

      I seriously doubt that. (But it might be true in a legal sense)

    81. Re:Suggestion: Until Death of Creator by MooUK · · Score: 1

      If they've made enough to live off royalties then they should have also made enough to plan ahead with a pension and so forth. If not, that's their own stupid fault.

      Nothing is stopping them writing new music. I think even fifty years is forty too long.

    82. Re:Suggestion: Until Death of Creator by Haeleth · · Score: 2, Insightful
      The difference is that the creation of an artistic work is a more long-term investment: you pick up garbage, you get paid for it, but if you create an artistic work there is no money to be seen until you have invested a huge amount in producing a complete work, banking on the hope that people will like it enough when you're done to support you while you work on the next one(s).
      You seem to have a very distorted, rosy-eyed view of what art and copyright are about. I hold a number of copyrights for works I like to think of as artistic. In every case I knew in advance roughly how much money I would see and exactly when it would arrive; I invested relatively little in producing the complete works, and there was no element of chance involved because my clients were contractually obliged to pay me whether they liked the work or not. And for every starving artist slaving away in a garret on his Incredible Masterpiece, there are thousands upon thousands of hacks like me working to commission on small-scale projects. Projects where the work is so specific that our copyrights hardly benefit us because there's nobody but the client to sell to; projects where there are no royalties to be had. It hardly bothers me, for one. Why should I care? I do the work, I'm paid for it, just like anyone else.

      Nor does this cease to apply in the realm of high art. Shakespeare was just a scriptwriter getting paid to produce plays for one troupe of actors; his works were widely pirated, but that didn't seem to cause him to starve or stop creating. What about paintings? Well, I don't think Michaelangelo painted the Sistine Chapel on the off-chance that someone would like it enough to buy it and install it in their palace, and I doubt his descendants got paid much in the way of royalties for it.

      Sorry, I'm just not seeing any real connection between the creation of great works of art and the existence of posthumous copyright...
    83. Re:Suggestion: Until Death of Creator by bri2000 · · Score: 1
      The creators have no right to be cheated. Look at any text book and it will say the theoretical jusitification for copyright is that it gives artists an economic incentive to produce work and so enrich (slightly dubious in Cliff Richard's case I know, but that's the theory) society by their efforts. When these artists currently whinging about copyright expiration made the relevant recordings they knew they'd "only" get 50 years worth of royalties, yet they did it anyway.

      The proposed copyright extention was an attempt by the record industry to increase the value of their back catalogue by, essentially, transferring wealth from the general public to the record industry. I am heartened and, quite frankly, amazed that the Blair government has declined to go along with it. I hope this is the last we talk we hear in the UK of extending copyright. But with 7 years to go before the Beatles recordings start becoming public domain the record industry has got plenty of time to try again. They'll probably shift their lobbying efforts to Brussels now.

    84. Re:Suggestion: Until Death of Creator by MooUK · · Score: 1

      "No, you don't. Nor do you pay musicians royalties every time you listen to a CD in your car."

      Not for much longer, if the industry gets their way.

    85. Re:Suggestion: Until Death of Creator by mdwh2 · · Score: 1

      dead garbagemen don't clear up much rubbish, but dead musicians do sell a lot of records.

      That's circular logic: the records sell because of the copyright laws - the musician isn't doing anything physical. I might as well say "dead musicians don't make music, but dead garbagemen do sell a lot of clean bins", if we lived in some weird society where you had to continually pay to make use of cleaned bins.

    86. Re:Suggestion: Until Death of Creator by mdwh2 · · Score: 1

      How would they get the source?

    87. Re:Suggestion: Until Death of Creator by mdwh2 · · Score: 1

      I don't know if you misunderstood, but he said it would be a minimum of 50 years (which is overly generous in my opinion). Even if you died tomorrow, perhaps your kids could consider earning some money of their own after that, like everyone else has to? I don't know many "kids" who need help from their parents to go to college when they are 50...

    88. Re:Suggestion: Until Death of Creator by remmelt · · Score: 1
      The thing is, if copyright is for the life of the author and that's it, then where is the incentive for people who don't have many years left to create copyrighted work?
      Art made for money is usually not as interesting as art made out of fun, obsession, etc. If money is your muse, this will be clear in your art.

      If the purpose of copyright law is not to provide equity but rather to create an incentive for people to produce new works, then why should the length of the copyright have anything to do with the length of the life of the author?
      Because after the creator dies, no matter what incentive, he won't produce anything anymore.
    89. Re:Suggestion: Until Death of Creator by famebait · · Score: 1

      Well, there will often be a business dependent on the copyrighted materials. Sometimes a big organization with many rights and which we do not need to feel too sorry about. But in many other cases it will a small business, often founded by the author, but still with other employees depending on it. Sudden loss of major assets because of unexpected death of the author would not be a very nice, or deserved, experience for anyone involved. Better with a fixed, predictable copyright term so the business can know exactly when things expire, when they will need new to acquire content to survive, or when they should pack up shop in an orderly way.

      Now, whether the term should be 50 or 95 years, or something in between, I don't really have a strong opinion. But it sure as hell shouldn't last much longer than any author is likely to live. So barring radical changes in life expectancy and people creating protected works shortly after birth, 95years from origin might be a reasonable absolute maximum.

      --
      sudo ergo sum
    90. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      The copyright in question is not for writing music anyway. The 50 year limit is on the sound recording. The song writer still gets royalties after the 50 years is up. So its only a problem for people who don't write their own songs (e.g. Elvis Presley).

    91. Re:Suggestion: Until Death of Creator by ajs318 · · Score: 1

      I'd like to see two options available under a reformed copyright system:

      1. Non-exclusivity. Everyone is granted an implicit licence to reproduce, and to make derivative works, as long as they include proper attribution. Lasts for a term of 20 years, then the work enters the Public Domain. In the case of a computer program, a copy of the Source Code and Build Instructions must be placed in the National Archives (unless ordinarily distributed along with the program).

      2. Full exclusivity. Five years from the date the first royalty payment is received, or five years from the date of publication if no royalties are ever paid (face it: if something hasn't made you any money in five years, it's never going to, so quit tying up the legal system with your pettiness and vanity). Renewable for one year at a time. The first year's extension costs 10% of the sum total of all royalties received so far. Each successive year's extension costs twice as much as the previous year's extension (probably exceeding the total amount of royalties received in a few years -- that's the whole idea). In the case of a computer program, a copy of the Source Code and Build Instructions must be placed in the National Archives (unless ordinarily distributed along with the program).

      Also: all derivative works based upon a work in the Public Domain, should themselves automatically be in the Public Domain. (Alteration beyond recognition is not a derivative work, but a new work in its own right.)

      --
      Je fume. Tu fumes. Nous fûmes!
    92. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      Should we not think of the children that daily copy music to their friends and boo at copyright laws? Is being in jail actually good for the children?

    93. Re:Suggestion: Until Death of Creator by Robb · · Score: 1

      Anyway, he still has the right to publish the songs, just not the unique right, this does not mean an end to money for an old song.
      Ironically enough it might actually mean more money. If someone remixes or covers an old song and it gets popular that always helps sales of other works that are still under copyright. After that Elvis song was released a couple years ago it generated a nice surge in sales mostly among people too young to be familiar with Elvis's music.

    94. Re:Suggestion: Until Death of Creator by Saint+Fnordius · · Score: 1

      I think there's a flaw in your argument, in that it gives the copy publisher more leverage than if the copyright length was equal for all. The starvig artist who makes it big could find himself trapped in a long-term low-royalties publishing agreement, the big studios would use copyright like a club to keep smaller artists from getting popular, and so on. Remember that a high number of artists are remarkably unconcerned about the nitty-gritty of contracts or financial management, and thus are easy to swindle.

      I think a rule of copyright length without dependency on the artist's death is better, mainly because it makes collaboration works easier to manage. If Hammers and Rogerstein write a hit musical, but Hammer keels over, does Rogerstein suffer? What if Rogerstein disappears, do the copyright heirs of Hammer have to wait in limbo? What about a movie like Heavy Metal, which had a real nightmare of intertwined copyrights to sort out before it could be released to DVD?

      Copyright law was written to ensure that publshers could recoup the investment they sank into artists, but nowadays its main use is to stifle, not encourage. If anything, copyright needs to recognise that artists today the publishers less to disseminate their works, but because publishers offer more reliable income.

    95. Re:Suggestion: Until Death of Creator by ronanbear · · Score: 2, Insightful

      It's not about children and grandchildren having earnt the money it's about the hard working parents being free to decide what they want to do with their money.

      If I work hard I should be allowed do what I want with my money. If I want to give it to my children then that's my right. Money well spent as far as I'm concerned.

      Unlimited inheritance encourages rich children to put their money in the bank, take no financial risks and live off some of the interest.

      Sensible inheritance taxes can do a lot to reduce this behaviour and stop people from merely hoarding assets over generations.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    96. Re:Suggestion: Until Death of Creator by blackest_k · · Score: 3, Interesting

      "Are we experiencing a wave of artists refusing to create works because copyright law isn't strong enough?"

      wishful thinking,
      Sir Cliff manages to release something around this time, every year - unfortunately

    97. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      I thought that was how it worked in the UK already. For instance, I've been led to believe that Holst's "The Planets" is still in copyright.

    98. Re:Suggestion: Until Death of Creator by mysidia · · Score: 1

      I assume the source program that had to be submitted to the copyright office to obtain the copyright in the first place would be used.

    99. Re:Suggestion: Until Death of Creator by yiantsbro · · Score: 1

      Method 2 - Delay "He's only *mostly* dead!"

    100. Re:Suggestion: Until Death of Creator by hey! · · Score: 1
      Death of the creator of the work plus dependant children until they're 18 would seem fair.


      I think this qualifies more as "satisfying any reasonable person" rather than necessarily "fair". Suppose we have two authors who publish a blockbuster work at age 30, and that work remains popular for the next hundred years. Author A lives at ripe old age, and fathers several children after the age of 80 by his young wife. Author B is hit by a bus coming back from the first book signing. Is it fair to give A so much more than B?

      The statutory creation of any right, including a copyright, necessarily creates restrictions on the rights of others.

      What makes a limited copyright term fair are two things: (1) the public rights in most works may be limited, but as those works often wouldn't have existed otherwise, this is not a net harm; (b) any public need to use the work can be satisified by waiting for a short time.

      The unfairness of very long copyrights is easily demonstrable, by noting that authors of new works are nearly always dependent in some way on public domain materials. For example, the themes of Harry Potter draws heavily upon Thomas Hughe's 1857 novel Tom Brown's School Days. When Disney made its 1940 movie Pinnochio, it based it on an 1883 story whose seventeen year copyright had expired forty years earlier. Disney, on the other hand, has enjoyed copyright on its derivative work for nearly seventy years, and will enjoy a copryight term on its derivative work nearly six times as long as the one enjoyed by the original author.

      Is that fair?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    101. Re:Suggestion: Until Death of Creator by Godji · · Score: 1

      Unless it has enough DRM to make it unusable even after 50 years, of course.

    102. Re:Suggestion: Until Death of Creator by montyzooooma · · Score: 1

      Or, if copyright was for the life of the author, I could see a lot of co-authoring going on...

    103. Re:Suggestion: Until Death of Creator by dpilot · · Score: 1

      >If I work hard I should be allowed do what I want with my money. If I want to give it to my children
      >then that's my right. Money well spent as far as I'm concerned.

      Sorry, I have to disagree. There are already limits on what you can do with your money. For instance, you can't hire a hitman to take out the noisy neighbor across the street. Part of the impetus of founding the US was a reaction against the Royalty in Great Brittain. Allowing unlimited inheritance in all essence estabilishes financial oligarchy, Royalty by another name.

      --
      The living have better things to do than to continue hating the dead.
    104. Re:Suggestion: Until Death of Creator by tehcyder · · Score: 1
      Cliff Richard has no kids. Thankfully.
      It would be a fucking miracle if he did. Really.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    105. Re:Suggestion: Until Death of Creator by tehcyder · · Score: 1
      Any more bad analogies where those came from?
      Well, as this is Slashdot, I think I can safely say "yes" to that.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    106. Re:Suggestion: Until Death of Creator by xigxag · · Score: 1

      The *original* copyright was actually 21 years

      Read the whole thing. The statute specified 14 years plus a 14 year extension. 21 years was just grandfathered in for existing works.

      Even cooler is that there was only a three month statute of limitations for bringing actions for copyright violations.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    107. Re:Suggestion: Until Death of Creator by malavel · · Score: 2, Interesting

      They will probably lobby laws that will make it almost impossible to declare someone dead.

      - His head i missing you say. Well, we can probably wake him up by growing a new one or perhaps use his DNA to clone him. So he's not completely dead yet, according to the new law.

      --
      http://www.piratpartiet.se
    108. Re:Suggestion: Until Death of Creator by Qzukk · · Score: 1

      Also: all derivative works based upon a work in the Public Domain, should themselves automatically be in the Public Domain.

      Eh, I was with you up til there, I'd personally go with "can be registered under 'Non-exclusivity' copyright". The idea being that anyone else could make the same modifications to the public domain work (making "full exclusivity" a bad idea), but they would have to admit that the other person did so first.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    109. Re:Suggestion: Until Death of Creator by Richard+Steiner · · Score: 1

      According to the Berne convention, no such submission is required (a work is copyrighted the moment it is embodied in a tangible medium), but it's a good step to take if you want to defend your copyright in court. I don't think the complete source code has to be submitted, however.

      --
      Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
      The Theorem Theorem: If If, Then Then.
    110. Re:Suggestion: Until Death of Creator by Rhipf · · Score: 1
      "The *original* copyright was actually 21 years"

      Actually the original copyright was 0 years since there was no copyright law in place after the big bang. But I get your meaning.

    111. Re:Suggestion: Until Death of Creator by Loco+Moped · · Score: 1

      Method 1 - denial - "He's not dead he's just sleeping!"
      Or he's singer William Shatner. Sometimes it's hard to tell the difference.

    112. Re:Suggestion: Until Death of Creator by malavel · · Score: 1

      Not very tempting I suspect. Since everyone can sell the records, the profits wouldn't be very high.

      --
      http://www.piratpartiet.se
    113. Re:Suggestion: Until Death of Creator by ajs318 · · Score: 1

      The whole idea is that once something is in the Public Domain, it should be in the Public Domain for good. The Public Domain is for everyone's benefit, not a resource to be plundered by a profiteering minority. After all, you can't make derivative works of Copyrighted works without permission of the copyright holder, which may well be contingent upon attribution. If you want to copyright something in your name, you should either create it from scratch or modify something else beyond all recognition (to all intents and purposes, the same thing).

      --
      Je fume. Tu fumes. Nous fûmes!
    114. Re:Suggestion: Until Death of Creator by Politburo · · Score: 1

      For every Wizard of Oz or Gone With the Wind, there are thousands of works that make no money today.

      The plural of anecdote is not data.

    115. Re:Suggestion: Until Death of Creator by Anonymous+Brave+Guy · · Score: 1

      It seems most of our millenium prayers have yet to be answered...

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    116. Re:Suggestion: Until Death of Creator by calzones · · Score: 1

      "It's life, Jim, but not as we know it... ...(It's worse than that, he's dead Jim)"

      --
      Asking people to think is like asking them to buy you a new car
    117. Re:Suggestion: Until Death of Creator by Anonymous+Brave+Guy · · Score: 1

      Copyright isn't meant to be fair. It's meant to get the greatest benefit for the public at the least cost to the public. If 10 year copyright is just as much of an incentive to artists in terms of them actually creating works as 100 year copyright is, then the former is the only acceptable choice.

      But things are rarely so black and white. Just as we can debate whether a copyright duration of X or Y years is the appropriate thing to enshrine in law, so we can debate the "greatest benefit at least cost" motivation. After all, if a law isn't meant to be fair, why is it a good law and why should we keep it?

      As we often observe around these parts, just because that's what the law currently says, that doesn't mean it coincides with everyone's ethical perspective. For example, during a recent discussion I had with a work colleague, he expressed the opinion that copyright should last until at least the death of the artist involved. His reasoning was simply that since others had done nothing to contribute to the work, they should have no automatic right to benefit financially from it. Now, regardless of whether any of us agree with that particular view, as an ethical perspective, it's a perfectly valid and reasonable view to take.

      Taking a broader view, a very significant proportion of our society is an artist in some form or another. A law more biased towards artists (which is not the same as more biased towards businessess/middlemen/distributors/PR hotshots/parasites) would therefore benefit a significant proportion of our society, and one could make an argument that the voice of someone who is contributing works should be heard louder than the voice of someone who is a mere consumer.

      In other words, I don't think your blanket statement about one thing being the "only acceptable choice" is at all valid. It's only the only acceptable choice if we take as an axiom that the motivation for copyright law is to further the distribution of works at any price, and there are no other considerations, such as compensating artists.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    118. Re:Suggestion: Until Death of Creator by ronanbear · · Score: 1
      That example has nothing to do with money. If he (or she) is willing to do it for free then you still can't ask them.

      Allowing unlimited inheritance in all essence establishes financial oligarchy, Royalty by another name.

      Indeed. Inheritance tax is potentially one of the fairest and most progressive taxes possible. It puts more money into the economy than any other. It came surprisingly close to being abolished in the US IMHO.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    119. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      The problem here is that the company in question now affects more than just the inheritor. There's other people involved. Employees, customers, possibly shareholders. What if the company is the life force of a small town surrounding it? Simply handing it to someone who doesn't know what they're doing can devastate many lives.

      Currently, the law allows this, but I believe that there is a burden of responsibility that should also come with such a large windfall.

    120. Re:Suggestion: Until Death of Creator by lolocaust · · Score: 1

      No, you've got it wrong. Dead artists don't make any new works.

      --
      Why does my post history abruptly stop? I want to laugh at the stupid things I posted as a kid.
    121. Re:Suggestion: Until Death of Creator by duh+P3rf3ss3r · · Score: 1

      He's pining for the fjords!

      --
      Give a man a match: warm him for an instant. Douse him in petrol and set him aflame: warm him for the rest of his life.
    122. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      Elvis Presley recordings would NEVER enter the PD!

    123. Re:Suggestion: Until Death of Creator by fireman+sam · · Score: 1

      Star Trekkin' across the universe,
      On the Starship Enterprise under Captain Kirk.
      Star Trekkin' across the universe,
      Boldly going forward 'cuz we can't find reverse.

      (C) 1987 the firm.

      http://www.youtube.com/watch?v=4GA1zCH0tvc

      Ah, the 80's.

      --
      it is only after a long journey that you know the strength of the horse.
    124. Re:Suggestion: Until Death of Creator by /ASCII · · Score: 1

      Bull. Inheritance tax is not only a double taxation, it is also taxation on the misry of others. My girlfriends mother died a few years ago, and her family nearly had to sell their house because her father inherited the house, incurring a huge inheritance tax. If you think robbing the people who have just lost someone is fair, you are out of your mind.

      Also, the statement that it puts more money into the economy is bogus. It barely brings in any money at all.

      --
      Try out fish, the friendly interactive shell.
    125. Re:Suggestion: Until Death of Creator by cpt+kangarooski · · Score: 1

      so we can debate the "greatest benefit at least cost" motivation

      I think you'll have a much more difficult time with that. To argue against it, you basically have to say that the public has an obligation to support artists at the public expense, even when there's no public benefit from doing so. While that's pretty nice if you're an artist, it makes no sense at all for the public who will have to pay for it. And why should it be limited to artists? I'd like to be given free government money too. Social welfare programs exist to keep the poor from being absolutely destitute, and ideally to give them a helping hand so that they can better their circumstances. Are the RIAA or MPAA members in danger of dying on the street, homeless and penniless? What about superstars in their fields, like Stephen King, or Annie Leibovitz? After all, they are the ones that really benefit from copyrights. The vast majority of authors don't benefit all that much. This is because a copyright is only a right to exploit whatever economic value a work has; if a work has no economic value, the copyright is worthless too.

      After all, if a law isn't meant to be fair, why is it a good law and why should we keep it?

      In the case of copyright, it isn't meant to be fair, it is meant to be totally one-sided in serving the public interest. It is very much like a cable TV monopoly. A municipality does not give a cable company a monopoly in order to be fair. Instead, it gives out the monopoly based on whichever company will provide the best services to the people in the affected area for the least cost to those people. The municipality doesn't care about the cable tv company for its own sake, though it does care about it only to the minimum degree necessary in order to get the best deal for the town. (i.e. the cable provider won't work for free, so you have to offer it something, but you don't offer a penny more than you absolutely have to)

      Now, regardless of whether any of us agree with that particular view, as an ethical perspective, it's a perfectly valid and reasonable view to take.

      I disagree, actually. I don't think that ethics or morality has anything to do with copyright. It's chiefly an amoral, utilitarian field. If you're thinking about ethics together with copyright, you're probably thinking wrongly. Especially since, if there is any ethical component involved at all, it surely must be against the idea of copyright. Actually using creative works, spreading that knowledge freely to anyone who wants it, preserving it, and freely altering it, is ethically superior to trying to restrict it to only those who will pay. But as I said, copyright really isn't something that ethics is related to. It's utilitarian and nothing else.

      one could make an argument that the voice of someone who is contributing works should be heard louder than the voice of someone who is a mere consumer.

      No, because the government is the servant of all the people equally. If you are going to create a monopoly at the expense of the public, it had damn well better benefit the public more than any alternative (including not having the monopoly, or alternative monopolies) or else the government is not acting in a legitimate fashion at all.

      In other words, I don't think your blanket statement about one thing being the "only acceptable choice" is at all valid.

      Then I guess you don't think about copyright matters much. As for myself, it's not only my favorite subject, but my livelihood, both from when I was an artist, and now that I'm a copyright lawyer. I think about copyright all the time, and I can assure you, that blanket statement is right on target.

      t's only the only acceptable choice if we take as an axiom that the motivation for copyright law is to further the distribution of works at any price, and there are no other considerations, such as compensating artists.

      Copyright has never been about compensating artists, because if it was, it wouldn't be so terrible at it

      --
      -- 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.
    126. Re:Suggestion: Until Death of Creator by geek2k5 · · Score: 1

      Not all creative people work in a vacuum. In some cases, the children and/or spouse of a artist, musician or writer contribute to copyrightable works in ways that would be worth real money if the works were a business product. For that matter, there are many instances of creative people getting help and inspiration from outside the family. Copyrights, transfered in part to these people, allow them to share in the creative product they helped produce. This gets more complicated when a creative person dies young and their legacy is carried on through family members and friends. Without copyright protection, the investment these family members and friends have becomes worthless. Of course I wouldn't mind if the death of the person with the copyright started an expiration clock that would free the product. But do allow time for a graceful exit from the goldmine the copyright can create. In some instances, like the creation of the most recent Lord of the Rings movies, that lag can take decades.

    127. Re:Suggestion: Until Death of Creator by anthony_dipierro · · Score: 1
      Agreed, but how do you judge an appropriate lengh for a copyright?

      Keep shortening it until people stop making stuff, then extend it back a little?

    128. Re:Suggestion: Until Death of Creator by anthony_dipierro · · Score: 1
      You are missing the point. People created stuff before the copyright and they'll do so after it too.

      I'm not missing that point at all. All I'm saying is that the length of copyright shouldn't have anything to do with the life of the author. 0 years is an amount of time which isn't based on the life of the author.

    129. Re:Suggestion: Until Death of Creator by anthony_dipierro · · Score: 1
      The thing is, if copyright is for the life of the author and that's it, then where is the incentive for people who don't have many years left to create copyrighted work?
      Art made for money is usually not as interesting as art made out of fun, obsession, etc. If money is your muse, this will be clear in your art.

      OK, valid point. But then why bother having copyright at all?

      If the purpose of copyright law is not to provide equity but rather to create an incentive for people to produce new works, then why should the length of the copyright have anything to do with the length of the life of the author?
      Because after the creator dies, no matter what incentive, he won't produce anything anymore.

      I have to object to that line of reasoning. The point of copyright is to provide incentive *before* the work is created, by promising something in return in the future. To tell the person they can't direct the return to someone else if they die before receiving it doesn't make sense.

      Let's say you write a software program for me. To compensate you, I give you $10,000 and agree to pay you an additional $10,000 a year for 30 years. But say I want to put in a clause that if you die, I get to keep the software and don't have to pay the rest of the money to your heirs or to anyone else. After all, once you die, you won't be able to write any software programs for me. Does that agreement make sense?

    130. Re:Suggestion: Until Death of Creator by Anonymous+Brave+Guy · · Score: 1

      For a lawyer, I'm afraid you don't make very convincing logical arguments!

      For a start, you imply that copyright creates a public expense. This in itself is questionable. Certainly it creates no financial expense, since the public is under no obligation to pay for copyrighted works if they don't want them. Any expense must therefore be in terms of "lost art" that is protected by copyright, but as you yourself imply later in your post, it is likely that without copyright much of that art would never be created/distributed in the first place.

      You then effectively claim that copyright's only value is financial. That's an odd claim on a forum full of GPL supporters, to be sure. Perhaps I'm missing something, or the law in the US is particularly unusual here, but as far as I'm aware there's nothing inherent in copyright law that says you can only use it to make profit.

      I'm just going to gloss over the point about the law being fair. If you really take the view that the law is a blunt tool and fairness has nothing to do with it, we have so little common ground that it's not really worth pursuing this aspect any further.

      As for me not thinking about copyright matters much, I'll simply say that you couldn't be more wrong. Copyright affects me directly and regularly in both my job, my volunteer work, and more than one of my major hobbies. I have spent a vast amount of time (probably more than a lot of lawyers) researching the field, from a wider range of perspectives than most people will ever see. I'll spare you the tedious details, but suffice it to say that I have made extensive representations to everything from government IP reviews to the organisers of a non-profit group with thousands of members on the subject. So call me arrogant, but I think I have a fair claim to understand what copyright is and isn't good for, and where the current system works and doesn't from different points of view.

      Finally, you still don't seem to be able to understand that your personal view of copyright is not the only view, either ethically or indeed in law. As I noted before, in some countries, copyright is expressed in terms of artists' rights. This issue isn't nearly as clear-cut as you make out, and unless you're telling me the legal facts outside the US don't matter to this discussion, you are simply wrong to make the claims you do about things being indisputable. Random calculations with no mathematical basis do not change this.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    131. Re:Suggestion: Until Death of Creator by cpt+kangarooski · · Score: 1

      For a start, you imply that copyright creates a public expense. This in itself is questionable. Certainly it creates no financial expense, since the public is under no obligation to pay for copyrighted works if they don't want them. Any expense must therefore be in terms of "lost art" that is protected by copyright, but as you yourself imply later in your post, it is likely that without copyright much of that art would never be created/distributed in the first place.

      The cost of a copyright system to the public is a cost in freedom. Freedom of speech and of the press is an inherent human right. It encompasses not only the right to publish one's own works, but also to republish the works of others. For example, if I put on a performance of Romeo and Juliet, I exercise my freedom of speech in order to do so. Shakespeare did not give me a right to do that, and neither did the government. Nor do authors have a natural right to prevent others from engaging in free speech, which is what a copyright is, after all. But I am willing to temporarily limit my free speech, provided that it benefits me to do so. That is, I am willing to grant a copyright to authors when I benefit even after accounting for the burden it places on me.

      Not being able to enjoy my freedoms fully is a cost to me. Having to pay monopolistic prices in order to do what I could have done for free is a cost to me. And while, yes, some art might not be created if the incentive of copyright is not present, or not great enough, I am only interested in providing that incentive if having that art is worth more than being free without it. For example, if you wanted to incentivize trillion-dollar movies, the copyright might have to be so broad as to last forever and require payment whenever someone even mentioned the movie in question. That strikes me as a work that would cost more than it would be worth, and so a work that we will never incentivize the creation of. Since we're better off without it than with it, it's for the best.

      You then effectively claim that copyright's only value is financial. That's an odd claim on a forum full of GPL supporters, to be sure. Perhaps I'm missing something, or the law in the US is particularly unusual here, but as far as I'm aware there's nothing inherent in copyright law that says you can only use it to make profit.

      That's the only incentive it provides. There are many incentives which can get authors to create a work. If an author would become famous, that's an incentive, but copyright doesn't guarantee fame. Art for art's sake is another, but again, copyright doesn't help with that. The money an author can get for his services is an incentive, but copyright has nothing to do with that either; this incentive is just being paid for your time and effort, in the same way that one pays anyone to do a task. The money an author can get from specific copies is another incentive, but again, one that copyright is unrelated to; the Mona Lisa is worth a fortune (a specific copy), but a poster of the Mona Lisa is worth very little.

      There is money in making many copies of a work, in performing a work, etc. Copyright causes that money -- the mass market money -- to flow to the author, whether it's a lot or a little. For many artists, copyright is irrelevant, since they make their money selling actual paintings (rather than prints), or selling their time, etc. Many other artists also find it irrelevant if they create art primarily for reasons other than money.

      In fact, copyright can often prove to be a disincentive for artists if they are derivative artists. This is rather bad, actually, since there's no more artistic merit in original works than derivative ones merely on the basis of originality. Whether a work is good or not hinges on other factors.

      With the GPL, people who use the GPL are often not motivated by the idea that they'll be flush with cash, but they still have an economic motive in that they may be rich with derivative works which also have to be GPLed and are avail

      --
      -- 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.
    132. Re:Suggestion: Until Death of Creator by ronanbear · · Score: 1

      There are plenty of ways around that situation which can be enshrined in law. You can exempt the family home, farmland, etc. and/or only the value of estates above a certain threshold.

      The money raised through inheritance tax is significant and mostly due to a small number of wealthy owners. Assets passed from generation to generation are by definition the assets least likely to be in circulation in the economy. Think about it. The prudent course of action for anyone who doesn't want to just squander their inheritance would be to invest it wisely and not to spend it. This doesn't help the economy to have money sitting under the proverbial mattress. If you were trying to cut taxes to stimulate an economy there isn't actually a less effective way. If you're going to squander it then there's no real loss to have to pay some of it in taxes since you obviously don't care about leaving it for anyone.

      Money invested in a reasonable manner will still increase over generations even with inheritance tax.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    133. Re:Suggestion: Until Death of Creator by alshithead · · Score: 1

      I have life insurance. It will pay off the mortgage, pay our minimal outstanding debts, and leave a little more. Why shouldn't my works benefit them even more? How is the public covering for them? Because they don't have free rein to MY works? They are my works and I should be able to convey their benefits where I wish. I'm not asking for centuries worth of proceeds to go to my great, great, great fucking descendants. And...for all you know I've imposed a "root, hog, or die" clause where they have to do for themselves before they get ANY benefit from my works. I don't see your point at all.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    134. Re:Suggestion: Until Death of Creator by alshithead · · Score: 1

      I don't know where you are coming up with the age of 50 for my kids. It seems you're assuming I die of old age. I'm only 40 and certainly can procreate for many years in the future. That's a lot of time and private schools and good colleges aren't cheap by any means. My 19 year old bonus son (stepson) is not likely to be very financially successful due to mental and physical challenges but should I not help provide for his future kids' education? Some might say he shouldn't procreate due to his challenges but that's a moot point considering his bright and wonderful girlfriend is pregnant.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    135. Re:Suggestion: Until Death of Creator by Dabido · · Score: 1

      You're getting a little confused between the copyrights being discussed here.

      At present, if you are an author or a songwriter, the copyriht on the actual work [ie the book or song], last up to 50 years after your death. Which I think is fair (it at least provides something for artists families when they die early deaths, such as Buddy Holly who left a widow and baby behind). It's how it's been since about 1868 or something in UK & Australia [and I think most Commonwealth contries]. (I'm too lazy to go looking for my law book on copyright at present. I know the current Aussie laws are based on the British one from 1968, and I'm sure they're based on the old one from 100 years or so before that).

      The copyright in question, is the copyright on the actual recordings, which are only copyrighted for 50 years. This is usually owned by the record companies [or publishers in the case of books]. Sir Cliff didn't write any of his earlier songs as far as I know (and probably not many of his later ones). Whoever wrote the actual song is still (in theory) allowed to collect their one cent per song every time it gets played on the radio, or sold or copied (in theory) provided they didn't die fifty years earlier. Of the recordings of those songs however, those are going into public domain. That means the record companies won't be collecting anything on the recordings.

      There is a good reason for the difference in copyrights here. If Sir Cliff wanted to re-record Summer Holiday again, then the songwriters will collect royalties, and the NEW recording will have 50 years to make money for the record company again. The original recording will still go into public domain.

      Many of the Beetles early recordings are also due to go into public domain too. But remember, it's the recordings, NOT the actual copyright of the song. If you or I or anyone else wanted to record a Beetles song, we'd still have to pay royalties to the owner of the copyright of the song [which I think is Michael Jackson at present, unless he sold it since buying it]. Our recording however will remain in copyright until fifty years after we recorded it. The song and recording don't share the same copyright.

      This means you can record a song in public domain, [ie not a song which has a recording in public domain. The song itself has to be in public domain], and can make money off the recording without people copying it selling it. [If the copyright wasn't there on the recording, it means someone like Sony or EMI could take your recording, copy it and sell it over the top of what you were doing. And with their marketing machine, they'd probably make more money].

      What a 50 year copyright on the recording also means, is that if a company like EMI held the copyright on a recording, once it falls into public domain, then Virgin or Sony and all other record companies can now sell that recording, as well as anyone [like ourselves], provided we still pay the artist the royalty on the song. Just remember SONG COPYRIGHT != RECORDING COPYRIGHT.

      The Copyright on the song will last till 50 years after the creator/s has/have died.

      This is unlike the US which has much longer copyright laws. [I added this last sentence, as SOME Americans always get confused and start talking about Sonny Bono and the US Constitution AT me, which has no relevence to the subject of UK or Australian copyright laws].

      Hope that's informative.

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    136. Re:Suggestion: Until Death of Creator by remmelt · · Score: 1

      You bring up an interesting point. I have to agree that it sounds unreasonable to have a clause like that. The only difference I can find is that the software contract is a contract between you and me, and the copyright is a government-granted monopoly. When I write a song, I usually don't do that because we have a contract or business deal (although, regrettably, sometimes it is.) When I write software as part of a business deal, it's purely out of commercial interest. And here I go treading on thin ice... What are the songwriters incentives? Can they be compared to the purely commercial reasons of a business contract?

      To me, it's all very unclear how copyright should really work. It may be interesting to look at authorship instead of at copyright on produced work, but it's not apparent how that could result in any cash in hand, so to speak.

      In the end, it's just annoying to see descendents of creative people making money off of hoarding their ancestor's copyright. Remember the Goya (I think it was) Google logo, commemorating his birthday? It was shot down by the Goya estate. Copyright troll or reasonable business model?

    137. Re:Suggestion: Until Death of Creator by gfreeman · · Score: 1

      Who owns the copyright on the new Beatles album, "Love"? When does the copyright on that expire?

      --
      Ceci n'est pas un sig.
    138. Re:Suggestion: Until Death of Creator by mdwh2 · · Score: 1

      So maybe you should provide for your children's future by saving and investing your money, you know, like everyone else has to? I'm sorry to hear about your son, though that is not a copyright issue, that is something that anyone could have to deal with.

      Under the proposed idea, you are guaranteed a minimum of 50 years, or longer if you live longer, where as anyone else has the problem that they die, and their income is over. Other people have to cope with "private schools and good colleges aren't cheap by any means", and they have to manage providing for their future children and maybe grandchildren, so I don't see why it's so hard for copyright holders to do the same, especially with a system that gives them a 50 year guaranteed advantage.

    139. Re:Suggestion: Until Death of Creator by anthony_dipierro · · Score: 1
      In the end, it's just annoying to see descendents of creative people making money off of hoarding their ancestor's copyright.

      Yes, it is. Although this I see as more an issue with the excessive length of copyright, not that it extends beyond death. If copyright only lasted 10 years, for instance, while there would be occassional instances where ancestors hoard their inherited copyrights, it probably wouldn't be that bad. Is 10 years long enough to make a decent profit off your hard work? In almost all instances I'd think yes, it is.

      Remember the Goya (I think it was) Google logo, commemorating his birthday? It was shot down by the Goya estate. Copyright troll or reasonable business model?

      I vaguely remember an incident over a Google logo. And yeah, that's one of the problems with copyright - it can be used not only to request due compensation for a copyrighted work, but in practice the copyright holders can just about shut down use of the work altogether. Fair use law should come into play in instances like this, in theory, but in practice not everyone has the guts to roll the dice hoping they'll win.

    140. Re:Suggestion: Until Death of Creator by Anonymous Coward · · Score: 0

      The above is 100% bull fucking shit. Inheritance taxes don't rob people of the family home... unless maybe the family home is a million dollar mansion. Anyone who can reasonably be considered "middle class" is already exempt from them in the U.S.

    141. Re:Suggestion: Until Death of Creator by Artifakt · · Score: 1

      You're not argueing about passing on the business, you're argueing about passing on the business's patents forever. Nothing stops Paul McCartney right now from leaving his interest in Apple records to his heirs, and them to their's, and so on, forever, no matter how you change copyright law. Sir Paul gets to do all the things I can do. He can invest his money and make out a will leaving things to his kids (or to someone else). He can save when profits are high, and invest in other things besides his own creations if he chooses, and leave all that too.
            So what's this got to do with creativity? Are you telling me you have a job where you don't do anything creative at all? Are you claiming my job isn't creative at all, without knowing what I do? Yet all I get to use to provide for my kid is normal things such as insurance, savings, a will, investments, anuities, etc. I don't get a copyright on everything I create, I get a paycheck.

      --
      Who is John Cabal?
  2. Living off 1955... by mccalli · · Score: 5, Insightful

    From the article:
    'Music journalist Neil McCormack told BBC Radio Five Live it was a blow to the industry..."You can make a record in 1955 and have been getting royalties... been living on that and suddenly they're gone."'.

    Well yep - honestly if you haven't done anything else in 50 years it probably should be gone too. In a not especially long amount of time, some Beatles stuff will be coming out of copyright. Now I'm no Beatles expert, but it seems to me that absolutely all of them went on to do more work elsewhere and didn't just sit back living off their early work. I see that statement as a good thing, not as a 'blow to the industry'.

    Be interesting to compare and contrast with film - what's the UK limit on film copyrights?

    Cheers,
    Ian

    1. Re:Living off 1955... by RealGrouchy · · Score: 1

      You think these guys could plan their retirement at least 50 years in advance. It's not like copyright was 95 years and they suddenly reduced it to 50 years.

      Or at least, not outside of these musicians' heads!

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    2. Re:Living off 1955... by Secret+Agent+X23 · · Score: 2, Interesting
      Well yep - honestly if you haven't done anything else in 50 years it probably should be gone too.
      On the one hand, I have to agree with this. On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.

      On the third hand, when copyright expires, it doesn't mean the original creator loses all rights to sell the work. It just means he no longer has the exclusive right.

    3. Re:Living off 1955... by QuantumG · · Score: 4, Insightful

      I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.Yeah, and that's the problem with copyright law, people think it exists to "reward artists" or something.

      --
      How we know is more important than what we know.
    4. Re:Living off 1955... by lottameez · · Score: 1, Interesting

      Well, what about you? Let's say that you put your savings into a bank in 1955. Should "society" have free rights to that money after 50 years? After all, you should have still have been working, right?

      Trust me, I'm not fan of ridiculously long copyright periods, but saying that you have the right to take my property just because I was unwilling or unable to duplicate my previous success doesn't sound fair to me.

      --
      Yeah? Well I think you're overrated too.
    5. Re:Living off 1955... by mccalli · · Score: 2, Insightful

      ...Let's say that you put your savings into a bank in 1955. Should "society" have free rights to that money after 50 years? After all, you should have still have been working, right?

      It should not have free access, regardless of whether I'd been working or not. But I'm not suggesting taking artists' money, they too will have their money in the bank from the savings account they opened in 1955, and I am not suggesting anyone gains free access to it. The artists keep their money, of course they do. What they lose is an indefinite period of time for their income stream.

      Trust me, I'm not fan of ridiculously long copyright periods, but saying that you have the right to take my property just because I was unwilling or unable to duplicate my previous success doesn't sound fair to me.

      It's a fair point and one worth debating. The argument here is that I am not taking your property, and also that the law defined in advance what you could expect as a time-period for that kind of work and that you made those recordings anyway. The refutation of the extension is exactly that - refutation of an extension, not a rejection of the entire idea. It basically says "You knew at the time you were getting fifty years out of this, and you're not changing it now".

      Cheers,
      Ian

    6. Re:Living off 1955... by MindStalker · · Score: 1

      Thats so stupid you keep your money you just don't get to earn any additional interest. Either way the original agreement with the government was 50 years and they are sticking with that. Kinda like a 50 year bond that doesn't earn interest unless its reinvested after the 50 years is up.

    7. Re:Living off 1955... by lottameez · · Score: 1, Troll

      I used the idea of a savings account to put things in the starkest light, but it really could be any property I create. If I start and then leave a profitable company... do I have to give up my stock after 50 years? Why not? If I create sculptures that I charge people to see in my gallery, do I have to give them up after 50 years? If the answer is no, why should copyright be any different? It's a product of my hard work and skills just as these other things are.

      I don't know if I'm making this any clearer - I'm just uncomfortable with society appropriating my property when "it" feels I've had it long enough. Take it when I'm dead if you want, but as long as I'm alive, it should be mine.

      The refutation of the extension is exactly that - refutation of an extension, not a rejection of the entire idea.

      No argument with that, good point.

      --
      Yeah? Well I think you're overrated too.
    8. Re:Living off 1955... by ZorbaTHut · · Score: 1

      But he's got a financial reward for it - he's been selling a recording for fifty years.

      That's not a bad reward at all. Considering how valuable shelf space is in music stores, if a CD isn't selling much it's not going to be selling at all. Fifty years of sales should make quite a tidy amount of cash.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    9. Re:Living off 1955... by B.D.Mills · · Score: 1
      If someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.
      You are assuming that the artist actually owns the copyright to their works. That is not usually the case. More often, it's a corporation in the recording industry that owns the copyright, and the artist receives royalties from the corporation - after the corporation takes their cut. I believe that any extension of copyright should include clauses that stipulate that the copyright reverts to the artists, their heirs and successors after a period of time, say 30 years. This would reduce the greed of recording corporations and encourage the creation of new works.

      What we should also discuss are intellectual property laws that provide proper protection to the artists. Artists should not be assigning the copyrights to a record corporation unless the terms of such a transaction are just and reasonable - and all too often that is not the case. Maybe copyright should always belong to the creators of the work, not the corporations that distribute it, and all that corporations can buy are exclusive rights to reproduction and distribution. This would be functionally the same as the current situation of the corporations owning the copyright, except the artist has a far better bargaining position in case of disputes.
      --

      The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
    10. Re:Living off 1955... by Bogtha · · Score: 1

      On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.

      50 years-worth of royalties isn't enough of a financial reward?

      --
      Bogtha Bogtha Bogtha
    11. Re:Living off 1955... by elronxenu · · Score: 5, Insightful
      Much as I love Jethro Tull, I can't agree with Ian Anderson's position on this issue.

      Here's his webpage on the matter: Anderson Speaks Out on Recorded Copyright Law in the UK in which Ian considers that copyright on his recordings should be like owning a house - the owner can obtain revenue from the house indefinitely.

      I think "painting a house" is a better analogy. Performing/recording music is like painting a house, it requires a fixed amount of effort to complete. The painter doesn't receive ongoing royalties from people who enjoy looking at the house, nor does the owner of the house have to pay the painter every year for the previous paint job.

      In fact Ian goes on to say "I would have better protection as the bricks-and-mortar builder of my house than a builder of recorded music.". Well, the house builder doesn't receive ongoing royalties either.

      Ian complains that "This Was" will be out of copyright in 12 years. I note that "This Was" requires exactly zero ongoing effort from the band. The only effort required is in reproduction and distribution, for which the record label is, ahem, more than adequately compensated.

      Ian closes his argument by appealing to our compassion: "Why should we perhaps have to see these musicians struggle in old age without heat for their homes or the wherewithal to pay their nursing home bills while their American counterparts are taken care of for life by ongoing royalty income?". Of course being an appeal to emotion, it isn't a terribly rational argument. Why should old artists be treated any differently to old painters? We expect the painters to provide for their own old age by investments, superannuation or, failing that, the Government pension. Why should old artists be treated differently, that they should not care to provide for their future while they are still earning money from their performances or compositions?

    12. Re:Living off 1955... by mickwd · · Score: 1

      "On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it."

      What about the money from 50+ years of sales, suitably invested over a 50+year period ?

    13. Re:Living off 1955... by geekoid · · Score: 4, Insightful

      Copyright is government protection of a work, in exchange for the work becoming public domain.

      This is the deal, and some artists and all the corporation want to change the deal after enjoying many, many, years of government protection.

      That is why it is different then other property. They want indeffinate copyright? fine, but all litigation should be in a civil court, and all collection of evidence is left up to the corporation, no search warrents, nothing.

      Quit frankly, anything more the 15 years(based on typical earning for a work) is stealing from the public domain.

      Most copyrights (95%+) make nothing after 15 years, and keeping it away from the public longer for just a small minority it absurd.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    14. Re:Living off 1955... by SanityInAnarchy · · Score: 5, Insightful
      If I start and then leave a profitable company... do I have to give up my stock after 50 years? Why not?

      I'd say the company is a real entity, still actually producing. Your "intellectual property" is pretty imaginary.

      I would say that if, after 50 years, the company itself should be losing some intellectual property -- if they are an R&D firm, they better be making new things if they want to be around after 50 years. If you're selling real, physical products, then by all means, continue. If you're sitting on some real estate, and you've found a way to make money off it, chances are you have to actually do some maintenance, so that seems fair. But if all you're doing is sitting on some patents, then the company should die in 5 years, not 50.

      If I create sculptures that I charge people to see in my gallery, do I have to give them up after 50 years?

      I'd say that after 50 years, people should be able to copy your sculpture, make derivative works, etc. You don't have to give them up.

      I'm just uncomfortable with society appropriating my property when "it" feels I've had it long enough.

      The thing is, you're still thinking of copyright as your property.

      Copyright is actually a bit mis-named. It's a right to be the only one copying, not simply a right to copy. You can still sell them after 50 years, but others can make copies and sell those.

      And I do feel that after 50 years, you should either be doing something else or you should be retired. Think of it as a tax -- after those 50 years, your work becomes available for others to improve on. Derivative works are a good thing. Public archives are a good thing.

      It might help if you think of it less as your property and more as a lease from society. After all, society giveth the copyright, society has the right to taketh away. Yes, you put in the work to create the material, but society bears the burden of protecting this artificial right of yours -- laywers, courts, etc. Just somewhat better than, say, signing a deal with most record labels...

      --
      Don't thank God, thank a doctor!
    15. Re:Living off 1955... by anthony_dipierro · · Score: 2, Interesting
      Well, what about you? Let's say that you put your savings into a bank in 1955. Should "society" have free rights to that money after 50 years? After all, you should have still have been working, right?

      But...that was your savings to begin with. Copyright, on the other hand, is something that you only have because society has granted it to you in the first place.

    16. Re:Living off 1955... by f1055man · · Score: 2, Insightful

      You are confusing real property and intellectual property. The right to not have your real property taken from you is not a matter of principle, it is a practical matter. Our society cannot exist based on rampant theft, and therefor real property is protected by the force of government. Intellectual property is likewise a bargain reached in order to create the greatest societal well being. It's only your property as long as it suits the Greater Good. Intellectual pursuits aren't discrete and are freely transferrable. Who owns hip-hop, rock and roll, film noir? I can build a house with my own two hands, but my intellectual "products" are fully dependent upon the intellectual discourse that surrounds me.
      this post copyright:
      .001% Proudhon
      .001% Marx
      .001% Fanon
      .001% Nietzsche
      .001% Friedman
      .001% Plato
      .001% JS Mill
      .......
      .001% f1055man

    17. Re:Living off 1955... by geobeck · · Score: 1

      The part of that quote that gets me is...

      "You can make a record in 1955 and have been getting royalties [for 50 years]... been living on that and suddenly they're gone.".

      So 50 years is sudden? What is Neil McCormack, a glacier or something?

      --
      Find environmentally and socially responsible products on http://buy-right.net
    18. Re:Living off 1955... by zotz · · Score: 1

      "That is why it is different then other property. They want indeffinate copyright?"

      Tax them on the value of the work...

      See the first comment at this link:

      http://www.digitalproductions.co.uk/index.php?id=4 3#comment

      Let me know if you like it and if you can see ways to improve it if you would be so kind.

      all the best,

      drew
      http://www.ourmedia.org/node/262954

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    19. Re:Living off 1955... by TechForensics · · Score: 3, Interesting

      There is a fundamental philosophical principle in play. How far down the line of posterity should the "dead hand" control freedom of the living? In the English common law, which is the basis of US law as well, no conveyance of an interest in real property shall be valid unless it must vest in an ultimate, unrestricted owner within twenty-one years of the termination of a life in being. This means you can leave your realty to your son for life, and 21 years later to those of your descendants then living, but you CANNOT leave it to your son for life, then to your unborn grandson for life, then to your unborn great-grandson in perpetuity. If copyright protections were analogous, copyright would extend for the life of the creator plus a maximum of twenty-one years. Is that reasonable or not? It has been found to be so for how long you can control the vesting of your realty after your death. (I have left out some subtleties, but I think this poses the question.)

      --
      Those are my principles, and if you don't like them... well, I have others.
    20. Re:Living off 1955... by geobeck · · Score: 1

      ...any extension of copyright should include clauses that stipulate that the copyright reverts to the artists, their heirs and successors after a period of time...

      I'm curious how this works (or doesn't) with current laws. A couple of days ago there was a discussion here (too lazy to find the link) about the Jackson-Lord of the Rings-Hobbit situation. New Line Cinema wants to make a movie before the right to do so reverts to the previous steward (no, not Denethor).

      Does this not happen with music simply because record company reps are shrewd business people and artists aren't? Or is there a difference of law between movies and music? Or between different countries? Or does one have anything to do with the other?

      --
      Find environmentally and socially responsible products on http://buy-right.net
    21. Re:Living off 1955... by TechForensics · · Score: 1

      There need to be different rules for corporate and individual copyright holders; RIAA on the one hand, and J.K. Rowling on the other.

      --
      Those are my principles, and if you don't like them... well, I have others.
    22. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      You are assuming that the artist actually owns the copyright to their works.
      No, I'm not. I simply stated what I think artists "deserve." I didn't go into enough depth to touch on the particular question you're talking about.

      What we should also discuss are intellectual property laws that provide proper protection to the artists.
      We seem to be pretty much in agreement on that point. I'd prefer to see artists get better deals as a result of market forces (for lack of a better word) than as a result of laws. I'm not convinced that's a realistic thing to hope for, though.
    23. Re:Living off 1955... by thedarknite · · Score: 1

      Isn't it life of the artist + 50 years. Which means you can live off your 1955 royalties till the day you die and still have your grandchildren receiving royalties.

      --
      A game has objectives and is competitive, anything else is just play
    24. Re:Living off 1955... by Scarletdown · · Score: 4, Interesting
      On the one hand, I have to agree with this. On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.

      On the third hand, when copyright expires, it doesn't mean the original creator loses all rights to sell the work. It just means he no longer has the exclusive right.


      How about a system like this?

      Traditional exclusive copyright - 15 years with an option to extend another 5 for a fee.

      After the initial 15 years (or 20), the copyright goes to a Creative Commons license - Attribution, Share-Alike, Non-Commercial for a period of 50 years from when the work was originally created. So that would be 30 to 35 years under a CC license. This would allow others to create non-commercial derivative works based off the original, and the original creator would still have control over commercial uses of his/her work.

      Then after 50 years from creation, the work enters into the public domain.

      --
      This space unintentionally left blank.
    25. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.
      50 years-worth of royalties isn't enough of a financial reward?
      50 years of royalties is the financial reward I'm talking about. What else would there be?
    26. Re:Living off 1955... by EvanED · · Score: 1, Insightful

      It DOES exist to reward artists. What do YOU think it's for?

      The purpose, to use the phrase from the US Constitution, is to promote the sciences and useful arts. How does it do this? By making it profitable for artists and such to do what you might call "meta-work": creating a piece of art, producing the plans for a product, rather than producing a physical, tangible piece of matter that you sell. How does it do this? By providing an indirect reward for them.

    27. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      I think "painting a house" is a better analogy. Performing/recording music is like painting a house, it requires a fixed amount of effort to complete. The painter doesn't receive ongoing royalties from people who enjoy looking at the house, nor does the owner of the house have to pay the painter every year for the previous paint job.
      But there's a key difference: The paint job doesn't generate revenue on an ongoing basis, the way a successful musical recording does. As long as a musician's CDs continue to sell, I don't see a problem with that musician getting a piece of the action. (And that's not necessarily a copyright or "intellectual property" issue.)

      Having said that, musicians do need to be proactive in planning for retirement, or old age, or whatever. It would be foolish to rely on royalties from sales of old albums as a primary source of income when those albums might not continue to sell.

    28. Re:Living off 1955... by 1u3hr · · Score: 1
      On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.

      The minuscule number of people this applies to are already very rich. And, most likely, like Elvis, dead.

      Meanwhile, someone who wanted to collect a bunch of neglected music from the 40s or 50s and clean it up and reissue it can't without spending a fortune on legal fees trying just to locate the heirs of the copyright owners, likely companies that have disappeared or been absorbed long ago. With old recordings going into the public domain, they can have a new audience. If the original artists are still alive, they can only benefit from this. More importantly perhaps society gets to keep more than just the Top-40 hits as part of our cultural legacy.

    29. Re:Living off 1955... by arth1 · · Score: 2, Interesting
      But there's a key difference: The paint job doesn't generate revenue on an ongoing basis, the way a successful musical recording does.

      Sure it does! The local pub sign performs every night, and draws paying customers, but the guy who painted the boar doesn't get a cut for fifty years, and neither does his manager.
    30. Re:Living off 1955... by afaik_ianal · · Score: 3, Informative

      The issue is quite separate from copyright, and it's called an Option. It's much more common in movies and financial markets than it is in music, because the potential losses in the music industry are much lower. It's not so much that music artists are as shrewd, just that the risks aren't as big.

      When you want to purchase something with a high risk, you can often share that risk with the original owner of the thing you want to buy.

      In the case of The Hobbit, Saul Zaentz has the sole right to produce a movie of the hobbit. Selling the rights to such a movie is high risk for both sides. New Line doesn't know how much the movie is going to make, so from a risk point of view, they probably want to buy the rights for a minimal up-front fee, and then pay royalties. Saul Zaentz's, on the other hand, doesn't want to have New Line sit on the rights forever - someone else might be able to make it into a successful movie.

      So Saul Zaentz sells New Line an option to make the movie. New Line can warrant investing money in the idea, because they know how much it will cost them to go ahead. Saul Zaentz is happy, because he still gets paid at least a little bit even if New Line decides not to go ahead with the movie, and he can then sell another option to another studio. They've shared the risk.

    31. Re:Living off 1955... by Anonymous Coward · · Score: 0

      Hookers and coke don't tend to appreciate very well.

    32. Re:Living off 1955... by Anonymous Coward · · Score: 3, Insightful

      You're conflating method and purpose (which was exactly the problem in the first place). The question is whether the method is effective. Originally, copyright terms were much shorter, because they were designed to keep artists creating new art. Along the way, people stopped viewing copyright as a method to keep artists working and started viewing the artificial rewards (i.e. the method) as artists' rights (i.e. a purpose).

      They're not rights, though. They're a method originally intended to promote science and arts. It's just that over time people forgot that, since it is obvious that providing a copyright for life + 70 years not only makes it possible for an artist to retire without producing more work, but also makes it possible for his children and grandchildren (who might otherwise be artists themselves) to do nothing as well.

    33. Re:Living off 1955... by rollingcalf · · Score: 1

      But there's a key difference: The paint job doesn't generate revenue on an ongoing basis, the way a successful musical recording does.

      That's a circular argument. A successful musical recording generates revenue only because the government forces that revenue stream via copyright law. If the law forced the residents of a house to pay royalties every year for the benefit of enjoying the paint job, and royalties when the house is sold, the paint job also would "generate revenue on an ongoing basis".

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    34. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      That's a circular argument. A successful musical recording generates revenue only because the government forces that revenue stream via copyright law.
      No, a successful musical recording generates revenue because lots people buy copies of it. Other musical recordings fail commercially because few people buy copies. Just ask Kevin Federline. He can only wish the government would force some sort of revenue stream from the CD he made.
    35. Re:Living off 1955... by geobeck · · Score: 1

      Very informative, thanks.

      --
      Find environmentally and socially responsible products on http://buy-right.net
    36. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      But there's a key difference: The paint job doesn't generate revenue on an ongoing basis, the way a successful musical recording does.

      Sure it does! The local pub sign performs every night, and draws paying customers, but the guy who painted the boar doesn't get a cut for fifty years, and neither does his manager.
      Well, I'll tell you what. When the pub owner starts selling reproductions of the sign, get back to me on that.
    37. Re:Living off 1955... by drsmithy · · Score: 1

      How about a system like this?

      IMHO, any system which has arbitrary set limits is vulnerable to (relatively) easily-acquired extensions to those limits, eventually leading to the ridiculous situation we have now.

      My idea. (I posted a more detailed version ages ago to Slashdot, but I can't find the post now).

    38. Re:Living off 1955... by drsmithy · · Score: 1

      Well, what about you? Let's say that you put your savings into a bank in 1955. Should "society" have free rights to that money after 50 years?

      No.

      Not that this strawman example has any resemblance to copyright. Money you might earn != money you have earned.

      Trust me, I'm not fan of ridiculously long copyright periods, [...]

      I'd have to say you are, to come up with such a ridiculous analogy to try and justify them.

      [...] but saying that you have the right to take my property just because I was unwilling or unable to duplicate my previous success doesn't sound fair to me.

      They're not taking your property. All that's happening is the completely arbitrary and artificial legal restriction on copying information is removed.

      "Intellectual property", despite the term and the wet dreams of people who use it, does not in any meaningful way resemble actual, physical property.

    39. Re:Living off 1955... by Lemmy+Caution · · Score: 1

      What he may really want is a secondary market for non-expiring rights. That would mean he could sell the rights in perpetuity to the royalties.

      It's a horrid, selfish idea that would go wrong in ways I don't need to enumerate. Enjoy musicians for their music, artists for their art, and don't expect any real moral clarity from either of them.

    40. Re:Living off 1955... by rollingcalf · · Score: 1

      "No, a successful musical recording generates revenue because lots people buy copies of it."

      Without copyright law, people and other record companies would make their own copies of albums, leaving little or no revenue to the original artist. The revenue goes to the artist because copyright law forces it. If house painters had similar laws to benefit them, they could "generate revenue because lots of people buy" the privileges of residing in and selling the houses the painters painted.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    41. Re:Living off 1955... by saforrest · · Score: 1

      As long as a musician's CDs continue to sell, I don't see a problem with that musician getting a piece of the action. (And that's not necessarily a copyright or "intellectual property" issue.)

      Just out of curiosity, does this statement by you only extend for the life of the musician or artist? I remember reading in Lawrence Lessig's Free Culture about the original motivating example for the expiry of copyright, sometime in the 18th century, being some guy who had bought the rights to Shakespeare's works, and was licensing them for a pretty penny, almost 200 years after the author's death.

    42. Re:Living off 1955... by QuantumG · · Score: 1

      My fridge smells of stale milk, but that's not what it is for.

      --
      How we know is more important than what we know.
    43. Re:Living off 1955... by jeffkjo1 · · Score: 2, Insightful

      If I create sculptures that I charge people to see in my gallery, do I have to give them up after 50 years? If the answer is no, why should copyright be any different? It's a product of my hard work and skills just as these other things are.

      Sculptures are different than copyright. Basically, copyright is a really weird legal concept. It means that I can sell you a CD, but I can still tell you what you're allowed to do with what's on the cd. If I sell you a sculpture, you can do whatever you want... you can do public exhibitions of the sculpture... you can't do that with music on a CD.

      Basically, as a society, we've decided that even though you are selling me something, you deserve special protection over what you've already sold me, and no longer own. The exchange is that you can only control my use for a set period of time. It's different that conventional property, since, once it changes hands, the deal is done, and person B can do whatever they want with your property, since it's not your property anymore.

    44. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      Without copyright law, people and other record companies would make their own copies of albums, leaving little or no revenue to the original artist. The revenue goes to the artist because copyright law forces it.
      Yes, of course. All I was saying is that there are no revenues if no one is buying the product. If there are revenues, it's only fair for the artist to get something out of it. I bought my copy of "This Was" for the music, not because I enjoyed doing business with the store the CD came from.

      If house painters had similar laws to benefit them, they could "generate revenue because lots of people buy" the privileges of residing in and selling the houses the painters painted.
      So how do you propose this would work? The homeowner already owns the house before the painter ever sets foot on the property, so the situation isn't analogous to anything that gives a musician any claim to copyright on his own work. At best, his paint job would be a "derivative work."
    45. Re:Living off 1955... by mr_matticus · · Score: 1

      And you're mistaking purpose and consequence. Copyright is, as GP mentioned, solely in place to provide a benefit and reward to those taking the time, energy, and often expense involved in coming up with something new and useful (be it functional or aesthetic). Over time, the term limits have extended beyond usefulness, which is an unfortunate consequence, but does not invalidate the purpose.

      I'm not sure where you're drawing a distinction between rewards and rights. A creator is entitled to reap the benefits of fiduciary control for the length of the copyright period--it is an entitlement, period. It's not based on whether the work is good--the amount of money to be made off the product is a measure of its overall value. They most certainly are rights; they're just not indefinite rights.

    46. Re:Living off 1955... by Twanfox · · Score: 1
      The homeowner already owns the house before the painter ever sets foot on the property, so the situation isn't analogous to anything that gives a musician any claim to copyright on his own work. At best, his paint job would be a "derivative work."

      A customer enjoying a musical recording often owns the 'house' in which that recording is played, be it a home stereo or portal MP3 player. What one buys is a way to make that device 'pretty' or otherwise functionally useful. That does have an analogy to the 'painter and house' example aforementioned as, when you buy a painter's services, you seek to make your home pretty and often times functionally useful.

      I do not mind musicians being appropriately compensated for their works, but I do have a problem with the dichotomy presented. Why should one set of professions be treated with bend-over-backwards abuse of the customers in order to leech money for performances long past to fund their lives now? Work that I perform in my profession does not accord me the privilage of kicking back and earning royalties in perpetuity.

      Copyright is not supposed to provide musicians and artists and writers with an income stream for their entire life. It is supposed to provide protection for the works they create, so that they may see income for the work they do produce, and to encourage the creation of those works by offering that protection. Copyright is out of hand and works protected under it, works that help define, describe, and shape our culture, should be permitted to be a part of that culture while that culture still exists and not long after it has changed.

    47. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      Just out of curiosity, does this statement by you only extend for the life of the musician or artist?
      If it were in my power, I'd change copyright law so that it's similar to the following (subject to changes that might arise if I were to think it through more thoroughly, or if someone points out some reason why something won't work):

      As soon as a work is published, a single, 15-year term of full copyright protection begins. Possibly it would be renewable for a second, shorter term.

      If the artist sells the copyright, a new 15-year term begins for the new owner. (This provision is to preserve the value of the copyright for the original owner.) If the copyright is subsequently re-sold, the new owner gets only the time remaining from the original purchaser. (This is to prevent repeated re-selling simply to extend the copyright.)

      When full protection expires, the work goes into a "partial protection" status. Others are free to use or publish the work as they wish, subject to royalty payments -- that is, a compulsory license that would cover any and all possible use of the work.

      If the artist dies before the 15-year term expires, his heirs inherit the copyright for the remainder of the term. If the artist dies with less than five years remaining, the term is extended to give the heirs five years.

      If the artist dies after the 15-year term expires, the work goes into public domain.

    48. Re:Living off 1955... by sco08y · · Score: 1

      I don't know if I'm making this any clearer - I'm just uncomfortable with society appropriating my property when "it" feels I've had it long enough. Take it when I'm dead if you want, but as long as I'm alive, it should be mine.

      If you don't want to have to give it up, don't publish it. Copyright grants you a freedom, the freedom to publish your work without being copied. Once you've enjoyed that freedom, it's gone.

      The whole point of having a freedom is that it's expendable. I have a right to speak my mind. But if I go and tell everyone I'm a Republican, I've just expended my freedom to tell everyone I'm a Democrat. (Assuming credibility is important.)

      On the bright side, while the freedom to copyright your creative works is expendable, you're really only limited by your imagination.

    49. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      A customer enjoying a musical recording often owns the 'house' in which that recording is played, be it a home stereo or portal MP3 player. What one buys is a way to make that device 'pretty' or otherwise functionally useful. That does have an analogy to the 'painter and house' example aforementioned as, when you buy a painter's services, you seek to make your home pretty and often times functionally useful.
      I'd suggest you have it backwards. In the case of the house, the paint job is necessary to preserve its value and appearance. But the house is the primary object of value in this scenario.

      In the case of music, it's the music itself that's of primary value. You purchased the stereo and/or mp3 player only because you need something to play the music with.

    50. Re:Living off 1955... by tkrotchko · · Score: 1

      "On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it."

      This situation is so rare that it seems silly to change all of copyright to accommodate what is literally a one in a million chance. Elvis records still sell. So that means all of copyright should change?

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    51. Re:Living off 1955... by arose · · Score: 1
      On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.
      How about 50 years of royalties?
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    52. Re:Living off 1955... by Maxo-Texas · · Score: 1

      And yet when the same person, performs the same song, every night in the pub, they must pay (or go to jail in japan recently here on slashdot).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    53. Re:Living off 1955... by ceoyoyo · · Score: 1

      No... not only no search warrants, no laws. If you don't like your work going into the public domain after a certain period of time, then don't accept any government (ie legal) protection at all. You can keep your work all to yourself. If it's a song or a movie you can play it in your own, carefully controlled venue, like a museum or an art gallery and hope no one remembers it well enough to duplicate it.

    54. Re:Living off 1955... by poopdeville · · Score: 1

      Hookers tend to appreciate money.

      --
      After all, I am strangely colored.
    55. Re:Living off 1955... by poopdeville · · Score: 1
      I understand what you're getting at. But let's consider your sculpture example again. Let's say you make a sculpture and decide to display it for money. Certainly fair enough. This, so far, isn't a copyright issue at all.

      Now suppose we live in a world without any copyright protection. Then displaying the work (and charging admission) is pretty much the only way you could make money from your work. Of course, in principal, you could sell souvenir copies or whatever, but that would be shooting yourself in the foot. As soon as an ambitious sculptor got his hands on a replica, he could make his own. Or he could just make souvenirs and sell them on the sidewalk outside your museum. In the end, you would end up protecting your work like you would a trade secret (though probably not as stringently -- I mean this in principal). For instance, you could have a "No Cameras" policy in your museum.

      Wouldn't it be nice if you could have a monopoly on your work's "content"? This is exactly what copyrights give you. But note well -- the content isn't "real" property in the sense that a sculpture is. Your monopoly is given to you by society so that you can make some money from your work while simultaneously enriching culture. For it would be very difficult for you to gain publicity for your work without you having the ability to make, for instance, brochures with an image of your work. Without publicity, your museum would fail. More importantly, no one would see your culturally enriching work.

      In exchange for the opportunity to make money, you have to give up the exclusive right to distribute your work's content after a certain period. But keep in mind that you wouldn't have had the exclusive right at all without copyright.

      I say 50+ years of protection is better than none at all.

      --
      After all, I am strangely colored.
    56. Re:Living off 1955... by Eivind · · Score: 1
      Collecting monopoly-rent for 50 years is a damn fine "financial reward", actually, in economic terms that is about as good as forever, really. The math goes like this:

      Pick a numer for deprecation, interest if you will. Let's say 4%. This means that if you had $100 today, that would be worth as much to you as being guaranteed $104 a year from now.

      Now, let's say the recording sold for $100K/year (the number doesn't matter for the rest of the math really).

      At 4% deprecation, getting $100K/year forever has a "now"-value of $2.500.000 because 4% of that is 100K, so you could invest the 2.5 million at 4%, and *get* $100K/year.

      So, what's the value of $100K/year for the next 50 years ? $2.175.000

      So, in economic terms (assuming 4% deprecation which is reasonable) 50 years is 87% of forever.

    57. Re:Living off 1955... by Eivind · · Score: 1
      No. It exists to promote the progress of science and the useful arts. The reward is merely the *mechanism* not the *purpose*.

      Quite common confusion there.

    58. Re:Living off 1955... by o'reor · · Score: 1
      The problem I can see with this is that young artists often take 10 years or more to get a name and (for musicians) be broadcast by mainstream media. Which means, by the time they hit a real potential for earning royalties, their first recordings are only 5 years away from going out of protection. In that sense, the main benefits would go to a few broadcasters (ClearChannel, MTV... ) that pick the music they want to broadcast, and minimize the royalties given to the artists in the long run, while maximizing profit.

      Just my 2 cents...

      --
      In Soviet Russia, our new overlords are belong to all your base.
    59. Re:Living off 1955... by GauteL · · Score: 1

      What an incredible lame argument McCormack makes. I had to stop myself from laughing. "Suddenly they're gone"? Didn't the copyright holder know fifty years ago that the record would have it's copyright expire in 2005? The songwriter just didn't see those 50 years creep up on him did he?

      It didn't just suddenly disappear. In 1955 the public agreed to give the copyright owner 50 years of monopoly on that song, they didn't agree to first give 50 years and then give a further 25 if the record was popular. Taking an existing record and giving it 25 more years of copyright is akin to theft from the public.

      If the songwriter wants to provide for his children and grandchildren he can save up and invest his earnings like everyone else. Yes, artists are important, but nobody else gets 50 years of income from a few years of work. Back when copyright was introduced, the public basically agreed that art was important and that artists needed a bit of protection in order to encourage art and to provide a living for artists. I doubt that the politicians that introduced it actually meant that a songwriter should earn enough money from a single song for 50 years so that he never had to work again.

    60. Re:Living off 1955... by mrogers · · Score: 1
      But...that was your savings to begin with. Copyright, on the other hand, is something that you only have because society has granted it to you in the first place.
      Unlike money, which was created by God. ;-)
    61. Re:Living off 1955... by anandsr · · Score: 2, Interesting

      How about this?

      1) Work is owned by the author alone, and is non transferable, ie you cannot sell all rights to it. You can only license it.
      2) Performance of a work can be owned by a company, but is limited to 10 years only, after that it goes into PD.
      3) The Copywrite is automatic for the first 5 years, after that it must be registered and payed for 5 year periods.
      4) Works can be licensed exclusively for the first 10 years only, after that licenses must be non-exclusive and compulsary.
      The author can not deny licensing a work to anybody after this period. He can only fix the price.
      5) The exclusive license duration of 10 years is from the time of publication, but the automatic licensing term of 5 years
      is from the time of creation. So you may have to renew it twice before the expiry of exclusive licenses.
      6) The first 10 years after publication are special as during this period the work can be considered exclusive property, and
      can be passed down to the heirs.

      Basically to continue using a work you must pay a fee every 5 years. And corporations cannot buyout a work.

      -anandsr

    62. Re:Living off 1955... by mdwh2 · · Score: 1

      But there's a key difference: The paint job doesn't generate revenue on an ongoing basis, the way a successful musical recording does.

      And why is that? Because of copyright law. If the law meant you had to continually pay a painter, then the paint job would continually generate revenue.

    63. Re:Living off 1955... by Anonymous Coward · · Score: 0

      Surely you mean "Painting the roof" rather than "Painting a house" :-)

    64. Re:Living off 1955... by StrawberryFrog · · Score: 1

      In the case of The Hobbit ... such a movie is high risk

      A prequel to a blockbuster is not exactly high-risk.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    65. Re:Living off 1955... by Pogue+Mahone · · Score: 1
      what's the UK limit on film copyrights?

      Same as books - life + 70

      Whose life? The last of director, screenplay writer, soundtrack composer and possibly one other to survive (IIRC).

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    66. Re:Living off 1955... by jabuzz · · Score: 1

      True, but when the option was sold there was no blockbuster, and the previous attempts where comercial flops.

    67. Re:Living off 1955... by mpe · · Score: 1

      There is a fundamental philosophical principle in play. How far down the line of posterity should the "dead hand" control freedom of the living? In the English common law, which is the basis of US law as well, no conveyance of an interest in real property shall be valid unless it must vest in an ultimate, unrestricted owner within twenty-one years of the termination of a life in being. This means you can leave your realty to your son for life, and 21 years later to those of your descendants then living, but you CANNOT leave it to your son for life, then to your unborn grandson for life, then to your unborn great-grandson in perpetuity.

      There is also inheritance tax. Because ending up with a class of people who can live of the interest on their ancestors' money can lead to all sorts of economic problems.

    68. Re:Living off 1955... by mpe · · Score: 1

      Sure it does! The local pub sign performs every night, and draws paying customers, but the guy who painted the boar doesn't get a cut for fifty years, and neither does his manager.

      Let alone someone claiming that their grandfather or great uncle painted the sign...

    69. Re:Living off 1955... by mpe · · Score: 1

      Quit frankly, anything more the 15 years(based on typical earning for a work) is stealing from the public domain.
      Most copyrights (95%+) make nothing after 15 years, and keeping it away from the public longer for just a small minority it absurd.


      Even 15 years may be excessive. Maybe instead the period should be based around the economic life of a typical work... There's also a big problem with current copyright in that many works may never get a chance to enter the public domain, since recording media are now more ephemeral than copyright terms.

    70. Re:Living off 1955... by Secret+Agent+X23 · · Score: 1
      If the law meant you had to continually pay a painter, then the paint job would continually generate revenue.
      The law doesn't require you to continually pay for a CD after you've bought it the first time. (However, it could just happen to work out that way if you use a credit card that you never get paid off, but in that case it's not the artist who's continually getting paid...)
    71. Re:Living off 1955... by lkratz · · Score: 1

      Too old to Rock 'n' Roll, too Young to give up royalties!

    72. Re:Living off 1955... by Wombat · · Score: 1

      I generally support shorter copyrights, but I think that 15 years is a little too short for most cases. For playwrights, for example, it may take a number of years for a script to gain steam. If a play is only being produced in small theatres, once or twice every few years... Well, with 15 year copyright, said writer may only make $5,000 from something that took him/her years to create.

      50 years gives a bit more leeway for adequate royalties to trickle in.

    73. Re:Living off 1955... by TechForensics · · Score: 1

      Hi, I very much agree with your comment, and I am interested further in your ideas. What economic problems do you see with "a class of people who live off interest of their ancestors' money". I see immediate problems myself, e.g. unproductivity, undue accumulation, but I wonder if you have thought of others. Feel free to email me at lwm at map dot com. So I'll see it, it would be a good idea to put the word "slashdot" in the email subject line. Regards, lwm

      --
      Those are my principles, and if you don't like them... well, I have others.
    74. Re:Living off 1955... by exp(pi*sqrt(163)) · · Score: 1
      I'd say the company is a real entity, still actually producing. Your "intellectual property" is pretty imaginary.
      That a company is a real entity is clear. But that a company is someone's property is just as much "imaginary" as intellectual property. There is no property inherent in a company that makes it belong to one person or another, that exists only in the network of relations of the people in the society in which the company lies.

      Property and intellectual property is much the same thing. Just as a government will protect your monopoly of intellectual property for a period of time, governments will protect your physical property. They do so for the same reason, because the government itself profits. Economies with good property rights, both physical and intellectual, tend to be much stronger than those without. So those in political power can expect to reap greater benefits if they protect the property of their subjects or voters. The main difference between intellectual and physical property rights is the way these are limited. For intellectual property the limits are temporal - they last a certain time. For physical property rights, only a certain percentage of your property is protected - the rest is called 'tax'.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    75. Re:Living off 1955... by Anonymous+Brave+Guy · · Score: 1

      The purpose, to use the phrase from the US Constitution, is to promote the sciences and useful arts.

      I hate to break this to you, but the US Constitution did not invent the notion of copyright, nor is it particularly relevant to anyone outside the US. Moreover, the US is a signatory to international agreements on the subject, such as TRIPS, which again are not written in those terms. In several countries, the relevant law is phrased in terms of artists' rights, and that is the explicit intent.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    76. Re:Living off 1955... by kraut · · Score: 1

      > On the other hand, I have to think that if someone makes a recording that can continue to sell for 50+ years, that person deserves some sort of financial reward for it.

      Yes, and they get 50 years of financial rewards for it. Think about it - 50 years!

      --
      no taxation without representation!
    77. Re:Living off 1955... by afaik_ianal · · Score: 1

      Wow. I like the way "Selling the rights to such a movie is high risk for both sides" became "... such a movie is high risk". That was an excellent use of selective quoting to make you look like you had something useful to say.

    78. Re:Living off 1955... by Jezter!*+$nothername · · Score: 1

      I think that quite a few people missed a bit from the original and referred articles.
      The copyright in question is for the artist who recorded the material. The lobbying was to increase their copyright to 95 years.
      The author of the work, the real creator of the work already has 70 years from the date of publishing/recording to collect royalties for the work.

      This seems to be the point of confusion, the creative body (the author) gets to collect for a pretty decent period of time (too long in my view) whilst the person(s) who record and release a copy of that work and, more importantly, the record companies receive royalties for a lesser period.

      That, to me seems a perfectly equitable arrangement as the creator derives greater benefit than those that had nothing to do with the creative process.
      The lobbying for the extension seems to be of greatest benefit to the makers of those dire "Best Of ......" releases and the aged 50's/60's "pop" stars who require a new tennis racquet (or Caribbean Island!) in their dotage.

      --
      Democracy is being able to elect your own megalomaniac, a dictatorship cuts out the middle man.
    79. Re:Living off 1955... by StrawberryFrog · · Score: 1

      You make it sound like an intentional troll. As the original poster pointed out, before Peter Jackson's LotR trilogy, buying these options may have been high risk. They're certainly not a risky investment now.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

  3. Cliff by Anonymous Coward · · Score: 0

    Cliff Richard will need another extension in a few decades

    1. Re:Cliff by Anonymous Coward · · Score: 0

      No, just regular service maintenance.

  4. From TFA... by Repton · · Score: 0

    "The review was conducted for Chancellor Gordon Brown by Andrew Gowers, a former editor of the Financial Times.

    His first big hit was Move It, recorded in 1958, when he was hailed as the British Elvis."

    OMG, Gordon Brown was hailed as the "British Elvis"! Who knew?

    --
    Repton.
    They say that only an experienced wizard can do the tengu shuffle.
  5. What about renewal? by VTMarik · · Score: 0, Redundant

    Surely they can renew their copyrights for another 50 years. Wouldn't that solve everything?

    1. Re:What about renewal? by bky1701 · · Score: 1

      I would hope to god not. Then they would have perpetual, never-ending copyright (because even after the person is long dead someone will own the rights and want to keep them. See lord of the rings) on anything currently copyrighted right now. It's like the wet dream of the *IA*'s to have that.

    2. Re:What about renewal? by QuantumG · · Score: 1

      Making copyright owners apply for renewal every 10 years, and pay a fee at that time is one of the better ideas for copyright reform. Not only will it make people actually think about whether or not it is worth keeping something out of the public domain, but it will also make it a lot easier to keep a registar of copyright works.

      --
      How we know is more important than what we know.
    3. Re:What about renewal? by FooAtWFU · · Score: 1
      The abuse scenario is something like this: Small-time artist/singer/novelist/programmer creates something (a book, a song, a painting, a program), can't really manage to do much with it... but later a generic Big Bad Entity comes along, snaps it up, rips it off, makes a few million.

      Ultimately, if the fee is high, then it's really an undue burden on all but the largest companies, while if it's low, the larger companies can ignore it. $10,000 to renew the copyrights on "I Wanna Hold Your Hand"? Nothing at all! $100 to renew the copyright on a really cool piece of artwork that an aspiring artist has created? That's probably more than he spent on the materials! I don't think you can really structure a fee schedule to effectively avoid this, either.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    4. Re:What about renewal? by Andy_R · · Score: 1

      There is no renewal of copyright under British law.

      We do have one exception though, Peter Pan not only never grows up, he never goes out of copyright either. This is because there was a massive public outcry when London's biggest childrens's hospital was threatening to close if they lost the income from Peter Pan, the rights to which the author bequeathed to the hospital in his will.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    5. Re:What about renewal? by QuantumG · · Score: 2, Insightful

      If you can't make money from it then it shouldn't be under copyright. That's the purpose of copyright, to give people a monetary incentive to create new works.

      --
      How we know is more important than what we know.
    6. Re:What about renewal? by karmatic · · Score: 1

      $100 to renew the copyright on a really cool piece of artwork that an aspiring artist has created? That's probably more than he spent on the materials!

      Copyright is about providing incentives to produce work, and it does so by providing them a period of exclusivity (generally) in order for them to make money selling their works. Without an exclusive right to copy for some period of time, others could easily sell and copy the works, leaving the author without money.

      As such, if the author is selling copies of the work regularly, the fee should be no issue. If the person isn't selling the work, and isn't producing new ones, than the "promoting the progress of science and useful" arts purpose of copyright isn't (usually) being fulfilled anyway, and the work doesn't deserve the protection offered. A notable exception to this would be open-source software, where the copyright is used for enforcing rules on distribution without the usual monetary incentives. On the other hand, is 50 year old software really worth protecting with copyright?

    7. Re:What about renewal? by ClamIAm · · Score: 1

      Yes, Peter Pan gets special treatment, but that's not the only exception in the UK. The King James Bible and the Book of Common Prayer (and some other stuff) are under perpetual copyright.

    8. Re:What about renewal? by tverbeek · · Score: 1

      That's not a true copyright, however. Parliament merely granted the Great Ormond Street Hospital perpetual royalties on Peter Pan. They do not have the right to grant/deny permission to perform the play or to create derivative works (at least after 2007), as a true copyright would give them. It's really more of a Peter tax, earmarked for GOSH.

      --
      http://alternatives.rzero.com/
    9. Re:What about renewal? by PCM2 · · Score: 2, Interesting
      If you can't make money from it then it shouldn't be under copyright. That's the purpose of copyright, to give people a monetary incentive to create new works.

      I disagree. You're falling into the trap of viewing all of society through the lens of economics, which is a ploy that a great many politicians have foisted upon us but does not reflect the realities of human existence.

      I have personally registered copyrighted works that I make available for everyone to look at on the Web, for free, from which I don't make a dime. That doesn't mean I want some corporation to have free license to take those works and publish them for profit, however -- or to publish them in a context that makes it look like my work supports some position that I don't agree with. In this case the copyright is a protective measure. It's there to ensure that the fruits of my labor are used in the way that I choose, period.

      Let's say, for example, that I paint a hypothetical painting of an idyllic English landscape, and in the background is the ominous tower of a nuclear reactor. Presumably I mean this painting to be some artistic commentary on society, with a very specific meaning that I choose to impart to the painting. If there was no copyright on this work (because I'm not making money from it) there would be nothing stopping BP from running it as an ad in a magazine, along with a slogan reading something like, "Don't let the crazies in Parliament do this to your countryside. Support fossil fuels." Make no mistake, copyright is the only thing stopping someone from doing this.

      --
      Breakfast served all day!
    10. Re:What about renewal? by QuantumG · · Score: 1

      That's great that you abuse the copyright system like that, but allowing you to censor who can and can not use your works is not the goal of copyright. It's not why we spend millions of taxpayer's dollars to keep this broken system alive. The sole, and only, reason why copyright exists is to give the creators of artistic works the financial motivation to create their works.

      --
      How we know is more important than what we know.
    11. Re:What about renewal? by drsmithy · · Score: 1

      Making copyright owners apply for renewal every 10 years, and pay a fee at that time is one of the better ideas for copyright reform.

      Maybe if the fee is a (non-trivial) percentage of the revenue derived thus far from the work. Otherwise it's even worse than the existing system because it really does allow for never-ending copyright (unless copyright automatically expires on the death of the holder - which it should).

    12. Re:What about renewal? by QuantumG · · Score: 1

      Yeah, you'd still have a limit, and no, life + 95 years is not acceptable.

      --
      How we know is more important than what we know.
    13. Re:What about renewal? by PCM2 · · Score: 1
      That's great that you abuse the copyright system like that, but allowing you to censor who can and can not use your works is not the goal of copyright. It's not why we spend millions of taxpayer's dollars to keep this broken system alive. The sole, and only, reason why copyright exists is to give the creators of artistic works the financial motivation to create their works.

      Again you appear to be talking out of your ass. Would you care to provide a reference that supports this claim?

      The United States Constitution grants Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." It makes no reference to financial gain whatsoever.

      Prior to this statement, copyright law in the West largely derives from the Statue of Anne of 1710. The text of that act begins: "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing, or causing to be Printed, Reprinted, and Published Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families..." You can intuit a financial meaning into that statement, but there is none explicit. It merely says that authors may be granted the exclusive right of control over their own works. It is very explicit in its intent that third parties should be prevented from reprinting works without the permission of their authors, however.

      Your own more fiscally-oriented leanings may be very modern and libertarian, but they do not in fact reflect the full purpose of copyright law as it has been drafted over the last several centuries.

      --
      Breakfast served all day!
    14. Re:What about renewal? by QuantumG · · Score: 1

      Yes, because by "ruin" they ment something other than fiscal. BTW - if you continue to stalk me, I will report you to your federal police.

      --
      How we know is more important than what we know.
    15. Re:What about renewal? by Qzukk · · Score: 1

      Yes, because by "ruin" they ment something other than fiscal. BTW - if you continue to stalk me, I will report you to your federal police.

      Oh man, don't do that, you might "ruin" him.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  6. Re:WhoTF? by Anonymous Coward · · Score: 0
    Who the fuck is "Jethro Tull"?

    Yeah! Who is Jethro Tull and why is it so goddamn hard to use a search engine or ask type that name into wikipedia?!

  7. Probably being naive here. by Dominare · · Score: 0, Redundant

    I always thought that the whole idea of copyright law was basically to make sure that people who create things, whatever they may be, have the opportunity to profit from their time and effort. Given the previous statement, I have to admit that I feel fifty years is a pretty good run, and whatever royalties the aforementioned _might_ lose because of this expiration will be relatively small. They'll just have to go without that fourth ferrari.

    1. Re:Probably being naive here. by yvanthegreat · · Score: 2, Interesting
      I always thought that the whole idea of copyright law was basically to make sure that people who create things (...) have the opportunity to profit from their time and effort.

      Not at all... copyright law was invented by the printing press, to make sure another company would not print (copy) something very cheap, while the first one had paid money to buy the manuscript. The whole story about intellectual rights was just to make it sound better.

      I don't say that intellectual rights are always bad, but in the beginning they had nothing to do with it. They're not always good either, but that's another discussion.

    2. Re:Probably being naive here. by Artifakt · · Score: 3, Insightful

      Various studies have shown that a book or film usually makes over 90% of its overally money within a year of release. Music is a bit less likely to drop off that sharply, but it's not much better, and new technology, such as re-releasing LPs as CDs, may have caused much of the extension we see in the curve there. Even there, most of the money is made in the firt year, and the 90% margin is usually reached within 3 years.
              One estimate I've seen is that going from the U.S.'s current Life+70 copyright to completely unlimited will have no effect at all on over 98% of author's estates, and the remaining small percentage will see a modest average 3% average additional income. An author who banks a modest 5% of his income for posterity at the time he or she makes it can take advantage of compound interest and much less inflated money to easly beat everything copyright extensions are likely to do for his kids and grand kids by a factor of at least two orders of magnetude. Statistically, only about three artists from the 20th century are likely to see significant potential profits more than 70 years from their deaths. Since we already have J.R.R. Tolkien, Steven King, and George Lucas, what's with those musicians, film-makers and writers who seem convinced they are also one of that tiny elite fraction? At best, a lot more of them are deluded than right. For them, a clue - just because you are a better artist than these guys, doesn't mean your work will be more commercial than theirs 70 years after your death - in fact it practically precludes it.

              The price authors, musicians, and others pay for that slight chance of bettering their great-great-grand children's lives by a bit? "Life plus" can't be treated as the transfer of a natural right to copy, as no one has a natural right to copy after they die. So now, copyright isn't based on one of those "inallienable rights" that come from "Nature and Nature's God", as the US founding fathers so quaintly put it - instead, it's a right the government manufactures from nothing by politically divine fiat. Ergo, the government can now take away what they have created, with no legal principles to require any checks or balances. If copyright is later shortened, the government has already laid all the necessary groundwork for the claim the additional time (and control over publication) reverts to the government, and not to the people.

      --
      Who is John Cabal?
    3. Re:Probably being naive here. by Anonymous Coward · · Score: 0

      You forgot about Walt. His stuff will be commercial for longer than the other 3 its a long time till 2040.
      What is the rule for people who write stuff after they are dead like a found of a scifi cult is known to do?

  8. Errr, life + 50 years no? by QuantumG · · Score: 2, Informative

    Is this just a case of really poor journalism or is there some provision of UK copyright law that foreits the life of the author in the duration of copyright when they transfer the ownership of the work or something? Cause I'm looking at the UK copyright act here and it says life + 50 years, and apparently in '97 there was an EU-wide ammendment that made that life + 70 years. I thought this recent news story was about people complaining that they can't have life + 95 years and when their kids grow up they'll ask for life + 125 years, and so on. As for the people who "make their living" from collecting royalties on songs their dear old dad sang back in the 50's, cry me a freakin' river.

    --
    How we know is more important than what we know.
    1. Re:Errr, life + 50 years no? by Andy_R · · Score: 4, Insightful

      Music copyrights are messy, because there is a copyright on the song, and seperately on the performance and recording of the song (called 'mechanical copyright'). If my understanding is correct, Cliff Richard's early work will only be coming out of mechanical copyright. This means a prospective seller of these works would have to pay rights for the songs but not the recordings, in they same way they would if they made cover-versions of the songs.

      I believe that our British copyright law was not backdated last itme it was extended, so works recorded before the life + 70 tariff do not get an extension. Oddly enough this was something Hollywood actually lobbied strongly for, as there were quite a lot or films in production that were based on 'just out of copyright' works that would have gone back into copyright (I think this was the case with character of Sherlock Holmes when the previous extension was backdated).

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    2. Re:Errr, life + 50 years no? by Anonymous Coward · · Score: 0

      Publishers (authors, songwriters) get life + 70, but mechanical copyright is 50 years. Personally I think life is long enough copyright term for everyone, natural life or 50 years is fair, who the hell could argue with that?

    3. Re:Errr, life + 50 years no? by QuantumG · · Score: 1

      I'd argue that its too long, but yes, I agree with you. Although, this is England we're talking about, the place where lordships and royal families are seen as standard fair.

      The singing nobility?

      *shudder*

      --
      How we know is more important than what we know.
  9. Exactly by etymxris · · Score: 5, Insightful

    The purpose of copyright is to encourage creation of new works. Anything more than 10 years (in my view) is actually counterproductive. Derivative works are stymied by the monopoly the original creator has. Sure, you can negotiate and pay big dollar to license a derivative work. But, for example, had Disney been the original creator of "Alice in Wonderland" you can bet that the video game "Alice" would never have been made.

    1. Re:Exactly by PCM2 · · Score: 1
      The purpose of copyright is to encourage creation of new works. Anything more than 10 years (in my view) is actually counterproductive.

      MMmmm, I think that number is maybe a little too restrictive. If you're talking about 10 years from publication, maybe that's one thing. Right now, copyright begins at the time a work is created, whether it has been published or not. You can debate whether that's a good thing, but I for one believe it is.

      Also, have you ever heard of a popular album that didn't really "take off" with the public until a year or two after it was released? The songs might not have been heard all that much due to the label's poor marketing or mismanagement of the artist, but under the 10-year copyright clause, the net effect is the same: two years of the artist's legally-allowed "monopoly" time -- the time in which the artist is allowed to profit from the work -- wasted.

      The bottom line is that it takes longer for a work to make it into the hands of the public than some people realize. 95 years for copyright seems a ridiculously long time, but 10 seems a trifle short.

      --
      Breakfast served all day!
    2. Re:Exactly by 1u3hr · · Score: 1
      The purpose of copyright is to encourage creation of new works.

      And actually the "50 years" cited is only for the copyright of a specific recording. That probaly belongs to a big media company, not an artist. The writer of the song's copyright goes till at least 70 years AFTER HIS DEATH. So the actual creators are more than well protected. His grandchildren will still be collecting a piece of every sale.

    3. Re:Exactly by Benzido · · Score: 3, Interesting

      10 years is a good idea, not so much because of the possibility of derivative works, but because it encourages people like Cliff Richard to continue to create new works himself. You are exactly right, a 50-year copyright is counterproductive, because it allows someone who produces a single number-one hit to retire immediately.

    4. Re:Exactly by 1u3hr · · Score: 1
      Right now, copyright begins at the time a work is created, whether it has been published or not.

      Depends on what you mean by "creator" and "work". The writer's copyright is protected until he's been dead for 70 years. Only the copyright of a particular recording, which is usually owned by a record company, is so limited. Which is no doubt one reason Paul McCartney is busily releasing "definitive" remixes of Beatles songs.

    5. Re:Exactly by Anonymous Coward · · Score: 2, Funny
      10 years is a good idea, not so much because of the possibility of derivative works, but because it encourages people like Cliff Richard to continue to create new works himself.

      Oh gods, you call that a good idea?
    6. Re:Exactly by moranar · · Score: 1
      Oh gods, you call that a good idea?

      Nobody said you actually had to listen to them or buy them. There's this new-fangled thing, people call it "remote control", helps in, think about it, changing tv channels or radio stations (it depends on the "remote"). Damn kids these days.

      --
      "I think it would be a good idea!"
      Gandhi, about Internet Security
    7. Re:Exactly by gowen · · Score: 1

      Cliff is a particularly amusing example. I wonder how much money he paid to the descendants of Emily Bronte for stealing their ancestors idea and turning it into the musical "Heathcliff". My guess would be "none at all".

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    8. Re:Exactly by Darkman,+Walkin+Dude · · Score: 1

      Anything more than 10 years (in my view) is actually counterproductive.

      On the other hand, the argument could be made that making copyright terms as long as 50 years actually inspires the creation of completely new, non derivative works. Theres a lot to be said for that.

    9. Re:Exactly by iainl · · Score: 1

      That's the biggest argument for not changing it, as I see it. When these artists created the work, the law said they would own copyright for 50 years. That was seen as 'good enough' to make them do it at the time.

      Refusing to grant them more now is not going to 'unmake' it then.

      --
      "I Know You Are But What Am I?"
    10. Re:Exactly by mpe · · Score: 1

      The purpose of copyright is to encourage creation of new works. Anything more than 10 years (in my view) is actually counterproductive.

      The questions which need asking are along the lines of "What is the optimal copyright term to do this?" (Which may well differ for different media.) Together with "What is more harmful too much or too little?"

      Derivative works are stymied by the monopoly the original creator has. Sure, you can negotiate and pay big dollar to license a derivative work. But, for example, had Disney been the original creator of "Alice in Wonderland" you can bet that the video game "Alice" would never have been made.

      How much original, work has Disney actually produced? One rather nasty thing Disney likes to do is to deliberatly put their works "out of print".

    11. Re:Exactly by mpe · · Score: 1

      MMmmm, I think that number is maybe a little too restrictive.

      There are quite a few situations where 10 years might be quite excessive.

      If you're talking about 10 years from publication, maybe that's one thing.

      Measuring from publication has the advantage that the date of entry into the public domain can be recorded on every copy. Which makes copyright libraries viable again.

      Also, have you ever heard of a popular album that didn't really "take off" with the public until a year or two after it was released? The songs might not have been heard all that much due to the label's poor marketing or mismanagement of the artist, but under the 10-year copyright clause, the net effect is the same: two years of the artist's legally-allowed "monopoly" time -- the time in which the artist is allowed to profit from the work -- wasted.

      An ability to make a profit is not the same as obliging a profit. Many, possibly the vast majority, of business ventures fail to make any kind of profit.

      The bottom line is that it takes longer for a work to make it into the hands of the public than some people realize. 95 years for copyright seems a ridiculously long time, but 10 seems a trifle short.

      The vast majority of entertainment media make the majority of the money they are ever going to make within a short time of publication. There just arn't that many works which suddenly start making money after decades of obscurity (even fewer if you exclude the works of dead people, who obviously can't be motivated to create more works.)
      Note that the people lobbying for copyright extension here are the tiny minority who's work is still making a reasonable amount of money after half a century. Where are the people saying "give me another 45 years to make a go at it"?

    12. Re:Exactly by Ed+Avis · · Score: 1

      I think the right balance is the original term when copyright was introduced: 14 years, with a possible extension for another 14 while the author is still alive.

      --
      -- Ed Avis ed@membled.com
    13. Re:Exactly by jb.hl.com · · Score: 1

      Anything that encourages Cliff Richard personally to make new works is a bad idea, IMHO...

      --
      By summer it was all gone...now shesmovedon. --
  10. On that note... by Bogtha · · Score: 4, Interesting

    Brits here should check out the petition for private copying on 10 Downing Street's website. It's essentially asking that the government do what the think tank suggested.

    --
    Bogtha Bogtha Bogtha
    1. Re:On that note... by D-Cypell · · Score: 2, Funny

      Prime Minister's Aid: Tony Tony.... hundreds of thousands of people from the British public, you know, the people that actually voted you and your two-faced party into power in the first place are lining the streets telling you not to get involved in an unjust and poorly thought out war in Iraq... what should we do prime minister

      Tony Blair: Fuck em, George says "Go Go Go!".... just give 'em all free Cliff Richards Music or something. That should shut them up!

    2. Re:On that note... by Psychotext · · Score: 1

      I've not seen that site before. It's just asking for an bot with a phone book export and a few thousand automatically handled email addresses... =)

      --
      People that believe in their opinions don't post AC.
    3. Re:On that note... by Strolls · · Score: 1
      Brits here should check out the petition for private copying on 10 Downing Street's website.
      Unfortunately that petition does not seem to have been hugely successful. It has 2230 votes (including the one I just made), whereas the petition to give us the right to slaughter foxes in an inhumane fashion has 11281 votes and the one for Mr Blair to "stand on his head and juggle ice-cream" has 1151 votes (surely likely to exceed the copyright petition by the time it closes in August 2007).

      Stroller.

  11. Hark.. by D-Cypell · · Score: 5, Funny

    If you listen really really carefully, you can hear a faint cheer from the 2 people that A) listen to Cliff Richard and Jethro Tull and B) have mastered P2P music sharing.

    1. Re:Hark.. by wes33 · · Score: 1

      I'm surprised that their nurses put up with having to work the keyboard for them ...

  12. Re:WhoTF? by Trespass · · Score: 3, Informative

    That was a direct quote from Lars Ulrich from when Tull got the Grammy everyone thought Metallica would get, dude. There's some kind of weird poetic justice here.

  13. Re:WhoTF? by Capsaicin · · Score: 1

    Who the fuck is "Jethro Tull"?

    Some guy who invented some new type of plough in the early 1700s.

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  14. Watch out! - Cliff by Anonymous Coward · · Score: 0

    LOL what's Cliff Richard worried about? A mass copying and sale of his out-of-copyright works?
    Yeah, I can see us all itching to queue at the record store or download them on MP3, surely after 50 years anyone who really wants these records has them and the average age of his fanbase is 70 anyway.
      So don't worry about the critical state of fish stocks in the North sea or China's out of control waste dumping into the environent or the eroding ice shelfs. Just f\/cking worry about a few missed sales of Living Doll for God's sake.

  15. Not all good news by Anonymous Coward · · Score: 0
    The decision means that from 2008 Sir Cliff's earliest recordings will start to come out of copyright.

    [SHUDDER]

    And what's up with Jethro Tull, hippies showing their true colors? I think they should make an exception for them. Nobody wants to listen to their shit, I'd pay good money never to hear any JT again.

    1. Re:Not all good news by Anonymous Coward · · Score: 0

      Hey now mister! 'Songs From the Wood' was a DAMN fine album to bang your D&D playing girlfriend to!

      ('Cup of Wonder' indeed!)

    2. Re:Not all good news by Anonymous Coward · · Score: 0

      Well she never told me she was into D&D... Wait just one dang minute you dirty hippy, what can you tell me about these pimples on my Johnson?

    3. Re:Not all good news by Anonymous Coward · · Score: 0

      Sorry dog, that pimple IS your Johnson!

    4. Re:Not all good news by ettlz · · Score: 1
      I'd pay good money never to hear any JT again.

      Then get a Zune.

  16. So, which is it? by Frosty+Piss · · Score: 3, Interesting
    The write-up says that surveys say the UK public supports extending copyrights. But then he says in reference to the MPs refusing to extend copyrights: "Looks like the government is realizing that the public are the ones that vote 'em in or out."

    So, which is it?

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:So, which is it? by mccalli · · Score: 3, Interesting

      The write-up says that surveys say the UK public supports extending copyrights. But then he says in reference to the MPs refusing to extend copyrights: "Looks like the government is realizing that the public are the ones that vote 'em in or out."...so which is it?

      The survey in question is a beautiful piece of work, which never actually asked the question "how long do you think copyright should be?". Instead, the question offered was "Do you think UK artists should be afforded the same protection as US artists?". To which my answer would be "yes, but..." meaning that US copyright should be reduced to 50 years, not UK extended to 95.

      Cheers,
      Ian

    2. Re:So, which is it? by s7uar7 · · Score: 3, Funny

      It was a recording industry survey that came up with the 'UK public supports extending copyright' statistic. I imagine it was worded along the lines of, 'should copyright be extended beyond 50 years or should pre-school children be forced to work down mines?

    3. Re:So, which is it? by chiark · · Score: 1

      Read the linked article about the survey - the British public was asked a question to see if we should offer British artists the same level of copyright protection as our American cousins enjoy. Even then, only 62% said yes. It was a loaded question, and the point of including it was to show that I was surprised and very, very happy when I saw that the extension wasn't happening especially given the recent rumblings to sway opinion.

      Extension of copyright is IMHO bad for so many reasons, and the linked discussion of the review of UK copyright is a very, very good starter for ten which, if nothing else, would allow fair use in law...

  17. Re:WhoTF? by Anonymous Coward · · Score: 0

    Yeah! Who is Jethro Tull and why is it so goddamn hard to use a search engine or ask type that name into wikipedia?!
    Whooosh! Grammy, Metallica, Hello?

  18. Re:WhoTF? by Trespass · · Score: 1

    The seed drill, actually. Instead of broadcasting seed by hand, it always placed seeds a set distance in the ground, increasing yield substantially. I suppose it has vaguely suggestive connotations...

  19. Oh save us, Cliff Richards, the people's poet! by hemp · · Score: 3, Funny

    Oh save us, Cliff Richards, the people's poet!

    --
    Skip ------ See the latest from http://www.anArchyFortWorth.com
  20. Unless the creator never dies... by David+Nabbit · · Score: 0

    Then people will start putting themselves in suspended animation when they are near death so that the copyright will never expire.

    --
    "Her idea of wit is nothing more than an incisive observation humorously phrased and delivered with impeccable timing."
    1. Re:Unless the creator never dies... by MichaelSmith · · Score: 1
      Then people will start putting themselves in suspended animation when they are near death so that the copyright will never expire.

      Better than spending a year dead for tax reasons.

  21. Re:WhoTF? by Anonymous Coward · · Score: 0

    Errr Jethro Tull the inventor of the seed drill died several hundred years ago. Hardly in a position to lobby for a copyright extension.

    Jethro Tull is somewhat well known 60s band (not a person)... and one of the greats, imo. If you want to attach a name to them it would be Ian Anderson, the frontman/flautist.

  22. Copyright Extensions are Theft by Jah-Wren+Ryel · · Score: 5, Insightful

    The pro-copyright crowd loves to scream "theft" when the crime is technically copyright infringement and even though a person has a new copy, the original copy owner hasn't lost possession of his copy.

    But here I think "theft" is the right term.

    These works were published and purchased under the terms of copyright at the time - that after a specified number of years ownership would transfer to the public domain - we would all own it.

    When copyrights are unilaterally extended, as has been the case many times recently, the public is deprived of the ownership that they were promised under the original agreement. In this case, we have something that is tangibly missing - public ownership of the work and I think that fits the definition of theft far better than making copies does.

    --
    When information is power, privacy is freedom.
    1. Re:Copyright Extensions are Theft by SinGunner · · Score: 5, Insightful

      damnit. i wanted to rate this up, but 5 is the max. where's the (Score:6, Really Insightful) option?

    2. Re:Copyright Extensions are Theft by ottffssent · · Score: 2, Informative
      You're absolutely right. Retroactive copyright extension is unconstitutional by definition. Article 1, section 8 is very clear:

      The Congress shall have Power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries


      Goal: promote the progress... And method: secure exclusive rights. Not the other way around.
    3. Re:Copyright Extensions are Theft by agenaud · · Score: 1

      1474 Venetian Statute granted patent monopoly for 10 years after communicating a new invention to the Republic

      1491 Peter of Ravenna secured from the Republic of Venice exclusive right to print and sell Phoenix

      1449 Henry VI of England grants a 20 year letters patent to a Flemish manufacturer of stained glass

      1623 Statute of Monopolies limits patents to only new or newly imported inventions under King James I of England

      1709 The Statute of Anne vests authors with a 14 year monopoly of reproduction in Great Britain

      1787 Article I of the United States Constitution empowers Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      1790 Copyright Act provides a 14 year renewable copyright in the United States

      [... 200 years of intellectual monopoly extensions ...]

      1994 WTO's Agreement on Trade Related Aspects of Intellectual Property Rights set minimum copyright terms to 50 years post mortem, 20 year patent monopoly, automatic copyright, defines computer programs as literary works, constrains terms of fair use, and requires that patents are granted in all fields of technology

      1998 Copyright Term Extension Act extended copyright to 70 years post mortem in the United States

      1998 Digital Millennium Copyright Act criminalized technology that circumvents measures to protect copyright in the United States

      2001 Directive 2001/29/EC criminalized technology that circumvents measures to protect copyright in the European Union

      2005 the Directive on the patentability of computer-implemented inventions (2002/0047/COD) was rejected by the European Parliament

      2006 Pirate Party of Sweden founded with an agenda to reform intellectual property laws and the right to privacy with similar political parties sprouting elsewhere in the world

      http://genaud.net/2006/11/the-revolution-will-be-d igitized/

      --
      3E51A207
  23. So if it's 50 years in the UK... by Anonymous Coward · · Score: 0

    Does that mean the copyright on, for example, Mickey Mouse is expired and it's considered public domain in the UK? Or is that copyrighted in the US and the UK agrees to honor our terms? If it's the latter, what separates the creation of a UK copyright from a US copyright? I'm under the impression there's no formal paperwork that needs to occur for copyright like there is a patent.

    1. Re:So if it's 50 years in the UK... by cpt+kangarooski · · Score: 1

      Copyrights are all national. There's no such thing as an international copyright. There are, OTOH, agreements between countries where if a person gets a copyright in Country A, he will automatically also get one in Country B.

      So yes, it is possible for Mickey Mouse to go out of copyright in the UK but still be in copyright in the US. In fact, for Peter Pan, the inverse situation exists; here in the US, it's in the public domain, but in the UK it's (very stupidly) still copyrighted.

      I'm under the impression there's no formal paperwork that needs to occur for copyright like there is a patent.

      Of course, that's a huge mistake. The paperwork needn't be complex or costly, but it is important that it exists so that we can limit copyright to only those works where the creator bothered to ask for one. If he is unwilling to ask, I'm unwilling to have the government give him one. Why should anyone else care if he apparently doesn't?

      --
      -- 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:So if it's 50 years in the UK... by Eternauta3k · · Score: 1
      If it's the latter, what separates the creation of a UK copyright from a US copyright? I'm under the impression there's no formal paperwork that needs to occur for copyright like there is a patent.
      I'm guessing it's like you said, but the US will allow you to bitch* about others copying your work for 95 years, while the UK won't give a crap after 50 years.

      *Whoops there it is again!
      --
      Yeah. Would you choose a neurosurgeon who pokes around people's brains in his spare time? I wouldn't.
    3. Re:So if it's 50 years in the UK... by Merusdraconis · · Score: 1

      "In fact, for Peter Pan, the inverse situation exists; here in the US, it's in the public domain, but in the UK it's (very stupidly) still copyrighted."

      That's a special case: the stage play copyright of Peter Pan, and only the stage play copyright, is perpetually owned by a British hospital at the wishes of the play's author. For all other intents and purposes it's out of copyright. (This doesn't stop the hospital suing people for infringing on copyright they don't actually own, however.)

    4. Re:So if it's 50 years in the UK... by tverbeek · · Score: 2, Informative
      The paperwork needn't be complex or costly, but it is important that it exists so that we can limit copyright to only those works where the creator bothered to ask for one.
      Like it or not, that idea's dead in the water. While registration used to be required in certain minor jurisdisctions (e.g. the U.S.) the terms of the Berne Convention require that "formalities" of this sort be abolished. The U.S. dropped them in '78.
      --
      http://alternatives.rzero.com/
    5. Re:So if it's 50 years in the UK... by cpt+kangarooski · · Score: 1

      That doesn't stop it from being stupid.

      --
      -- 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:So if it's 50 years in the UK... by cpt+kangarooski · · Score: 1

      It's an idea worth fighting for, along with reducing term lengths, getting rid of the Berne Convention, etc. Giving up on reform is what would ensure that the idea dies. That's why we mustn't do that.

      Incidentally, I wouldn't call the US a minor jurisdiction as far as copyright goes. We're one of the most important ones.

      --
      -- 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:So if it's 50 years in the UK... by geekoid · · Score: 1

      In the US you automatically have copyright, no paperwork needed. Now, you can register your copyright which adds weight to when the work was created. The idea being that a poor writer can be protected.

      In some countries you have to submit your work to be copyrighted.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:So if it's 50 years in the UK... by Anonymous Coward · · Score: 0
      Incidentally, I wouldn't call the US a minor jurisdiction as far as copyright goes. We're one of the most important ones.
      "Irony? Sorry, we don't get that very often around here."
    9. Re:So if it's 50 years in the UK... by geminidomino · · Score: 1

      I'm not sure about the status of Steamboat Willy (the first MM cartoon) but I'm pretty sure Mickey et al aren't a copyright concern, but rather a trademark.

    10. Re:So if it's 50 years in the UK... by Anonymous Coward · · Score: 0

      Ah yes it is incredibly stupid to create a special provision in the law to give a children's hospital extra money.

    11. Re:So if it's 50 years in the UK... by cpt+kangarooski · · Score: 1

      In the form of copyright, yes. It's very reminiscent of the infamous playing card monopoly. If you want to give them extra money, then give them money out of the general fund, or give them money that isn't dependent on how popular a specific play happens to be on a particular year, which could vary significantly.

      --
      -- 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.
  24. Re:WhoTF? by Anonymous Coward · · Score: 0

    Whoa, Metallica is actually a MUSIC GROUP now?

  25. Simple option by Anonymous Coward · · Score: 0

    Ten years for a flat fee. Then you can extend in periods of 12 months, with each extension costing double what the previous one did. Maximum 20 years. Otherwise, by the 30th year or so, it's cheaper just to buy a new government.

  26. Yah for commercial-only copyright by QuantumG · · Score: 4, Insightful

    copyright should not apply to personal use, period. Can we have a law that has some relationship to its enforcability please? Here's a litle experiment for ya:

    Go see your mother (you should anyway), have a look through her CD/DVD/sewing pattern collection (which she has depends on age of your mother), pick one you like and ask "can I have a copy of this?" I absolutely guarentee she will say "yes." If she doesn't, it's probably because you never visit her.

    Now I ask you, if a law exists that everyone's Mom is willing to break, what the hell kind of society are we living in?

    --
    How we know is more important than what we know.
    1. Re:Yah for commercial-only copyright by geobeck · · Score: 1

      Go see your mother... have a look through her CD/DVD/sewing pattern collection (which she has depends on age of your mother), pick one you like and ask "can I have a copy of this?" I absolutely guarentee she will say "yes."

      The thing about absolute guarantees is that they're absolutely guaranteed not to apply universally. I'm sure my mom wouldn't tell me to go ahead and copy her DVDs or CDs. When she was in charge of a small Canadian university (she just retired), she dealt with copyright crap every day, policing the departments, making sure they didn't exceed their Access Copyright restrictions--not that she agreed with them on principle, but there was significant legal liability if a teacher started handing out photocopies of (*ahem* grossly overpriced) textbooks.

      If she doesn't, it's probably because you never visit her.

      Nag, nag, nag... okay, I'll make the 2000 mile trip next summer.

      --
      Find environmentally and socially responsible products on http://buy-right.net
    2. Re:Yah for commercial-only copyright by Anonymous Coward · · Score: 0
      Now I ask you, if a law exists that everyone's Mom is willing to break, what the hell kind of society are we living in?
      I know! You are so right on! We need to come down a lot harder on all those copyright-infringing mothers out there! The RIAA is already pulling their weight; the rest of us need to get off our duffs and contact our congress-critters!
    3. Re:Yah for commercial-only copyright by Anonymous Coward · · Score: 0

      Who cares anyway...

  27. This does not apply to UK copyrights in general by tverbeek · · Score: 4, Informative

    This applies only to music recordings, not to copyrights in general. For other works (such as the musical compositions and lyrics themselves), the rule in the UK is that copyrights last for the life of the creator plus 70 years. Although the recordings of the Beatles' early recordings may become PD in the UK in 2013, even if Paul were to choke on a stalk of brocolli tomorrow morning, all those Lennon-McCartney compositions would still be copyrighted until 2077, and until then you wouldn't be able to make copies of "I Wanna Hold Your Hand" without paying composition royalties to... well... Michael Jackson, I guess.

    --
    http://alternatives.rzero.com/
    1. Re:This does not apply to UK copyrights in general by saforrest · · Score: 1

      all those Lennon-McCartney compositions would still be copyrighted until 2077, and until then you wouldn't be able to make copies of "I Wanna Hold Your Hand" without paying composition royalties to... well... Michael Jackson, I guess.

      Are we talking about new copies, or any copies? If I wanted to cover "I Wanna Hold Your Hand", presumably I'd be paying royalties to Jackson, but what if I wanted to put an mp3 of the original Beatles recording online? If I can't, in what sense can it plausibly be described as "public domain"?

    2. Re:This does not apply to UK copyrights in general by randomalias · · Score: 1

      I believe that Jackson only owns the production rights to the Beatles catalogue, and therefore the rights to distribute the versions that exist.

      That exactly the thing that's going out of copyright - the productions, not the music in a written down, literary sense.

      So in the next decade, McCartney and (I suppose) Yoko Ono still get royalties from the recordings, because they own the copyright to the words and score, Jackson, who only owns the production of those recording, will get nothing.

      Which is fair enough. "We are the world", my arse.

    3. Re:This does not apply to UK copyrights in general by mrogers · · Score: 1

      True, but if you want to record a cover version you only have to purchase a mechanical license - the price is fixed by law, so the copyright holder can't charge an unreasonable fee or prevent you from using the composition.

    4. Re:This does not apply to UK copyrights in general by tverbeek · · Score: 1

      In the sense that you won't have to pay royalties to John, Paul, George, and Ringo (or their estates) for their performance.

      --
      http://alternatives.rzero.com/
  28. Who are they trying to please, again? by SeaFox · · Score: 1

    This summary contradicts itself. How is this an example of "the government realizing that the public are the ones that vote 'em in or out" when there were "surveys said that the public supports extending copyright" and Parliament then did not extend copyright to 95 years?

    1. Re:Who are they trying to please, again? by LordLucless · · Score: 1

      If the survey was invalid in some way - poorly selected sample, biased questions, etc - then the statement wouldn't be contradictory.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    2. Re:Who are they trying to please, again? by chiark · · Score: 1

      The survey was indeed invalid - it was asking if British artists deserve the same level of protection as their colleagues in the good ol' US of A.

      People, surprisingly, said "yes" without knowing what they were really saying yes to.

      I should have mentioned that, but it was late, I was tired, I'd had a few glasses of wine and was waiting for my seven week old son to wake up demanding feeding. Mea culpa!

  29. Living in the past ... by karearea · · Score: 2, Informative

    ... to quote a song title from Jethro Tull.

    A few years ago I bought another CD in my quest to get the complete collection of Jethro Tull. Got it home and it wouldn't play in my car ... mutter mutter ... it was one of those protected 'CDs'. So I stuck it in my pc (Windows 2000 with Cdex) and sucked it out to ogg. And then went to the web site and sent a message off telling Ian Anderson what I thought of the copy protection scheme.

    'The Tull' still make great music, but they seem a bit confused of the whole where we are now. They seem to be a bunch of 'Heavy Horses' - beautiful things but outdated :-(

    Extending copyright has some advantages, but disadvantages as well - how many musicians started off signing their soul away to the record company to discover that the record company own their work. Changing record companies can mean that they can't include a recording of theirs in their greatest hits (I'm reminded of a hit of Donovan's "Catch the Wind" that had to be rerecorded for a greatest hits CD). Having stuff slide out of copyright means that those 'souless' musicians can reclaim their music. Of course those that have been able to retain the ownership of that are likely to protect what they can to the detriment of the greater public, and ultimately themselves.

    Just my highly opinionated thoughts.

    1. Re:Living in the past ... by east+coast · · Score: 1

      how many musicians started off signing their soul away to the record company to discover that the record company own their work.

      So copyright laws are to blame for someone else's bad business dealings? Please.

      It's a product. Some products are good and sold short others are crap that come with a high price tag. The buyer and seller need to take it for what it's worth.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  30. Re:WhoTF? by Capsaicin · · Score: 1

    Just checked Wikipedia, according to which we are both correct. He invented the seed drill and ...

    ... also advocated the use of horses over oxen, invented a horse-drawn hoe for clearing weeds, and made changes to the design of the plough which are still visible in modern versions.

    I think it was actually the hoe I was thinking of, having seen a pic of some such thing in a history book way back at school ... which was about the same time that Jethro Tull were having their hay day.

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  31. Promotional Considerations by Doc+Ruby · · Score: 2, Insightful

    I hope the lawmakers eventually realize how much that fair use contributes to the value of the content. How content's value after a generation, when pop can pass into folk (or disappear), is created at least as much by the people sharing it as by the people creating it.

    And I hope they then consider the American founders who created an artificial monopoly "to promote progress in science and the useful arts" as temporary, a concession of some freedom to the reality of capitalism. The reality of 1700s capitalism, which took a lot longer for inventors to recoup their risky investment than in the Internet Age.

    Then, I hope, they recognize that the past couple of centuries of promoting progress in science and the useful arts have created a world where copyrights can last even less than the original 17 years, a human generation. And even carve out exceptions to copyright that not only accommodate freedom and less risky investments in invention, but serve to promote, rather than retard, that progress.

    Useful innovation in copyright law. That would promote progress.

    --

    --
    make install -not war

    1. Re:Promotional Considerations by Doc+Ruby · · Score: 1

      Moderation -1
          100% Troll

      Slashdot, where an intelligent discussion of copyrights draws the ire of Anonymous TrollMods. They should patent their clever invention.

      --

      --
      make install -not war

  32. Re:Suggestion: Until Death of Creator (OT) by geobeck · · Score: 1

    Oh great, now I've got "Decomposing Composers" by Monty Python stuck in my head.

    I'd hum a few bars, but the Copyright Cops would take me away.

    Lyrics here if anyone is interested.

    --
    Find environmentally and socially responsible products on http://buy-right.net
  33. I dunno... by 93+Escort+Wagon · · Score: 1

    When it comes to Cliff Richard and Jethro Tull, I think the British government should make an exception. The last thing I want to hear is someone covering their songs - having to listen to the originals is painful enough.

    Please, in the name of all that's holy - extend their copyrights!

    --
    #DeleteChrome
    1. Re:I dunno... by Anonymous Coward · · Score: 0

      Cliff didn't write those songs anyway, so nothing will change.

  34. The *copyright* is the property, not the idea by Geof · · Score: 5, Insightful

    I'm just uncomfortable with society appropriating my property when "it" feels I've had it long enough.

    It seems to me the idea (piece of music, recording, whatever) is not and cannot be property (at least not in the sense that physical objects or land can be property). The copyright itself - i.e., the limited-time monopoly created and enforced by the government - is the property. Let me emphasize that: the property here is created by the government. As an encouragement for artists and others to produce ideas, society rewards them by creating a kind of property and granting it to them. Society moreover provides resources for the enforcement of that property right. But the right is time limited: after a certain period, society no longer recognizes or enforces the right it previously granted.

    Think of it like this. You write a song. You take that song to the government, and they give you a document stating that you have an exclusive right to copy and perform that song for the next N years. The song may not be property, but the document certainly is: its ownership is enforced by the law, you can sell it, and so forth. When those N years are up, you still have the document, but the rights in conferred have expired. Did anyone take anything away from you? On the contrary, they gave you something. Oh, and incidentally, you still have the song you wrote.

    These days there's no document proving your rights; the grant is automatic. I don't know if there ever was such a document, although filing used to be required. The point is, copyright is a social construct, and the right is property. Ideas, on the other hand, are not.

  35. Obligatory Young Ones quote... by grrrl · · Score: 1



    Oh Cliff, sometimes it must be difficult to feel as if, you really are a cliff... when facists keep trying to push you over it! Are they the lemmings or are you Cliff, or are you Cliff?

  36. I just sent the following to Ian Anderson by erroneus · · Score: 1

    Just read your statements regarding copyright extensions. I think it's way off.

    The arts are for the people. ALL of the people. You became an artist not because you wanted to make money, but because you enjoyed the arts and because you enjoy that other people appreciate your arts as well. The money is a means of survival and maybe a bit more.

    More than that, when you started creating recordings for profit, you did so under the knowledge and assumption that there were limits to copyright. It was your social contract with the world that you would gain benefit under that agreement with the promise and obligation that you would release your art to the world when the time is up. To go back on that agreement is less than honorable.

    1. Re:I just sent the following to Ian Anderson by Anonymous Coward · · Score: 0

      Yeah, you'd probably be singing a different song yourself if you took years to gain a skill, put tons of money into your "hobby" and then probably staked up what little money you had left to put out an album. I'm glad you slashdot fucks think that a CD costs are over bearing but you expect an artist to gamble on your goodwill in order to put bread on the table. putting out a CD for a small band is literally make or break. you took the safe path and now you're upset because these guys want to get paid?

      And who the fuck are you to tell Ian why he got into the music business. It is a business and anyone who doesn't see that early on is going to be one of the bargain bin one-release bands that end up washing dishes for the rest of their lives. Ian is well known in the music world for being a hard working man who has put a ton into his music and he deserves to be paid. If you think otherwise don't buy his fucking works.

    2. Re:I just sent the following to Ian Anderson by geminidomino · · Score: 1

      Oh look, another AC calling out the Waaahmbulance for the poor, starving artists. After all, why shouldn't they get special treatment for doing the same thing every enthusiastic-larval-hacker-turned-pro did (spending years and tons of money to gain a skill). They're *artists!* They should be able to fire off one-shot and live on it for three generations!

      Gimme a break. You forgot to trot out the old canard about the measure of a society being how it treats its artists, or similar bullshit drivel. Life is a risk. Some twat decides to drop out of high school to dedicate all his time to XTREME GARAGEBAND BLUD MUNKEE SPANKERS and now is a 38 year-old fry cook, boo hoo. Think of the artists, and thier childrens!

      What a bunch of whiney, mealy-mouthed bullshit.

    3. Re:I just sent the following to Ian Anderson by Anonymous Coward · · Score: 0

      They GOT paid. A lot. For many, many years, as a matter of fact. Now it's time to pay up for the protection copyright gave them, and they're whining and trying to weasel out of it by trying to get copyright extended. And YOU have the gall to cry about the slashdotters? Please, gimme a fucking break.

      You're either grossly ignorant, or you're a miserable little troll.

  37. Intellectual property defense by PCM2 · · Score: 1
    Much as I love Jethro Tull, I can't agree with Ian Anderson's position on this issue.

    ...especially considering that there's a much more effective intellectual property defense he could mount. All he needs to do is patent the system and method of playing a flute while standing on one leg, et voila! The legacy of Tull is protected forever.

    --
    Breakfast served all day!
    1. Re:Intellectual property defense by elronxenu · · Score: 1
      I've tried it; it's harder than it looks. Definitely non-obvious even to somebody not skilled in the art (like me).

    2. Re:Intellectual property defense by iainl · · Score: 1

      No, patenting a method is what you do when you've invested billions of drug company money in developing something, not just figured that you strike an recognizeable pose if you play on one leg. That's why the law rewards patent holders with the incredibly long term of, oh, 20 years.

      Ah.

      --
      "I Know You Are But What Am I?"
  38. Re: Copyright Reductions by TaoPhoenix · · Score: 1

    All of this is of course ten-plus years away itself. After all, we just saw a fresh Zune full of TurboCopyright emerge to great cheer by all ... industry professionals. I'm dying to see First Quarter results of sales to non-Christmas people.

    Since I know for a fact we'll never see 25 year terms, I won't bother to wish for them. Plus, I am sure there are stories lurking about how it took more than 25 years of negotiations for movie deals to get offered, dropped, stalled, etc.

    The big thing the xxAA types are terrified of is horrible commercialization of their former corporate bastions. We all like to trumpet "the honest artist" but there's a real concern that some jerk ad firm will just start pitching cereal to kids with Mickey Mouse. "Why not? It's Public Domain".

    IF we somehow magically limited ourselves to "literary uses", I could live with 50 years. From today, that would make it 1958 ... not quite impressive. But 14 years from now the incalculable cultural wealth of the 1960's would be opened up.

    The preview word for this post is Conserve.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  39. You nailed it by Infonaut · · Score: 1

    Yeah, and that's the problem with copyright law, people think it exists to "reward artists" or something.

    In America, most of the people I get into conversations with about copyright are utterly clueless about the intent of copyright. What I find most amusing/sad, is that the very people who bark loudest about the rights of copyright owners are usually the folks who are most surprised that the "moral right of the creator" argument stems from the Berne Convention, and was until quite recently vigorously avoided in the United States. They get downright surly when I tell them they're parroting a notion first advanced by Victor Hugo. As interpreted today, creativity flows out of the copyright holder without any influence, guidance, inspiration, or support from the larger culture. Every artist is an island.

    I shouldn't be suprised by this, I suppose. We're usually quite unwilling to do anything these days on behalf of collective good, if it in any way denies the individual the right to pursue maximum greed. After all, it's right there in the Constitution. ;-)

    --
    Read the EFF's Fair Use FAQ
    1. Re:You nailed it by The+One+and+Only · · Score: 1

      What do they have against Victor Hugo?

      Marx teaches us that it is evil to alienate the worker from the fruits of their labor. The capitalist, by selling the fruits of the worker's labor for his own profit, enslaves the worker. This leads us to a bizarre quandary--if the worker is a musician, then while it is wrong for the capitalist (the record label) to alienate the musician from his labor, copyright is still necessary to protect the worker's right to his own labor.

      Most of the second paragraph is complete bullshit based upon my incomplete understanding of Marx, but if you, as I do, believe in the principle of self-amusement, I encourage you to try that argument out. It really pisses pro-copyright people off to call them Marxists.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  40. Re:WhoTF? by Anonymous Coward · · Score: 0

    I've seen Anderson quoted as saying they changed their name regularly in the early days because the were so bad they couldn't get gigs for very long under the same name. "Jethro Tull" just happened to be the one they were using when they hit it big. Don't underestimate Anderson; he's a _very_ good businessman, perhaps a little to the ruthless side judging from the revolving door appearance of the band's lineup.

    (Nice login, BTW. (We just got back from Santa Fe (ouch...)))

  41. Re:Suggestion: Until Death of Creator (OT) by Anonymous Coward · · Score: 0

    Oh great, now I've got "Decomposing Composers" by Monty Python stuck in my head.

    I'm afraid there's not much anyone can do for that.

    (The reference is somewhat cheapened by the fact that the poster linked to the lyrics...)

  42. Re: Administrative Time to deliver a deal by TaoPhoenix · · Score: 1

    I am completely against "3 year terms" etc.

    This is not about giving some teenagers mp3's and telling them to propigate them far and wide. The big bucks are in movies, and those take years to organize. Then if a snag occurs, it gets delayed another decade. See for example the new Superman movie. Regardless of your opinion, the one thing the makers could be sure of was the stability of the copyright term while they struggled to make the movie.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  43. Copyright Extensions are Piracy! by Blue+Stone · · Score: 1

    "Theft" is a fair term, but I think "Piracy" is even better.

    Pirates (on the high seas - with the various missing limbs, gold-lust and parrot-shit stains down their backs) essentially stop a cargo from reaching its destination, taking it for themselves.

    The extenders of copyright do the same - prevent various artistic works from reaching their destination - the public domain. Ergo, (perpetual (and we all know they're perpetual)) Copyright Extensions are Piracy.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  44. unknown names by Anonymous Coward · · Score: 0

    Never heard of Sir Cliff Richard and Jethro Tull before. Perhaps I live in a small corner of Europe.
    One thing is sure, they should get shot both for even coming up with idea of extending copyright time.

  45. BPI Defense by paintswithcolour · · Score: 1
    I'm not quite sure what the BPI were thinking in rolling out Cliff Richard in defense of this law...it smacks heavily of greed and dosen't exactly pull at the heart-strings. Am I expected to believe that not extending copyright will ruin his life? Put him out on the streets? I don't think so. Show me artist who will be really effected by not changing this law and I'll start considering a real argument here...but they don't appear to be producing one.

    The Reg article is clearly biased but does raise the obvious suspicion I have about the government survey. More than anything it highlights the ignorance of the British public towards IP-related matters.

  46. Push polling... by conradp · · Score: 3, Insightful

    The fact that this was an online poll means that it's not scientific, the results totally depend on what sites they put the question on and what sorts of people decided to respond.

    Also the way the question was phrased: should [UK recording artists] be protected for the same number of years as their American counterparts?is a blatantly biased way of asking the question. Sounds like they wanted to drum up some phony polls to present to parliament, and it sounds like they're not buying it.

    --
    "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
  47. This quote is not about copyright .. by lucychili · · Score: 2, Informative

    Which perhaps highlights that there are wider patterns in the way that broken laws/treaties/politics are being
    crafted to suit specific interests while basically breaking democratic systems overall.

      This conception is both atomistic and unrelational. It takes the form of individual security-seeking practices that are self-defeating and in a profound sense oxymoronic (Loader 1997b), an 'expression of the desire for sovereign agency' (Markell 2003: 22) that depends upon and projects a semblance of security produced by lifting oneself out of co-existence with others in order to render one's own existence less contingently vulnerable and the future more predictable. These practices are often at the same time exercises of private power. They eschew democratic political life in order to achieve 'distributive outcomes according to one's assets, skills and preferences' (Offe 2003: 450) in a manner corrosive of the forms of trust and solidarity upon which any sustainable notion of the public good of security draws and, in its turn, replenishes. Neo-liberalism remains committed, in other words, to forms of security that 'organize the world in ways that make it possible for certain people to enjoy an imperfect simulation of the invulnerability they desire, leaving others to bear a disproportionate share of the costs and burdens involved in social life' (Markell 2003: 22).
    http://libertysecurity.org/article232.html

  48. Then Ian should pay other people by Anonymous Coward · · Score: 0

    Well, the way Ian puts it he should also pay some money to the living relatives of the guy invented the flute, the records, the microphone and all other things he used to make music.

    In life we all benefit from the stuff that other people who lived before us created, why wouldn't Ian want to return the favor?

  49. So why should other people make money off my work? by Anonymous Coward · · Score: 0

    I just wrote the greatest song ever. I'm going to keep it to myself though, I don't want other people selling it in 50 years time. Shame.

  50. Hey, that's my idea! by The+One+and+Only · · Score: 1

    You stole it!

    --
    In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  51. Mod Greatgrandparent as UNDERRATED by Anonymous Coward · · Score: 0

    Instead of modding parent as informative (which it is), it might be fairer to mod the greatgrandparent as underrated, since the guy's too clever joke got him unfairly modded as a troll

  52. Re:So why should other people make money off my wo by Anonymous Coward · · Score: 0

    s/Shame\./Good!/

  53. Ironic... by surfcow · · Score: 0, Redundant

    Ironic that Ian Anderson named his band after Jethro Tull, who pioneered scientific agricultural methods, (like planting food in rows) and many improved tools. If Tull had doggedly protected HIS intellectual property, we would still be using the same tech we did in 1700.

    Someone explain how this serves mankind?

    1. Re:Ironic... by MysteriousPreacher · · Score: 1

      The only possible benefit would be to save us from Cliff Richard releasing new records. If the elderly Christian consumer will continue to buy his old stuff, he can just live on those royalties.

      --
      -- Using the preview button since 2005
    2. Re:Ironic... by FunWithKnives · · Score: 1

      I actually found it ironic because Ian Anderson has described himself as an anarchist. Pushing for copyright extension (or any copyright at all, for that matter) isn't very anarchistic, now is it? Sad, as well, because I really like the band's music.

      --
      "We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
  54. Living in the Past! by Anonymous Coward · · Score: 0

    Times have changed; Anderson needs to get with them. It's just not the age of vinyl any more ...

    Speaking of which, I had been planning to replace my old, nearly worn-through old "MU: the Best of ..." LP with the CD update. Then I read Anderson's diatribe. IMHO he's just being greedy; I think now I'll just go download what I want.

  55. Damn it! by crhylove · · Score: 1

    Now there's ANOTHER artist that I have to hate, even though I used to like their music.

    The NEW list:
    1. Metallica
    2. Aimee Mann
    3. Alanis Morissette
    4. Christina Aguilera
    5. Blink-182
    6. Sarah McLachlan
    7. Garth Brooks
    8. Jethro Tull

    When will these idiots learn that they are only ALIENATING any of their fans with decent usage of the cerebellum and a modicum of news reading?

    OK, actually, seriously, after looking at that list again, I realized that each of those artists was probably the worst in their field, so maybe by losing all their educated fans, they're actually doing society a favor.

    IDIOTS. If you can't make a living PLUS retirement with a 50 year copyright, then you are obviously shitty and most likely a moron.

    rhY

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    1. Re:Damn it! by iainl · · Score: 1

      I rather like Aimee Mann (which is to say I've bought most of her albums; I've no idea about what she says in interviews or anything like that) - when did she say that, then?

      --
      "I Know You Are But What Am I?"
    2. Re:Damn it! by balloonhead · · Score: 1

      I think you mean the cerebrum.

      Unless you mean that they need to be more physically co-ordinated, particularly with repetitive movements such as walking?

      --
      This idea was invented by Shampoo.
    3. Re:Damn it! by crhylove · · Score: 2, Insightful

      She was part of the whole "Artists against Piracy thing" back in the Metallica debacle. You can google it, there are articles about it, and a mention in wikipedia as well. Now, granted on many other issues she seems pretty cool, and even reasonably informed and on topic.

      The simple fact is slouch musicians who can't deliver live are going to have to, or get out of the way. Making money off of a record is a dead horse. It'll be a quaint idea in 20 more years.

      The only real losers are the record companies anyway, since artists usually make the bulk of their income off of live shows already.

      What with Sony's rootkit shenanigans, and the over all AWFUL music that has been funded by the record companies over the last 50 years, well, I say good riddance.

      I play in a band, and I'm prepared to give the album away at cost and make money on shows now. So should anybody else, unless they are lazy ingrates. If you can't do a live show you have no business making music anyway (I'm looking at YOU everyone on MTV and almost all of R&B!!).

      rhY

      --
      I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    4. Re:Damn it! by iainl · · Score: 1

      Ah, I see. I'm against piracy, and some of the music I like really doesn't work live, I'd disagree. Sure, rock is best live, but it's just not possible to see orchestras in concert particularly frequently, because the number of musicians makes the cost prohibitive. If artists aren't going to make any money off the record, you remove the incentive to make the production as good as it can be, and my ears don't want to live by garage punk alone.

      On the other hand, I'm not in favour of this copyright extension, either. Anderson made those Tull albums under a law that said mechanical copyright would expire 50 years later, and I see no reason why he should get to change that contract with the state now, just because no-one wants to buy his new stuff. If he _does_ want copyright ot last his lifetime plus 70 years, then he needs to write his own tunes, rather than simply record someone else's.

      Besides, recording a song isn't the most complicated thing to do in the world. Research and manufacture the cure for a cancer, and you'll only get a patent that will last you a mere 20 years. Anderson really is complaining that the UK Government only regards his record as two and a half times the value.

      --
      "I Know You Are But What Am I?"
  56. This is actually very important by jesterzog · · Score: 2, Interesting

    If you listen really really carefully, you can hear a faint cheer from the 2 people that A) listen to Cliff Richard and Jethro Tull and B) have mastered P2P music sharing.

    Exactly. And this is why the likes of Jethro Tull and Cliff Richard, Disney, and other prominent copyright holders, should not be allowed to be the excuse for across-the-board extensions in copyright terms. They only own a tiny niche of the entire copyright-able work that's out there, and making massive changes just so a small minority of successful copyright owners can keep their monopoly benefits hardly anyone.

    I couldn't care less about Disney's works, or about Cliff Richard's works. They still make their work available at reasonable prices for people who actually want them. What does irritate me is when continuous copyright extensions prevent lots of the valuable work that isn't being re-published from being reproduced by people who want to keep making it available for society. In many cases, the copyright owners are difficult to locate, or aren't interested enough to bother with releasing copyrighted works. To make sure that society gets paid back for the artificial fixed term monopoly, copyright expiration is very important.

    If a niche of copyright owners care so much about their work, then the laws should instead be changed to allow for only those creators who care to extend the copyright on their work. Let copyright holders apply for extensions if they want to keep their rights. Ironically this is exactly how the US did it in the first place, and that's when they had it right. A useful addition might be to require that copyright holders also demonstrate that they're making the work they hold available to society for reasonable commissions.

  57. The survey by Anonymous Coward · · Score: 0

    Actually, the government surveys are often completely wrong. The Home Office ran a survey about ID cards and found "overwhelming public support", yet the Scottish Parliament and most councils in England and Wales have voted to boycott them. Also, the BBC ran a survey where 80% voted against ID cards....in two separate polls.

    Its not ignorance. Its the government twisting the facts.

  58. What About The Workers? by plugholeUK · · Score: 1

    Oh how my heart bleeds over these impoverished souls. Sir Cliff, Sir Mick Jagger, Sir Elton John: Where were you when thousands of coal miners, steel workers, and the rest of us peasants were made redundant in the name of Thatcherism? Well the boot's on the other foot now guys: YOU are now redundant. Pick up your P45s on the way out. As one of your own once sang, "The times they are a-changing..".

    1. Re:What About The Workers? by MysteriousPreacher · · Score: 2, Funny

      On behalf of my client, I am serving you with a cease and desist order for illegally reproducing the following lyrics

      "The times they are a-changing".

      As you are aware, artists rely on the income from their work and they deserve to be rewarded for it.

      --
      -- Using the preview button since 2005
    2. Re:What About The Workers? by plugholeUK · · Score: 1

      And I might add that my previous comment is subject to copyright for the next 100 years. Anyone reading it owes me money. No cheques please, just cash.

    3. Re:What About The Workers? by MysteriousPreacher · · Score: 1

      I can represent you if someone violates your terms. Tell me, do you have a neckbrace you can wear to court or shall I bring one for you?

      --
      -- Using the preview button since 2005
  59. Re: Copyright Reductions by mdwh2 · · Score: 1

    but there's a real concern that some jerk ad firm will just start pitching cereal to kids with Mickey Mouse.

    But if that is the worry, does copyright have to be extended indefinitely in order to prevent that?

    (Also, that may be a trademark issue.)

  60. Why is Cliff so pissed by oliverthered · · Score: 1

    Did Cliff write any of the words in the song? No.
    Did Cliff write a single note of the music? No.
    Did Cliff even change his voice when singing the song? Probably not.

    So why the hell should he expect any royalties when he didn't make any form of artistic contribution to the work. Cliff needs to stop whining and start producting something creative if he wants royalties.

    --
    thank God the internet isn't a human right.
  61. Whether poll is scientific not dependent on media! by fantomas · · Score: 1
    The fact that this was an online poll means that it's not scientific


    The fact that the poll is online or offline is irrelevant as to whether it was conducted "scientifically". "Scientific" methodologies can be applied both online and offline. I can generate a well made poll online, and equally I can ask a right bunch of tosh in door to door interviews in person.

    I think you might mean "accurate" or "well designed" not "scientific" but hey let's not go there.

  62. Entrapment by DaveCar · · Score: 1


    At the risk of sounding like an itsatrap tag abuser that situation sounds like entrapment to me!

  63. Copyright registry by Ignatius · · Score: 2, Insightful

    I think that, by default, all information should go to the public domain after a fairly short period of, say 5 years after publication. The duration has to be less than the typical half-life period of the media and data formats involved, otherwise stuff can too easily get lost before it gets legal to shift to and distribute in current data formats. After all, getting more stuff eventually into the public domain IS the stated purpose of copyright law.

    If someone wishes to retain copyright privileges for a longer time, say up to 25 years after publication, which is half the current limit and more than enough to allow the author (in reality: the media companies) for reasonable compensation, then it should be required to submit the work in a specified digital format to a public database which is there to make sure that the work is readily available to the public after the copyright has expired.

    The cost for such a database could be covered by a yearly fee from the copyright holders. After all, they get a prolonged state sanctioned monopoly over the work at the expense of everyone else. It's only fair for society to expect something in return. Also, the existence of such a database would greatly simplify the resolvment of legal issues in the enforcement of the granted monopoly.

  64. Re:WhoTF? by pthisis · · Score: 2, Interesting

    Jethro Tull is somewhat well known 60s band

    They started in the 60s, but had their biggest hits in the 1970s and a Grammy for best hard rock/heavy metal album in the mid/late 1980s (I'd guess 1987). Grammys are certainly no measure of talent, but by both critical acclaim and album sales they're more of a 1970s prog rock/1980s hard rock band than a 60s band.

    Also, "somewhat" well known might be a bit of an understatement; having more than one #1 album in the USA (more in the UK) puts you pretty solidly in the well-known category compared to even successful rock outfits. They're certainly not the Beatles, Zeppelin, Pink Floyd, or the Stones; they're not quite the Who or the Eagles, but not knowing them is pretty solidly in the "ignorant of 1970s/80s rock" camp. (And I don't endorse the music of the bands I mentioned, I merely mention them as measures of popularity).

    --
    rage, rage against the dying of the light
  65. Is good out of copyright stuff ? by wonea · · Score: 1

    Is there any out of copyright stuff worth getting hold of? I was just wondering whether there's any websites specialising in guiding people to quality? Archive.org is a mess.

  66. No Copyright - Preservation, not destruction by Anonymous Coward · · Score: 0

    Actually, productions are supposed to go public domain sometime.
    In reality, historic works are being destroyed daily.
    If the caretaker can't take care of them, they should be released.

    Take Dr Who and BBC. Works were lost/ taped over. Recently the moon landing tapes were carelessly lost, the list is endless. Live recordings copyright - well actually who has those tapes?

    The archives act goes 30 years. Severe financial penalities need to be imposed on custodians not fulfilling their responsibilities. A reasonable test is that unprofitable works be released.

  67. OH NO!!! by Godji · · Score: 1

    OMGWTF P0NI3Z!!!! They're trying to kill Mickey Mouse!!!

  68. Re: Administrative Time to deliver a deal by jedidiah · · Score: 1

    Copyrights should not be engineered to rescue the grossly inept
    and inefficient. If a studio can't make a movie without the script
    going out of copyright then they deserve any trouble that ensues.

            BTW, the movie itself being a derivative work of the script
    would have it's own publishing date distinct from that of the
    script. IOW, Superman Returns would still have a copyright date
    of when it was made.

            Also, the "logistical problems" would still prevent a
    competing derivative work (IOW, another movie) from being
    made of the script in the meantime. Nevermind the fact that
    the original script is going to effectively be a trade secret
    anyways. (so no real "copyright problem" there anyways).

    --
    A Pirate and a Puritan look the same on a balance sheet.
  69. Change? by ajs318 · · Score: 1

    This wouldn't affect existing recordings anyway even if it was enacted into law!

    If you introduce a new law, it can't be applied to anything that was done before the law was introduced; and if you introduce a new punishment for an offence, anyone who was sentenced to the old punishment can't be given the new one. That's article 11 of the UN Universal Declaration of Human Rights. Article 7 of the European Convention on Human Rights makes similar provisions and is enshrined in UK law as the Human Rights Act 1998.

    A copyright term extension could only be applied to brand-new copyrights. Existing copyrights would not be affected. The holders knew -- and presumably agreed to -- the terms when they created their creative works.

    --
    Je fume. Tu fumes. Nous fûmes!
  70. It's 50 years for the recording not the song by mustrum_ridcully · · Score: 2, Informative

    The BPI (UK equivalent of RIAA) must be over the moon about the FUD surrounding this issue.

    All the 50 year rule concerns is the copyright of the SOUND RECORDING and the money the PERFORMERS and COMPANIES get.

    The WRITERS of the lyrics and music will still have copyright on the lyrics and music.

    Taking the example of Move It sung by Cliff Richard and if it was played on the radio or bought in a shop.

    In 2006
    Song writer - gets money
    Music writer - gets money
    Singer - gets money
    Muscians - get money

    In 2008 (when the recording copyright runs out)
    Song writer - gets money
    Music writer - gets money
    Singer - gets nothing
    Musicians - get nothing

    Seems fair enough to me...

  71. Re:WhoTF? by fatboy · · Score: 1

    I think you and I are the only people who get the joke. Oh well. I have been moderated -1 troll before and I will be again. Maybe I should have attributed the quote so the clueless would "get it".

    --
    --fatboy
  72. Not over here, probably not over there by Quila · · Score: 1

    The infamous Copyright Term Extension Act (a.k.a., Mickey Mouse Copyright Extension Act) retroactively extended previous copyrights. Mickey Mouse comes into it because the copyright on the original Mickey cartoons was about to expire before the law was passed. This was challenged in our Supreme Court, but the law was upheld.

    1. Re:Not over here, probably not over there by ajs318 · · Score: 1

      Doesn't your written Constitution say something about ex post facto laws? Your copyright extension act is unconstitutional, and therefore Steamboat Willie is in the Public Domain.

      --
      Je fume. Tu fumes. Nous fûmes!
    2. Re:Not over here, probably not over there by Quila · · Score: 1
      Doesn't your written Constitution say something about ex post facto laws?

      Ex post facto is for criminal law, so it doesn't apply.

      However, it is unconstitutional for other reasons. The intent of copyright is to provide incentive for new works. Extending copyright might provide incentive for new works, but there is no incentive for retroactive copyrights, as those works have already been created under the incentive of the shorter copyright term. It also violates the "limited time" provision, in that successive retroactive extensions effectively create an unlimited time ("Forever on the installment plan").

      I also think that any personally-held copyright beyond the lifetime of the author is unconstitutional. First, logically anything beyond a person's lifetime is effectively unlimited. Second, copyright is a limited monopoly right, not property (although the right can be bought and sold as property). You have rights, I have rights, but when we die we have no more rights. A person's right to copyright can be exercised after death no more than the right to free speech.
  73. Copyright is not a pension plan by 2901 · · Score: 1

    In the 1950's Jazz and Swing were popular and many Jazz musicians made good money and saved very little because they thought that there was plenty more to come. Then came the 60's and Rock and Roll. The second string Jazz musicians and swing bands lost their jobs, just when they needed the money to put in a pension plan. Their records were not selling any more so looking to royalties to sustain them in old age was no longer realistic.

    I've singled out Jazz because I heard a radio program in which elderly Jazz musicians reminisced about the good old days (the 50's) and giving up music in the lean times (the 60's). Surely it is only a handful of big name artists in any genre who can expect the royalty checks to keep coming after ten or twenty years.

    If copyright was cut back to 20 years some big names would not be quite so rich, but copyright is not bankable. Ordinary musicians have to save some money from their early royalty cheques, because the cheques don't keep coming, no matter how long copyright lasts for.

  74. This is terrible! by Muzungo · · Score: 1

    We need 95 year copyright to encourage more creativity among the dead

  75. Re: Copyright Reductions by TaoPhoenix · · Score: 1

    Unless someone comes up with a hybrid compromise, I think so.

    Most companies haven't bothered trying to sell stuff with Tom Swift because the character is so old, it's unuseable. (Except that one has been renewed, but you know.)

    We'd like to think public domain materials are only for innocent artists, but public domain = fair game.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  76. Re: Copyright Reductions by mdwh2 · · Score: 1

    Unless someone comes up with a hybrid compromise, I think so.

    So should we extend copyright to infinity, now then? After all, people might use public domain material in adverts now. And why should Disney be allowed to rip off all those old fairy tales?

    A compromise could be to allow a period of non-commercial use, or say creative commons licence as someone suggested, so it's not under the current strict control of copyright, but isn't public domain.

    Or, as I say, trademark law could cover the issue of people misusing Mickey Mouse. I mean, why is it wrong if some jerk uses Mickey Mouse to advertise? I find most ads annoying whoever they use, plus there's the point that we already get this sort of thing anyway, where people or characters are used to advertise things (because they get permission, or they own the copyright themselves), and it's not anymore annoying than ads in general.

  77. Re: Public Domain by TaoPhoenix · · Score: 1

    Copyright laws aren't made about your preferences. They're made to make corporations money. When a fundamental staple of an intellectual empire is allowed to be used by anyone, that empire will be in big trouble.

    Corporations are quite pleased that you find their ad annoying. It tells them that you count as an Exposure. If you've been Exposed enough to be annoyed, then someone else is Exposed enough to buy.

    If you "already get this sort of thing in general", it's because the ad firm paid heavily for the license rights to the character. If Mr. Mouse becomes fair game, anyone can use him, and Disney gets... nothing.

    The kinds of compromises in your middle paragraph are the ones I wanted the Slashdot Crew to weigh in on.

    The preview word is prospers, which is what Copyright laws make sure a Corp does.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine