UK Copyright Under Fire Again
stupid_is writes "Following on from the story on the Gower Report in the UK, a host of musicians (over 4,500 of them, including poor, starving stars such as U2, Paul McCartney and Peter Gabriel) have taken out a big ad in the FT to back the call for an extension to copyright in the UK. Allegedly, that's what the British public wants — although the survey seems to be asking a different, rather biased, question." From the article: "A spokesman for the Open Rights Group, which campaigns for greater digital rights, said: 'The big music firms have done a good job of persuading some artists to sign up to this but anyone who reads the Gowers review will see it demolishes the arguments for extension. An awful lot of content creators are not represented by this and recognise an extension will do nothing for creativity and nothing for the public.'"
From Lawrence Lessig's blog:
I agree we need to protect artists rights (I'm a musician, and am currently recording a cd). However, the current copyright is simply ridiculous. Life plus 75 years (US)? 95 for corporate works (US)? That's out of line.
What I'd like to see is: 25 years. One renewal for an additional 20. That gives 45 years total. If you haven't made enough off of something in in 45 years, tough shit. Do something new.
"It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
This is a very important distinction, and I'm shocked that you've been modded to +5 insightful for providing completely misleading information.
And I'm shocked you misunderstand copyright so fundamentally. The function of copyright is to provide artists with protection for their works. The theory is that this stimulates the creation of new works, thus enriching society. And *that* is the benefit to society at large (the creation of new works). Thus, the idea that "copyright does NOT exist to benefit you" is flat out ridiculous.
The problem is that extending copyrights will likely do nothing to spur creation of new works. All it will likely do is place more power in the hands of corporations and the rich, who can afford to litigate to ensure their works are suitably protected. Meanwhile, if the extension the retroactive (as was the extension introduced in the Sonny Bono Act), materials from the public domain will be *removed*, which amounts to theft, IMHO.
I once considered myself a bass player. At bars we would play songs & work 50% originals with 50% covers. We were pretty much illegally performing songs (Don't Let Me Down by The Beatls, Karma Police by Radiohead, Yellow by Coldplay, The Door by The Turin Brakes, etc.). Now, why do we do this? It pleases the crows and shows them that we like their music and that if they listen to ours hopefully they see the influence and elements. Yes, every band borrows these things--you can't deny it.
It doesn't make any sense that Sir Paul should say this. Look at the line up of The Beatles' first album:
- 1. "I Saw Her Standing There" - 2:55
- 2. "Misery" - 1:50
- 3. "Anna (Go to Him)" (Arthur Alexander) - 2:57
- 4. "Chains" (Gerry Goffin/Carole King) - 2:26
- 5. "Boys" (Luther Dixon/Wes Farrell) - 2:27
- 6. "Ask Me Why" - 2:27
- 7. "Please Please Me" - 2:03
- [edit] Side Two
- 1. "Love Me Do" - 2:22
- 2. "P.S. I Love You" - 2:05
- 3. "Baby It's You" (Mack David/Barney Williams/Burt Bacharach) - 2:38
- 4. "Do You Want to Know a Secret?" - 1:59
- 5. "A Taste of Honey" (Bobby Scott/Ric Marlow) - 2:05
- 6. "There's a Place" - 1:52
- 7. "Twist and Shout" (Phil Medley/Bert Russell) - 2:33
Ok, so nearly half the songs are covers of other musicians. Now I would like to ask Paul how it is that a starting band (exactly like him) gets enough money to pay the licensing costs to half their songs which are covers. Was it easy for you, Paul? Would it be that easy for bands today? Shouldn't you be honored that musicians are influenced by you and worship you?When you look at the irony of Paul's statements considering that first album, it really makes me wonder how much money he'll need before he's a happy man. Does he realize the implications this has on the music in his country and possibly the world?
My work here is dung.
It was the Americans that shifted the idea of copyright as something ANYBODY could get for a small price per document. It was a radical then as GPL is now.. for about the same reasons.
American's seem to forget Congress is FORBIDDEN to grant "titles of Nobility"... that doesn't just mean Congress can't call somebody "King" or we have to kick a girl out because she marries a REAL prince. A title of "nobility" is something that endures.. you pass on or inherit. Something "abstract" like a knight in service to a queen, or a lord over land... "IP" as a concept is beginning to fall into a "title of nobility" status. Only this time it's not one person that gets the "title" it's a corporation. YUCK! That makes it worse because the corporation never actually DIES. It makes the executives of the RIAA and MPAA like the religious priest class in other cultures. Only they can spread knowledge, entertainment, and even legal documents of the govt because of their "IP" property. Only they have the ability to protect "IP" property.. so you have to pay "fealty" and "prostration" to them to be heard.... that's 100% Un-American!
If copyright is not extended it will have a huge negative effect on the record companies / British Phonographic Industry (BPI) and RIAA groups and content distributors, beyond that of royalties paid.
Content in the public domain waters down the argument for requiring ALL content is to be 'protected'. If half of the worlds music was public domain, lobbyists would have a hard time persuading lawmakers to put restrictions on ALL devices. This has been evident with the RIAA continuously argue why DRM is required for ALL music to prevent copyright infringement. These arguments usually fail to recognize the existence of non-copyrighted music (Creative Commons etc), and certainly make no provision for it in their argument or 'industry drafted bills' (e.g DMCA). This results in systems like the Zune wi-fi sharing system which applies DRM when transferring songs, whether the media requires protection or not, and with total disregard for other licences such as 'copyleft' which may expressly forbid it.
We've seen from the Napster and Gokster cases in the 'war on file sharing' argued that "ALL file sharing is infringement of copyright", and fails to recognize the legal uses of file sharing systems. Again, if half of the worlds music was public domain, media conglomerates' argument is significantly watered down. Services like Youtube and Google Video have already been targeted, and we've seen media companies desire to shutdown the service altogether although Youtube and Google video are exceptional in that they've been careful to prevent copyright infringement from the start, and the result has been for the media companies attempts to re-define infringement. (i.e teenagers lip-sinking songs). Again their aim is to prove the majority of content that is free is infringing copyright and the services providing it should be shut-down.
Big Media have a very huge stake in extending the duration of copyright, well beyond the immediate issue of royalties for artists. (The amount of these royalties that is passed to artists is another issue altogether). The music industry and BPI will likely "pull out all the stops" to prevent an extension of copyright, which we are starting to see it with the use of artists that have done very very well out of record company who may 'win the hearts and minds of the people'. Big Media will be lobbying politicians as fast as they can, and will no doubt us scare tactics where possible. If all this British music is released into public domain, it will make shutting down file sharing networks much harder.
The BPI (and RIAA) have responsibilities "in the collection, administration and distribution of music licenses and royalties" which relies on a vast library of content being under their control. Music that us currently in their control placed in the public domain erodes their breadth of responsibility and will ultimately affect their cut of the royalties.
The extension of copyright by 50 years has far further implications than just the royalties paid to the artists. It weakens many of the arguments of the BPI and RIAA groups, and reducing their value and their income. This argument is not about the artists getting more money, it is about the BPI and RIAA retaining their value and ability to "fight the crime of music theft".
They cannot fight the "crime" if the music is free to copy and share.